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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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Archived

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Sexual Harassment Prevention for Staffing Companies

June 4, 2019 - 1:00 PM to 2:00 PM EST
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Archived

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ICE at Your Doorstep: The Rise in Worksite Raids and I-9 Audits

October 11, 2018 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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June 19, 2019

Time for a Checkup on Independent Workforce Arrangements

June 19, 2019

The legal rules applicable to the “gig” economy continue to evolve. In the past year, there have been significant legal developments and trends that create both new risks and new opportunities. Companies that use independent workforce arrangements need to keep up. This article highlights some of these legal developments and trends.... Read More

June 14, 2019

Tennessee Adopts 20-Factor Test in Independent Contractor Analysis

June 14, 2019

Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective January 1, 2020. Current Standard Under the current standard, courts consider multiple factors when evaluating... Read More

May 2, 2019

Gig Economy Virtual Marketplace Company Gets FLSA Nod in DOL Opinion Letter

May 2, 2019

 The Department of Labor’s (DOL) Opinion Letter FLSA2019-6 issued April 29, 2019, was welcomed by virtual marketplace companies (VMCs) in particular, as well as traditional businesses that treat freelancers as independent contractors. At a minimum, this letter gives the business community insight on how the DOL regards the VMC... Read More

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