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Staffing and Independent Workforce

Businesses in virtually every sector of the economy must be forward-thinking and creative in identifying—and implementing—talent management solutions while simultaneously managing the risks inherent in employing freelance and other contingent workers.

Overview

Technological advances continue to present limitless opportunities for “gig” workers and businesses alike. Employers now face unique compliance challenges in determining how to optimally manage legal issues for non-traditional workers, including wage and hour, tax, benefits, privacy, and labor.  In this highly-competitive environment, businesses must be savvy to structure working relationships to attract sought-after talent and avoid regulatory pitfalls and costly litigation. 

Our clients include consumers and providers of freelance and project-based workers, and temporary staffing and professional employer organizations. We provide targeted legal advice based on our deep understanding of unique industry issues.  As part of our mission to provide the most up-to-date legal and business guidance, we are actively involved in key industry groups such as the National Association of Professional Employer Organizations (NAPEO), American Staffing Association (ASA), National Independent Staffing Association, as well as various state and local industry staffing associations.

Some of the services we provide for temporary staffing, professional employer organizations, independent contractors, freelancers, gig workers, and direct placement and recruiting agencies include:

  • Strategic workforce design;
  • Draft and review contracts, and prepare model agreements;
  • Litigate and advise on a wide-range of workplace disputes, including those involving joint employer status, wage and hour, and EEO law; 
  • Nationwide review of classification issues and other wage and hour and compensation matters; 
  • Prepare employee handbooks for corporate staff and field employees;
  • Advice regarding background checks, substance abuse testing, and other pre-employment issues;
  • Defend class action Fair Credit Reporting Act claims;
  • Immigration compliance and strategic transfers; 
  • Advice on the entire range of workplace safety issues and defend OSHA investigations; 
  • Plan design for pension, profit sharing, 401(k), and other types of retirement, compensation, and welfare benefit plans; 
  • Unemployment insurance and workers’ compensation issues; 
  • Counsel and defend restrictive covenants, unfair competition claims, and other employment-related business torts; 
  • Guidance on federal, state, and local disability and leave issues; 
  • Advise on privacy and data security concerns; 
  • Data breach response and mitigation; and,
  • Full complement of labor relations advice, including on union organizing and joint employer issues.

The Team

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September 24, 2018

Time Spent in Security Screening Compensable under Laws of Nevada and Arizona, Federal Court Rules

September 24, 2018

The laws of Nevada and Arizona require employers to pay their workers for time spent going through security screenings at the end of their shifts, the federal appeals court in Cincinnati has ruled. Busk et al. v. Integrity Staffing Solutions et al., Nos. 17-5784 and 17-5785 (6th Cir. Sept. 19, 2018). While the U.S. Supreme Court held... Read More

September 24, 2018

Supreme Court Preview: 2018-2019 Term

September 24, 2018

The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Age Discrimination in Employment Act On the first day of the term, October 1, 2018, the Court will hear... Read More

September 20, 2018

New Jersey Department of Labor Releases Proposed Paid Sick Leave Regulations

September 20, 2018

Proposed regulations on the New Jersey Paid Sick Leave Act (NJPSLA) were released by the New Jersey Department of Labor and Workforce Development (NJDOL) on September 18, 2018. The NJPSLA will go into effect on October 29, 2018. The proposed Regulations address some questions created by the Act, but leave others unanswered. Written... Read More

Showing 1-3 of 56