Staffing & Outsourcing

The staffing sector, a key pillar of the global marketplace, offers significant support and flexibility to employers, whether it's through temporary and contract staffing, search and permanent placement services, or outsourcing. For many years, Mintz Levin has represented staffing and outsourcing companies of all types, including IT, health care, technical, executive search, financial, and commercial staffing.

We know your business and we have a proven track record as a trusted advisor to staffing and outsourcing companies throughout the country. Our attorneys assist our clients in navigating the business issues that require legal solutions — from complying with the Affordable Care Act (ACA) to responding to employment issues, or assisting with vendor service agreements and mergers and acquisitions.

Our multidisciplinary team of attorneys has the insight and know-how to successfully represent clients in all areas of their business, including employment, labor, and benefits; corporate and financing transactions; privacy and data security; litigation; and immigration issues.

Our clients include project owners, investors, developers, financiers, contractors, project managers, engineers, commercial tenants, and materials suppliers. We have worked every angle in the industry and our footprints are all over a wide range of projects.

Quick Facts

  • Cross-disciplinary legal team of seasoned attorneys, former regulators, and staffing industry specialists supplemented by attorneys from our Corporate & Securities; Employment, Labor & Benefits; Privacy & Security; Immigration; and Litigation Practices
  • Represent various regional, national, and global staffing and outsourcing clients in compliance with the Affordable Care Act
  • Practice Leader of Employee Benefits & Executive Compensation Practice named to Staffing 100 by Staffing Industry Analysts
  • Team members recognized for excellence by Chambers USA and Best Lawyers in America

Affordable Care Act
When it comes to the Affordable Care Act, we are the clear leader. In 2006, we were retained by Governor Romney's administration as its outside counsel for the then-historic Massachusetts health care reform law. We, along with the Heritage Foundation and MIT economist Jon Gruber, advised Gov. Romney and his Secretary of Health and Human Services on every aspect of the administration's bill. The head of our Employee Benefits & Executive Compensation Practice subsequently testified before the Senate Finance Committee in connection with the legislation that ultimately became the ACA. We have served as the go-to source on ACA compliance for the American Staffing Association and have worked closely with it on advising its members on ACA compliance.

Our job is to help your business achieve its goals. We have represented national and international staffing and outsourcing companies alike in all aspects of their corporate life cycles, from inception to exit and everything in between.

Employment, Labor & Benefits
We are a source management and HR officials can turn to for advice on the full range of employment issues, including policies, workplace issues, employment agreements, employee mobility, compensation and benefits plans, employee disputes, and compliance with federal and state regulations.

Our immigration attorneys can guide you through securing work visas to bring employees to the United States or help you secure a US visa for yourself as an accomplished individual or investor. Our Immigration Practice is known for tenaciously representing companies and accomplished individuals in routine and extraordinary US immigration matters.

Lawsuits and investigations can have a significant impact on the bottom line and your reputation in the marketplace. The litigation team at Mintz Levin is there to help you manage these risks before they occur, but in the event they do, we work with you to find the best solution for your business. We have successfully represented clients in matters including breach of contract disputes, supply chain disputes, class action lawsuits, employment disputes, and Foreign Corrupt Practice Act compliance investigations.

Privacy & Security
Data privacy and security issues have become an everyday business problem in the staffing and outsourcing industry. We can counsel you regarding the requirements of privacy and security laws, including HIPAA, HITECH, the Communications Act, the Gramm-Leach-Bliley Act, the EU Data Directive, state privacy laws, state data breach laws, and privacy-related common law. In addition to assisting you with the implementation of mandated policies under federal, state, and local privacy laws, we can manage the disclosure of any data breaches and losses of protected health information as well as defend you in civil or criminal enforcement actions.

Representative Matters

  • Defended Aegis Defense Services in a class action brought on behalf of a putative class of several hundred employees working as security guards and in related positions at the US Embassy in Kabul, Afghanistan.
  • Represented US Legal Support, Inc. in a roll-up transaction as the company was involved in a dispute with the prior owner of the temporary attorney placement arm.
  • Represented Temps & Co. in its sale to Randstad Holding.
  • Represented one of the largest providers of hospital-based clinical outsourcing in its acquisition of regional emergency medicine and hospital medicine management services.
  • Serve as outside benefits counsel to Adecco USA for all US retirement, welfare, and executive compensation plans.
  • Represented Adecco USA in a hybrid collective action and class action alleging failure to pay overtime and training time to temporary drivers provided to FedEx Ground. The plaintiffs brought their claims under the FLSA and the wage and hour laws of multiple states.
  • Assisted the internal staffing business unit of a leading financial services provider with professional services agreements and vendor services agreements with universities and vendors.
  • Represented Compliance, Inc., a large legal staffing company, in a litigation against another staffing company based on breach of noncompetes.
  • Serve as general outside employment counsel for a number of staffing firms, including Adecco USA, AYS Staffing, Infinity Consulting Solutions, KBACE Technologies, and Marchon Partners.
  • Serve as outside benefits counsel for the American Staffing Association (ASA) relating to benefits and employment matters, and in connection with the impact of the Affordable Care Act on ASA members.
  • Serve as counsel for AYS Staffing in connection with a putative class action pending in the Supreme Court for the State of New York, County of Suffolk, for alleged violations of the New York Tip Statute. The class action is based on a claim that the defendants illegally withheld tips from a class of service employees.

Representative Matters

  • Adecco USA
  • Aegis Defense Services, LLC
  • Affiliated Staffing Group
  • American Staffing Association
  • AYS Staffing
  • Bartlett Nuclear, Inc.
  • Coworx Staffing Services
  • Management Analysis and Utilization (MAU) Workforce Solutions
  • NTT Data, Inc.
  • PrideStaff, LLC
  • Robert Half International