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
A Changing Atmosphere for Navigating COVID-19 in the Workplace
June 8, 2023
Starting on June 1, Florida employers are prohibited from discriminating against an individual based on vaccination status or refusal to take a COVID-19 test or wear a face mask. The stated goal of SB 252, which amends Florida Statute §...
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Employment Law Spotlight
Another Year, Another Dollar. New York State Set To Increase Minimum Wage
June 6, 2023
The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows: Locality Current Minimum Wage...
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Employment Law Spotlight
New York Releases Latest Model Anti-Sexual Harassment Policy and Training
By Fanny A. Ferdman, Amanda Van Hoose Garofalo
April 18, 2023
On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training. Among other things, the...
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Employment Class Action Blog
Coinbase Inc. v. Bielski – Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a Motion To Compel Arbitration Stays the Case
March 24, 2023
The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral argument Mar. 21...
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Employment Law Spotlight
Ten Things That Should Be in Your Staffing Agency Agreements But Probably Aren't
By Todd H. Lebowitz
March 13, 2023
Retaining temporary labor can be convenient for your business, but the retention introduces new legal risks. Under a joint employment theory, your company can be 100% legally liable for errors made by a staffing agency. You could be sued...
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