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Kelly Settles Interview Lawsuit

October 18 2011

Kelly Services Inc. settled a class-action lawsuit filed by temps who claimed time spent during interviews should be compensated, according to the October issue of the Legs & Reg Advisor now available to corporate members of Staffing Industry Analysts.

The suit, filed in August 2008, sought compensation for time spent interviewing with Kelly’s client companies as well as travel time, expenses and time spent preparing for interviews. The courts ruled that only time spent during interviews was compensable under California law. A critical factor in the court’s decision was the level of control Kelly had over its temporary workers through the interview process. Kelly settled last month for $2.75 million.

In another California case, Gore v. AB/TI, et al., filed in August 2010, current and former temporary employees of temporary staffing firms including AB/TI Inc. seek unpaid wages and penalties for their time spent interviewing with clients.

Also covered in this month’s Legs & Regs Advisor:

  • California court: misclassification action can’t be decided in arbitration
  • IRS introduces settlement program for misclassified workers
  • California enacts independent contractor misclassification law

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