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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.

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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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October 2, 2018

California Restricts Confidentiality Provisions Concerning Information Related to Sexual Harassment

October 2, 2018

California Governor Jerry Brown has signed three bills into law that restrict employers in the securement of non-disclosure, release, and non-disparagement agreements that attempt to limit parties in discussing sexual harassment-related factual information. Senate Bill 820 (SB 820) Settlement agreements that prevent an individual... Read More

October 2, 2018

New York State Issues Final Guidance Regarding Combating Sexual Harassment in the Workplace

October 2, 2018

The State of New York has issued final guidance on combating sexual harassment in the workplace. This includes updated guidance on the mandatory sexual harassment prevention policies and annual employee training applicable to employers in New York beginning October 9, 2018. The updated final guidance and other resources, including a... Read More

October 1, 2018

Claims of Workplace Harassment in California to Receive Greater Protections under New Law

October 1, 2018

Beginning January 1, 2019, new California law creates several new protections for employees bringing harassment claims. Highlights of Senate Bill 1300 (SB 1300) follows: Employer Responsibility for Nonemployees SB 1300 mandates that an employer may be responsible for the acts of nonemployees with respect to any type of... Read More

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