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Staffing News Online

NJSA's Staffing News Online is a monthly e-newsletter that is available to the staffing industry.  The content for Staffing News Online comes directly from our industry partners.  If you are an NJSA industry partner and would like to submit content for Staffing News Online, please email office@njsa.com with your article.

  • Monday, March 29, 2021 3:48 PM | Denise Downing (Administrator)

    Submitted by Christopher Leddy, Esq., Becker LLC

    On March 29, 2021, SB95 goes into effect in California. SB95 applies to all California employers who have 25 or more employees and provides for COVID-19 supplemental paid sick leave for covered employees who are unable to work or telework due to:

    • The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace. If the covered employee is subject to more than one of the foregoing, the covered employee shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidelines that provides for the longest such minimum period.
    • The covered employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
    • The covered employee is attending an appointment to receive a vaccine for protection against contracting COVID-19.
    • The covered employee is experiencing symptoms related to a COVID-19 vaccine that prevent the employee from being able to work or telework.
    • The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
    • The covered employee is caring for a family member, as defined in subdivision (c) of Section 245.5 of the California Labor Code, who is subject to an order or guidelines as described in the first bullet point above, or who has been advised to self-quarantine as set forth in the second bullet point above.
    • The covered employee is caring for a child, as defined in subdivision (c) of Section 245.5 of the California Labor Code, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

    Employees who utilize the leave for any of the foregoing reasons are considered to be covered employees under SB95.

    While SB95 goes into effect on March 29, 2021, it is retroactive to qualifying leave taken on or after January 1, 2021; however, employers do not have to go back and reclassify leave taken before March 29, 2021 as COVID-19 supplemental paid sick leave, but can wait for the employee to request the same.

    Covered employees are entitled to 80 hours of COVID-19 supplemental paid sick leave, if the covered employee is considered to work full time by the employer or worked or was scheduled to work, on average, at least 40 hours per week for the employer in the two weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. Part-time employees are entitled to the total number of hours the covered employee is normally scheduled to work for the employer over two weeks. Variable covered employees are likewise entitled to paid leave, but the amount of leave requires a calculation depending upon how long the covered employee has worked for the employer.

    This paid leave is currently capped at $511 per day and $5,110 in the aggregate. Subject to the foregoing cap, non-exempt covered employees are paid the highest of: (1) the regular rate of pay for the work week in which the covered employee uses COVID-19 supplemental paid sick leave, whether or not the employee actually works overtime in that work week; (2) dividing the covered employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment; (3) the state minimum wage; or (4) the local minimum wage to which the covered employee is entitled.

    Employers cannot require a covered employee to use any other paid or unpaid leave, paid time off, or vacation time provided by the employer to the covered employee before the covered employee uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave, except in cases of exclusion pay under the California Division of Occupational Safety and Health COVID-19 Emergency Temporary Standards.

    Further, there are posting requirements with regard to SB95, which can be found at: https://www.dir.ca.gov/dlse/2021-COVID-19-Supplemental-Paid-Sick-Leave.pdf. For those employees who work off-site, the foregoing notice should be supplied to them remotely.

    Like prior paid leave laws in California, the amount of leave available must be set forth on employees’ paystubs. SB95 expires on September 30, 2021.

    About Becker LLC: Becker LLC is a premiere mid-market firm recognized as a leader in the Staffing Industry. With offices in New York, California, Pennsylvania, and New Jersey, the firm provides forward thinking, mission-critical advice to staffing industry entrepreneurs and management on high stakes, complex legal matters as well as day-to-day matters and long-term plans. The firm are proud to be members of the following Staffing Associations: TechServe Alliance, SIA, ASA, ASG, TempNet, CSP, MSA, NJSA, NYSA and serves as general counsel to the Mid Atlantic Staffing Association.

  • Monday, March 29, 2021 3:47 PM | Denise Downing (Administrator)

    Submitted by Assurance

    Group Captives for Staffing

    Are you tired of unpredictable renewals, insurance carrier declinations of placements restricting your growth, instability in rates, and waiting for your experience modification to catch up with your safety and risk management practices? Imagine having pricing expectations four months out from your renewal date, more flexibility in making placements and an insurance cost specific to your loss performance.

    Does this sound too good to be true? Think again. Group captives make this all possible and are a hot commodity in the industry because of it.

    Here are six advantages of group captives for staffing companies:

    • Predictable pricing – your insurance cost is almost entirely based on your individual performance which allows for early forecasting. A composite rate can protect you from unanticipated premium difference at audit due to reclassifications.
    • Ownership of an insurance program along with like-minded, best in class companies; whereas in the standard market you’re subject to rate increases based on how the industry as a whole (good or bad) has performed, not to mention state mandated rate increases.
    • Entitlement to the return of underwriting profits instead of the insurance carrier retaining the proceeds.
    • Generation of investment income on loss fund dollars. Even if you perform at expected losses, claims are not paid out immediately but over a period of several years. While loss fund dollars are on hand prior to payment, investment income is earned.
    • Authorization over program decisions – TPAs, safety services, discretionary use of loss control dollars, etc.
    • A broader underwriting appetite allows you to expand the nature of your placements giving you more growth opportunities.

    While there is no barrier to exit a captive after the first policy term, a captive is ideally a long-term solution. Being such, consideration should be given to the following:

    • Collateral is required whether posted via a letter of credit or cash. You do earn investment dollars on cash collateral. You’ll need to analyze the opportunity cost of tying up cash or borrowing capacity.
    • If you exceed your expected loss funds dollars, then you may be in an assessment position as a captive is a loss sensitive program. Carefully review the program maximum.
    • Group loss sharing is a captive requirement although what comes along with this is individual protection on shock losses.

    If you’re interested in a program and partnership that can provide visibility into your workers’ compensation costs and establish a long-term solution, contact a member of the ‘A’ Team to discuss whether a captive solution is right for you.

  • Monday, March 29, 2021 3:45 PM | Denise Downing (Administrator)

    Submitted by Spark Hire

    The demand for external talent sourcing is at an all-time high, but with such a large influx of quality talent, it can feel difficult to manage your candidates and clients effectively. Now, more than ever before, staffing professionals rely on innovative technology to manage the workload and stay ahead of the game.

    A dedicated video interview platform has the power to boost placements and increase your success as a staffing pro. However, knowing how best to leverage the platform isn’t always so obvious.

    To give you a solid start, we’ve laid out exactly how video interview platforms actively boost candidate placements:

    Gain early insight into candidates

    The earlier you’re able to provide clients with an in-depth snapshot of your candidate, the better. Traditional candidate profiles and CVs no longer provide adequate insight beyond their basic skills and experience, and frankly, don’t excite your client.

    Video interviews showcase a candidates’ personality beyond their resume and allow clients a chance to evaluate how they might fit within the company culture or among the team. Not to mention, one-way video interviews help shed light on the most desirable skills your clients are looking for.

    For example, with one-way video interviews, you can choose questions based on a specific requisition to highlight a candidates’ personality, soft skills, and unique experiences. As a result, clients gain advanced insights earlier on in the placement process, and it boosts their investment in the prospective candidates. This equips them to make the best decisions about who to advance to the next stages of the interview process.

    Enhance the candidate experience

    Now more than ever, staffing pros focus on enhancing the candidate experience throughout every stage of the recruitment process. To do this effectively, look for ways to curate a more personalized experience while keeping candidates excited about open roles. Video interviews are a great way to stand out from the competition and establish a more personal connection.

    To ensure a candidate remains excited and engaged, start leveraging a video interviewing platform to promote your client’s brand. This technology comes equipped with customizable branding features to help make a lasting impression. You can upload a clients’ logo, select their brand’s unique colors, add photos, and record or embed company videos to appear before and after candidates complete their interviews. Use these videos to personally welcome candidates to the process, get them excited about the role, and thank them for their time while providing information on next steps.

    These personal touches help to enhance the candidate experience and promote their investment earlier on in the recruitment process.

    Expedite a transparent screening process

    The shift to remote recruitment has resulted in a slower screening process for the majority of agencies. Without the proper technology, recruiters are left bogged down with an overwhelming talent pool to filter through. Despite the influx, 60% of candidates now expect quicker feedback on their application status.

    On top of a faster screening process, both candidates and clients want frequent and transparent communication. However, expediting the communication process is never cut-and-dry. There are many factors impacting candidate details you send to clients and information you receive back.

    With a dedicated video interview platform, candidates and clients have some control over their experience while streamlining the way you stay up-to-date on the status of the screening process.

    Candidates record video interviews on their own time and after your review, clients can offer their impressions and feedback at their convenience from anywhere in the world. You’ll receive notifications when each step is completed, from the candidate interview to client reviews. This quick feedback helps you know when to follow up with a client or candidate on next steps, resulting in a more transparent and efficient process.

    Improve team collaboration

    Seamless team collaboration is critical for making a successful and long-lasting placement. However, working remotely can make team collaboration feel more difficult than ever to coordinate. Between impossible schedule syncs and time-strapped hiring managers, more and more recruiters are discovering the benefit of video interviews to promote open and effective communication amongst your key decision-makers.

    Being able to share recorded candidate videos with the entire hiring team provides your client the opportunity to collaborate at their convenience. The team is free to view, comment, and rate candidates in their own time. You can then view your client’s interview evaluations for specific roles and track feedback about each candidate, resulting in faster follow-ups with prospective candidates. Managers can also share video interviews with other departments within the company to evaluate culture fit and skill set.

    Secure higher retention rates

    The key to a successful retention rate hinges on how you interact with your candidates and clients. The candidate and client experience are crucial.

    Video interviews create a positive chain reaction that increases clients’ retention rates from the hiring process through employment. Additionally, enhancing the candidate experience solidifies their investment in the new role. When their expectations are met during the interview phase, they start their career on a more positive note. As a result, clients and candidates are more satisfied with their placements for the long-haul.

    Clients that see increased retention thanks to your placements are almost guaranteed to keep coming back for more. As their trust in your ability to provide the best quality hires increases, word will get out to their network, likely earning you new clients. Similarly, former candidates who are satisfied in their roles are more likely to refer you to other top talent creating opportunities for valuable placements in the future.

    About the Author

    Josh Tolan is the Founder and CEO of Spark Hire, the world's leading video interviewing platform with more than 6,000 customers in over 100 countries. Since Spark Hire's launch, Josh has become an influential member of the HR and recruiting community. He shares his knowledge and thought leadership on recruiting as a contributor on a wide range of outlets including Mashable, FastCompany, The Huffington Post, ERE.net, Recruiter.com, TechCrunch, and more.

  • Friday, February 26, 2021 9:42 AM | Denise Downing (Administrator)

    Submitted by Peckar & Abramson, P.C.

    The H-1B nonimmigrant visa program, which allows employers to bring in foreign professionals to work in “specialty occupations,” has been an important tool of the staffing industry for many years. As winter thaws, our thoughts turn to our spring gardens, but staffing companies know that spring also means H-1B cap season is around the corner. U.S. Citizenship and Immigration Services (“USCIS”) rolled out its new H-1B registration system last year, and for the most part it has been regarded as a positive change, reducing costs for employers not selected in the lottery. With a year of experience under the new registration system, and after a year where many changes were proposed to the H-1B visa program, what can staffing industry employers expect for the fiscal year 2022 (“FY2022”) H-1B cap season?

    The Basics

    The cost of each H-1B registration remains $10. The registration period will open at noon (EST) on March 9, 2021, and remain open until noon (EST) on March 25, 2021 (note: this is a change from last year when the registration period ran from March 1st until March 20th). Employers seeking to create new myUSCIS accounts for registration purposes can do so beginning on March 2, 2021, at noon (EST). If your organization has more than one legal entity (meaning, a company with a different employer identification number) that desires to sponsor an H-1B employee, each entity will need to set up a myUSCIS employer account. If you previously set up an employer account for the FY2021 registration period, you may use that existing account again this year. However, if your H-1B “point person” has changed (i.e., the authorized representative who typically signs your work visa petitions), then the new representative will need to set up their own myUSCIS account, since USCIS does not allow sharing of individual’s registration accounts.

    USCIS intends to run the lottery after the registration period has closed and then notify selected registrants by March 31, 2021. The first phase of the lottery will pick from a pool containing all registrations, while the second will be limited to only individuals that qualify for the advance degree cap. April 1, 2021, is the first date on which selected registrants can file their Petition for Nonimmigrant Worker, Form I-129, with USCIS. Selected employers will have at least 90 days to submit the H-1B petition to USCIS. It is unclear, at this time, whether USCIS will allow Premium Processing for cap-subject FY2022 petitions.

    The information needed to complete each registration remains the same:

    • The employee’s full name, as it appears on their passport, and gender;
    • The employee’s passport number and country of citizenship;
    • The employee’s date/country of birth; and
    • Confirmation regarding whether the beneficiary is eligible for the U.S. advanced degree cap (note: a beneficiary is eligible for the advanced degree cap if she will obtain the degree by the time her H-1B petition is filed with USCIS).

    The sponsoring employer may only submit one registration for the same beneficiary. Duplicate registrations will be cancelled by USCIS and cannot be re-filed. Multiple related entities can each submit a single registration for a specific beneficiary, but only if each entity can show a legitimate business need. These potential duplicates will be closely scrutinized by USCIS before the cap lottery is run.

    Is the lottery still random?

    Yes. On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule seeking to replace the current system, which randomly selects H-1B registrations for the lottery, with a prioritization system that would favor petitioners offering higher wages to their employee based on the Occupational Employment Statistics (“OEC”) four-level wage system. This was slated to go into effect on March 9, 2021, just in time for the FY2022 cap season. However, on February 4, 2021, DHS posted the final rule for public inspection, delaying its effective date for cap-subject H-1B petitions until December 31, 2021. The practical effect is that FY2022’s cap season will be unaffected, and the lottery will be chosen through random selection.

    Will prevailing wages be significantly higher than last year?

    No. On October 8, 2020, the Department of Labor (“DOL”) issued an interim final regulation that significantly raised the prevailing wage minimums for foreign professional workers, including H-1B employees. On December 14, 2020, the U.S. District Court for the District of Columbia struck down the rule because, among other reasons, the DOL bypassed the mandated public notice and comment period. On January 14, 2021, a new version of this rule was published, which still contains significant increases to the prevailing wage levels, but nothing close to what was attempted in late 2020. This new rule, however, is not slated to go into effect until July 1, 2021, so it should not affect cap-subject FY2022 petitions filed within the initial 90-day window.

    Has the definition of a specialty occupation changed?

    No. On October 8, 2020, DHS published a rule in the Federal Register seeking to tighten certain H-1B definitions and regulations. For instance, employers would no longer be permitted to argue that a bachelor’s degree was common to the industry and would have, instead, had to show it was a minimum requirement for entry into parallel positions at similar organizations. Critical for staffing companies, the proposed rule sought to add definitions to distinguish the “worksite” from a “third-party worksite,” the latter being a place “other than the beneficiary’s residence in the United States” that is not owned, leased or operated by the petitioning employer. The rule also sought to define whether an employer-employee relationship exists between the petitioner and a beneficiary working at a third-party worksite, and to limit H-1B employment at third-party worksites to a maximum of one year. This rule was struck down by the U.S. District Court for the Northern District of California on December 1, 2020, along with the prior version of the increased prevailing wage rule. These new definitions and requirements will, therefore, not affect the FY2022 H-1B cap season.

    In Conclusion

    The H-1B registration period will be open from March 9th until March 25th of 2021. As H-1B visas registered are expected to greatly exceed the allotted 85,000 available, employers seeking to bring in foreign workers for the FY2022 cycle will need to have their H-1Bs registered within that window. Late registrations will not be allowed. Employers should be in contact with immigration counsel as soon as possible to make sure all accounts are set up and that a plan is in place for the registration period.

  • Friday, February 26, 2021 9:09 AM | Denise Downing (Administrator)

    Submitted by Becker LLC

    As staffing firms are familiar with by now, as a condition of entering the workplace, staffing firms and their clients may require COVID-19 testing of employees and temporary workers. However, until recently, the CDC had not fully developed and laid out what consents and disclosures were required to be provided to employees and temporary workers before a business could institute such a program. Well, now the CDC has.

    The below outlines what the CDC expects of such testing programs. Therefore, when a client requires COVID-19 testing, staffing firms, as the employer of record, will want to ensure that both the staffing firm and the client are complying with the CDC guidance, especially if the client is the one conducting the testing. Ensuring a client’s compliance may require an amendment to the master services agreement as well as visual oversight.

    According to the CDC, all testing should only be conducted with an employee’s or temporary worker’s informed consent which must consist of (1) disclosure, (2) understanding, and (3) free choice. The CDC recommends the following steps be taken when creating a testing program:

    • Ensure safeguards are in place to protect an employee’s privacy and confidentiality.
    • Provide complete and understandable information about how the employer’s testing program may impact employees’ lives, such as if a positive test result or declination to participate in testing may mean exclusion from work.
    • Explain any parts of the testing program an employee would consider especially important when deciding whether to participate. This involves explaining the key reasons that may guide their decision.
    • Provide information about the testing program in the employee’s preferred language using nontechnical terms. Consider obtaining employee input on the readability of the information. Employers can use this tool to create clear messages.
    • Encourage supervisors and co-workers to avoid pressuring employees to participate in testing. 
    • Encourage and answer questions during the consent process. The consent process is active information sharing between an employer or their representative and an employee, in which the employer discloses the information, answers questions to facilitate understanding, and promotes the employee’s free choice.

    Further, the guidance states disclosures should include those addressed in the FDA’s emergency use authorization patient fact sheet, including:

    • The manufacturer and name of the test.
    • The test’s purpose.
    • The type of test.
    • How the test will be performed.
    • Known and potential risks of harm, discomforts, and benefits of the test.
    • What it means to have a positive or negative test result, including:
      • Test reliability and limitations
      • Public health guidance to isolate or quarantine at home, if applicable

    Finally, the CDC lists a host of questions that employers should be ready to answer, including, but not limited to:

    • Why is the employer offering to test employees?
    • Will the employer pay for the employee’s time and travel?
    • Are there any available accommodations or alternatives for an employee who declines to take the test?
    • Who pays for the test?
    • Who will be administering the test and what are their qualifications?
    • When will the results be provided to employees, and in what confidential manner?
    • Who will interpret the test and what are their qualifications?
    • What is the test provider’s obligation to report a positive result to the public health authority.
    • What personal information does the employee need to provide (e.g., name, date of birth) to the test provider?
    • How will personal information be kept confidential and secure (i.e., restricted from unauthorized access or disclosure)?
    • Who to contact to explain an employee’s rights?
    • Who to contact if assistance is needed (e.g., language translation or transportation to and from the testing site)?

    Based on the above, it is imperative that all staffing firms who decide to move forward with COVID-19 testing have a well-documented and prepared testing plan; and in the case of staffing firm clients, staffing firms must ensure the applicable client’s plan adheres to the guidance as well. While the CDC guidance is helpful in developing such a plan, it is highly recommended that all plans be run by your legal counsel prior to implementation

    About Becker LLC: Becker LLC is a premiere mid-market firm recognized as a leader in the staffing industry. With offices in New York, California, Pennsylvania, and New Jersey, the firm provides forward thinking, mission-critical advice to staffing industry entrepreneurs and management on high stakes, complex legal matters as well as day-to-day matters and long-term plans. The firm are proud to be members of the following Staffing Associations: SIA, ASA, ASG, TempNet, CSP, MSA, NJSA, NYSA and serves as general counsel to the Mid Atlantic Staffing Association.

  • Friday, February 26, 2021 9:08 AM | Denise Downing (Administrator)

    Submitted by Peapack Private Investment Banking

    Our team is pleased to present its 4Q20 quarterly human capital solutions industry update from our Senior Advisor, Jim Janesky, who oversees client coverage and leads the vertical.

    Through this industry update, we will share with you our impressions on the market, track the leading macroeconomic indicators, report relevant transactions, public market valuations and highlight current trends. We also encourage you to set up a meet and greet with Jim Janesky and obtain a complimentary evaluation of your business.

    Click here to download the report.

  • Friday, February 26, 2021 9:06 AM | Denise Downing (Administrator)

    Submitted by Two River Benefits

    The Equal Employment Opportunity Commission (EEOC) recently added nine new answers to frequently asked questions (FAQs) to its existing guidance on how employers should comply with the Americans with Disabilities Act (ADA) and other fair employment laws while also observing all applicable emergency workplace safety guidelines during the coronavirus (COVID-19) pandemic.

    Guidance for Employers

    The new FAQs address mandatory workplace vaccination programs and the restrictions that federal fair employment laws place on them. In general, employers may require employees to receive COVID-19 vaccinations as long as they provide reasonable accommodations for employees who refuse to take the vaccine for medical or religious reasons.

    The EEOC’s new FAQs generally clarify, among other things, that:

    • Employers may require employees to receive COVID-19 vaccinations;
    • Employers that require vaccinations may need to provide accommodations, or show that an unvaccinated employee would pose a direct threat;
    • Vaccination-related questions from employers must be job-related and consistent with business necessity; and
    • Any medical information obtained in the course of a vaccination program must be kept confidential.

    Employers with 15 or more employees should become familiar with and follow the guidance provided in all of the EEOC’s FAQs about ADA compliance, and employers should ensure that they comply with state and local anti-discrimination laws as well.

    While the COVID-19 vaccine is not yet available to the general public, employers should begin to plan for when there is broader access.

  • Friday, February 26, 2021 9:03 AM | Denise Downing (Administrator)

    Submitted by Becker LLC

    Healthcare Staffing companies, in particular, routinely provide base pay as well as per diem expenses  (i.e. food and lodging) as part of their total compensation package when recruiting and hiring travel nurses. In fact, for many travel nurses, the payment of the per diem expenses is part of the allure, as per diem payments are typically tax-free. Likewise, employers may benefit from such an arrangement (if done within the constraints of the law) as it permits payment to travel nurses that may otherwise be taxable and subject to various wage and hour restrictions, including, overtime.

    However, in the recent 9th Circuit decision of Clarke v. AMN Services LLC, the Court, in reversing a lower court’s decision in favor of the employer, stated not so fast, the per diem payments there should have been classified as compensation and not tax-free benefits because the payments were compensation for work rather than as reimbursement for expenses incurred by the travel clinicians. The Court, in reaching its decision, relied on, amongst other guidance and case law, 29 C.F.R. §778.224(a), which states that payments excludable from wages “do not depend on the hours worked, services rendered . . . or other criteria that depend on the quality or quantity of the employee’s work.”

    The employer in Clarke v. AMN Services LLC, had two different policies regarding its per diems: (1) pre-2014: “the per diem payments were prorated based on hours missed: for each hour a clinician failed to work, [the employer] would deduct $18 from the weekly per diem benefits”; and (2) post-2014: generally, “if a clinician contracted to work three shifts per week misses a shift, “the per diem allowance . . .advanced to her the week before [is] adjusted by one-third.”

    While the Court noted, that “[r]eimbursing traveling clinicians for seven days of expenses even though most clinicians only work three days a week is justifiable because the clinicians are scheduled to work away from home for a prolonged period and are not expected to travel back and forth to their home base each week”, the Court found that the employer’s policy of taking “pro rata deductions from its per diem payments [were] unconnected to whether the employee remains away from home incurring expenses for [the employer’s] benefit. Instead, the deductions connect the amount paid to the hours worked while still away from home, thereby functioning as work compensation rather than expense reimbursement.” Thus, the Court reclassified the per diem payments as wages, subjecting such payments to taxes and increases to the applicable travel clinicians’ overtime wages.

    While, this case was based on a specific set of facts, the Court, undoubtedly, dealt a significant blow to per diem payments and the Healthcare Staffing Industry. All Healthcare Staffing companies should immediately review and update their contracts and policies in accordance with this case.

    About Becker LLC: Becker LLC is a premiere mid-market firm recognized as a leader in the staffing industry. With offices in New York, California, Pennsylvania, and New Jersey, the firm provides forward thinking, mission-critical advice to staffing industry entrepreneurs and management on high stakes, complex legal matters as well as day-to-day matters and long-term plans. The firm are proud to be members of the following Staffing Associations: SIA, ASA, ASG, TempNet, CSP, MSA, NJSA, NYSA and serves as general counsel to the Mid Atlantic Staffing Association.

  • Friday, February 26, 2021 9:02 AM | Denise Downing (Administrator)

    Submitted by Haley Marketing

    The cornerstone of a successful email marketing program is a solid list. And whether you're planning to send emails to clients, candidates or both, you need to make sure your email list is clean.

    What Does a "Clean" Email Marketing List Mean?

    Having a clean list means no emails that are:

    • Out of date
    • Irrelevant
    • Misspelled
    • Opted Out

    Maintaining a list that's both robust and accurate (i.e., it targets current and relevant decision-makers) is critical to the success of your marketing and overall business success. Not only will cleaning up your list make for better internal records, but it will also make sure you are sending intentional content that answers the questions people on your lists are asking.

    How Can You Clean up Your List?

    To start cleaning up your list, go through it to search for typos or misspellings. An email won't go through if you spell Outlook as Outlok by accident. Then, check to see if anyone you know has moved on to another company or asked to be removed from your mailing list. Make sure they are not still receiving your emails, as they could file a SPAM complaint if they opt-out and their request is not honored.

    Can't You Just Purchase a List and Be Done with It?

    You can…but we don't recommend it. Using a purchased list may be quick and convenient, but it's also highly likely the list will contain addresses that are not compliant with the CAN-SPAM Act (violations of which could cost you up to $43,792 – PER EMAIL).

    As an alternative, consider partnering with email and content marketing experts like Haley Marketing. By working with a reputable and qualified agency, you have access to a mailing system with filters that work to clean your email list for you. Not only does our system keep track of opt-outs, it also filters out bad/misspelled and invalid email addresses and sends you a report so you can fix just the emails with those issues instead of hunting them down on your own time.

    Remember, your email marketing campaign's success depends on the quality of your list. Make a habit of regularly reviewing, updating and growing your marketing list – so your marketing delivers the results you need.

  • Monday, February 01, 2021 1:55 PM | Denise Downing (Administrator)

    Submitted by Assurance

    How to Survive A Hard Liability Market

    The insurance marketplace is recurrent in nature. When the market is soft, insurance carriers are competing for business; therefore, rates are lower, underwriting criteria may be more flexible, and coverages are broadened. When the market is hard, there’s a reduced supply of insurance causing coverages to be narrowed and rates to be generally increased.

    What Contributes to a Hard Market:

    1. Adverse loss trends/catastrophic losses – both the frequency and severity of claims is on the rise. Specific to the staffing industry, Auto Liability and Employment Practices Liability have been loss leaders and carriers are not collecting enough premium to cover the cost of claims. Litigation trends and increased medical costs have also led to higher payouts.
    2. Decreased carrier capacity – as carriers take on poor loss experience, they respond by restricting the classes of business and lines of coverage they want to insure.
    3. Decrease in carrier investment returns – typically the bulk of carriers’ profits are from investment returns even if they have an unprofitable underwriting year. Reduced returns are causing carriers to restrict their underwriting appetite.
    4. Lack of Reinsurance – as reinsurance becomes more costly or difficult to obtain, underlying carriers will increase rates as they are forced to take on more of the primary exposure or they will exit classes of business entirely.

    What to Expect in a Hard Market:

    1. Premium increases/lack of affordable coverage
    2. Increased scrutiny on submissions – requests for additional applications, historical data, detail on losses, controls, and exposures
    3. Restrictions in coverage – via policy forms or requirements for increased retentions
    4. Unavailability of higher limits or coverage enhancements
    5. Conditional or non-renewal notices
    6. The need to change carriers, work with more carriers, or obtain coverage through the excess/surplus lines marketplace

    How to Survive a Hard Market:

    • Stay ahead of the renewal process and communicate early with your broker to identify how you will be impacted.
    • Be prepared to provide much more detail at the time of renewal.
    • With shrinking capacity, carriers will be decreasing the number of brokers and wholesalers they work with. Be sure to partner with a broker with strong carrier relationships and knowledge of your industry.
    • Work with your broker to review your policies and procedures to understand where improvements can be made to secure more favorable quotes or reduce your liability to uninsured losses where coverage restrictions are imposed.

Click on the dates below for Staffing Online News archives from 2017 and 2018.  

Contact NJSA

New Jersey Staffing Alliance
P. O. Box 518
Mount Laurel, NJ 08054
Tel: 973-283-0072
Fax: 856-727-9504

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