Capabilities / Staffing, Recruiting, and Workforce Solutions
Deep staffing industry experience driving strategic solutions for your business.
At Husch Blackwell, we recognize that the staffing industry operates in a uniquely complex legal environment. Success requires counsel who understand not only the law generally, but the significant nuances that exist in matters involving staffing, recruiting, and workforce solutions companies.
A National Team with Industry Experience
Our attorneys have served as national counsel for some of the largest staffing companies in the country, bringing decades of experience in litigation and risk management nationwide. We work as an extension of our clients’ in-house team to develop strategies that maximize consistency, efficiency, and cost-effectiveness across jurisdictions.
Our team regularly advises and defends staffing companies serving a wide range of industries, including:
- Healthcare
- Information technology and technical services
- Industrial, manufacturing, and production
- Transportation and logistics
- Engineering and skilled trades
- Construction
- Accounting and finance
- Education
- Hospitality
We are familiar with the unique legal challenges and regulatory requirements faced by each sector, enabling us to provide practical, business-focused counsel that addresses the unique risks and opportunities facing our clients.
Strategic Litigation Management
Large staffing companies need more than transactional legal services—they need a strategic partner. Our approach prioritizes the long-term objectives of each client’s business, ensuring legal strategies align with organizational goals and risk tolerance.
Unlike firms that take a case-by-case approach, we partner with our staffing industry clients to develop and implement litigation strategies that create consistency and continuity across the company nationwide, helping our clients achieve their long-term business objectives while efficiently managing risk.
This approach allows us to:
- Identify and address recurring legal issues across jurisdictions.
- Develop and apply unified legal arguments and strategies to maximize consistency and efficiency.
- Leverage data and lessons learned to reduce risk and improve future outcomes.
- Deliver cost savings and predictable results through streamlined case management.
Comprehensive Legal Solutions for Staffing Companies
We represent staffing industry clients in a broad range of matters, including:
Employment Law Compliance
Guidance on compliance with employment laws and regulations, joint employment determinations, indemnification provisions, drug and alcohol testing, substance abuse policies, harassment prevention programs, background checks, and emerging workforce legislation.
Employment Litigation
Defense of employment claims, including discrimination, harassment, retaliation, Family and Medical Leave Act (FMLA), and wage and hour claims.
Administrative Proceedings
Representation in investigations and charges before the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and local Fair Employment Practices Agencies (FEPAs).
Traditional Labor Relations
Counsel on union organizing campaigns, election campaigns, collective bargaining negotiations, unfair labor practice charges, and other labor issues.
Workplace Injury and Property Damage
Defense of injury claims, including complex cases involving issues of joint or co-employment, vicarious liability, employer immunity, co-employee immunity, premises liability, and various negligence theories.
Contractual Disputes
Enforcement and defense of non-compete, non-solicitation, and confidentiality agreements; disputes over insurance and indemnification obligations.
Risk Management
Advice on risk mitigation, contract and policy development, and training to help prevent litigation and regulatory claims.
Antitrust Compliance and Investigations
Counsel on antitrust risks in recruiting and staffing arrangements, including no-poach and wage coordination issues; defense of federal and state government investigations, grand jury proceedings, and antitrust litigation.
Data Privacy and Artificial Intelligence
General Data Protection Regulation (GDPR) and state privacy law compliance; development of candidate and employee privacy policies, consent management systems, and data processing agreements; guidance on biometric data collection (BIPA), background check compliance (FCRA), AI and automated decision-making tools; data breach response and vendor risk management.
Recruiting Communications and TCPA
Telephone Consumer Protection Act of 1991 (TCPA) compliance counsel for text messaging, chatbots, and automated recruiting platforms; vendor vetting and litigation risk assessment; drafting compliant consent and opt-in language; strategic guidance to minimize TCPA class action exposure.
Government Contracting and Bid Protests
Bid protests before the Government Accountability Office (GAO), Court of Federal Claims, and state procurement authorities; challenge of flawed evaluations, scoring disparities, and procurement violations; debriefing strategy; compliance with Federal Acquisition Regulation (FAR), Service Contract Act, and agency-specific requirements for federal, state, and local government staffing contracts.
Healthcare Staffing Regulatory Strategy and Compliance
Proactive monitoring and analysis of healthcare staffing laws and proposed legislation across all 50 states; comprehensive research on licensing, registration, background check, and credentialing requirements; strategic counsel on emerging regulatory issues including fee caps, telehealth licensure, interstate practice compacts, and workforce legislation; development of compliance strategies to address multi-state operational challenges.