Contingent Workforce: Gig Economy Platforms

Overview

We help clients manage the evolving connections among temporary workers, suppliers of that labor and the technology that facilitates the delivery of services or products to the consumer. Our team includes lawyers with leading-edge experience in the contingent labor industry, and we use that experience to protect our clients’ interests. We draft and negotiate complex deals, keep our eye on compliance matters, guide our clients by applying industry-specific knowledge, and anticipate and mitigate risk.

Our capabilities
  • Negotiate and draft vendor management system (VMS) and freelancer management system contracts, including contractual arrangements with buyers, managed service providers (MSPs), staffing suppliers, and other suppliers that access and use the VMS.
  • Design legal and compliance strategy for gig economy platforms to comply with applicable laws and mitigate multiple layers of risk.
  • Counsel clients on responding to RFXs, including requests for proposal, requests for information, requests for quote and requests for bid.
  • Structure contractual arrangements between multiple parties for purposes of engaging, purchasing and/or supplying temporary or on-demand labor into a gig technology platform that connects and facilitates human capital transactions.
  • Draft and negotiate complex technology-based licensing agreements and master service agreements (MSAs).
  • Advise on optimal multiparty structural legal arrangements.
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We service multiple industries, including:
  • Consumer goods.
  • Government.
  • E-commerce.
  • Healthcare.
  • Hospitality.
  • Industrial and manufacturing.
  • Insurance.
  • Retailers (brick and mortar and online).
  • Technology/security.
Our job sector experience includes:
  • Administrative services.
  • Call centers.
  • Engineering.
  • Information technology.
  • Light industrial.
  • Medical.
  • Technological development.
  • White collar and professional services.
  • Warehouse.
Our clients include:
  • Enterprise clients.
  • Gig economy platforms.
  • MSPs.
  • Spend management technology providers.
  • Staffing companies.
  • Technology companies.
  • VMS technology companies.

We also have significant experience assisting minority business enterprises, including those operating in the technology space.

Select Experience

  • Advised a Fortune 500 enterprise client engaged in the business of connecting consumers with independent home repair technicians for appliances (including on-warranty and off-warranty appliances) over a proprietary technology platform.
  • Advised a gig platform company engaged in connecting skilled and unskilled laborers to on-demand jobs across the United States.
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Experience

  • Advised a Fortune 500 enterprise client engaged in the business of connecting consumers with independent home repair technicians for appliances (including on-warranty and off-warranty appliances) over a proprietary technology platform.
  • Advised a gig platform company engaged in connecting skilled and unskilled laborers to on-demand jobs across the United States.
  • Advised a gig platform company engaged in connecting low-skilled laborers to on-demand, short-term warehouse and other labor-intensive jobs.
  • Advised a company engaged in the business of connecting IT and other skilled temporary labor with enterprise and middle-market buyers over a proprietary technology platform.
  • Negotiated VMS master service and technology agreements for large and small buyers, including enterprise companies.
  • Negotiated technology statements of work for outsourced and managed services.
  • Negotiated cloud-based staffing provider MSAs.
  • We actively monitor the impact of the gig economy on benefit programs and assist employers in navigating this emerging environment.
  • Defended a rideshare company in an enforcement action brought by the California Attorney General and the San Francisco, Los Angeles and San Diego City Attorneys, alleging the company has misclassified workers as independent contractors.
  • Defended a delivery network company in an enforcement action brought by the San Francisco District Attorney, alleging the company has misclassified workers as independent contractors.

Publications

Key Contacts

Blog

In The Blogs

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Employment Law Spotlight
Back to the Future: USCIS Resumes Expedited Processing of H-4 and L-2 Applications When Filed Concurrently with an H-1B or L-1 Petition
By John A. Foerster, David M. Serwer
January 26, 2023
In a settlement, United States Citizenship and Immigration Services (USCIS) has agreed to return to processing dependent H-4 and L-2 applications at the same time as the H-1B or L-1 petition when filed concurrently. This settlement has...
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Employment Law Spotlight
Giving Birth to Federalized Pregnancy Accommodation Standards: Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act
By Delores V. Chichi, Amanda Van Hoose Garofalo
January 25, 2023
Modeled after the Americans with Disabilities Act (ADA) and enforced by the Equal Employment Opportunities Commission (EEOC), the Pregnant Workers Fairness Act (PWFA) was passed with bipartisan congressional support as a component of the...
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Employment Class Action Blog
A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues
By John B. Lewis
January 23, 2023
Two DoorDash delivery drivers filed a class action against the company and two of its employees alleging violations of federal and state wage and hour laws. After removal of the case to the Southern District of New York, the defendants...
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Employment Law Spotlight
Breaking News? DOL Rescinds Independent Contractor Rule That Never Took Effect
By Todd H. Lebowitz
May 6, 2021
Remember when TV news was on at 6 p.m. and 11 p.m. and that was it? Every once in a while, there would be a Breaking News! alert, and it was always something really important. They wouldn’t interrupt Diff’rent Strokes for just anything...
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Employment Law Spotlight
Schrödinger's Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling
By Todd H. Lebowitz
May 3, 2021
Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of quantum physics. Schrödinger’s cat refers to a thought experiment in which...
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