Contingent Workforce: Suppliers of Contingent Workers

Overview

Our Contingent Workforce team represents suppliers of contingent labor, not just the companies that use those workers. Our clients include suppliers of temporary W-2 workers (staffing agency model), gig workers and independent contractors; providers of consulting services and outsourced services; and businesses that offer other contingent and nonemployee workers and services. We understand both sides of the issues, which provides an advantage when negotiating terms and anticipating potential disputes.

Exceptional legal advice is critical to the success of businesses that provide and facilitate the use of contingent workers, independent contractors, outsourced services, temporary staff, joint employees and other types of nonemployee labor.

In a challenging labor landscape, our team sweats the details so clients can focus on long-term results. We manage the regulatory maze, help mitigate risk and provide a robust defense against claims and audits. With the full-spectrum service of a national firm, our attorneys also guide transactions and optimize tax strategies, enabling our clients to build a solid foundation for growth.

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Our capabilities
  • Represent staffing firms, investors, venture capitalists, private equity firms and private investors in stock deals, asset purchases, debt financing and other types of transactions.
  • Represent staffing firms, payrolling providers, independent contractor compliance/agent of record providers and other suppliers in joint ventures and teaming arrangements.
  • Counsel suppliers and agent of record companies on the creation, restructuring and/or updating of their independent contractor compliance, engagement and management programs.
  • Advise on corporate and tax structures to maximize value and reduce tax burdens associated with multiple brands under one corporate umbrella.
  • Negotiate contracts with a broad range of buyers and prime contractors, including midsize companies, startups seeking specialized IT labor, enterprise clients, multinationals and prime government contractors.
  • Counsel staffing companies, payroll companies, agent of record and independent contractor compliance companies, statement of work labor/project work providers, recruitment process outsourcing companies, and permanent placement companies on labor and employment laws.
  • Counsel minority business enterprises on all facets of their staffing or other types of contingent labor supply business.
  • Counsel clients on responding to RFXs, including requests for proposal (RFPs), requests for information, requests for quote and requests for bid.
  • Counsel clients on compliance with the Federal Acquisition Register and federal government contracts.
  • Provide outsourced general counsel services.
  • Provide benefits counsel (employee benefits for corporate employees and temporary labor plan structure).
  • Provide advice regarding immigration law and best practices to secure the right to work and provide temporary labor services to companies in the United States.

Select Experience

  • Designed custom-built agent of record and independent contractor compliance programs for nationwide service providers.
  • Counseled clients on the acquisition of staffing firm assets, including customer contracts with and without a managed service provider or vendor management system involved in the staffing relationship.
  • Negotiated federal government supplier contracts (as a prime and as a subcontractor), in particular with the military but also with other governmental agencies and departments.
  • Created a parent-subsidiary corporate structure for domestic and foreign staffing and alternative workforce providers to maximize tax savings, enhance branding and mitigate compliance/legal exposure.

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Professionals

Name Title Office Email
Partner Washington, D.C.
Partner Cleveland
Partner Cleveland
Of Counsel Los Angeles
Partner Orlando
Partner Los Angeles
Counsel New York
Partner Washington, D.C.
Partner Columbus
Partner Cleveland
Partner Philadelphia
Counsel Orlando
Counsel Orlando
Partner Cleveland
Partner Atlanta
Partner Cleveland
Partner New York
Partner Cleveland
Partner Los Angeles
Partner Los Angeles
Partner New York
Partner Atlanta

Experience

  • Designed custom-built agent of record and independent contractor compliance programs for nationwide service providers.
  • Counseled clients on the acquisition of staffing firm assets, including customer contracts with and without a managed service provider or vendor management system involved in the staffing relationship.
  • Negotiated federal government supplier contracts (as a prime and as a subcontractor), in particular with the military but also with other governmental agencies and departments.
  • Created a parent-subsidiary corporate structure for domestic and foreign staffing and alternative workforce providers to maximize tax savings, enhance branding and mitigate compliance/legal exposure.
  • Provided substantive assistance in responding to enterprise RFPs and performing in-person compliance presentations on behalf of clients.
  • Advised clients with respect to compliance with the Affordable Care Act, state healthcare laws and other employee benefits in the context of multiparty arrangements.
  • Enabled a public company to assemble and safely contract with a fleet of independent operators, as self-employed entrepreneurs, with access to a free-standing, tax-qualified plan program and a fully insured group health insurance plan.
  • Redrafted and modified employee benefit plans to protect them from exposure to claims by nonemployee workers that they are entitled to participate in employer-sponsored plans.
  • Defended a full range of audits, from tax to compliance audits and including the Department of Labor, the Internal Revenue Service and many different types of state agencies.
  • Negotiated co-employment settlements and defended suppliers against indemnification claims for on-site claims involving end clients.

Key Contacts

Blog

In The Blogs

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Employment Law Spotlight
California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control
By Eric W. Witt
November 8, 2019
In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of a contracting employer under the California Fair Employment and...
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Employment Class Action Blog
California Court of Appeal Applies Dynamex Retroactively
By Joseph S. Persoff
October 14, 2019
This week, a California Court of Appeal concluded in a class action case that the California Supreme Court’s Dynamex decision applies retroactively. In another case, Vazquez v. Jan-Pro Franchising International, the Ninth Circuit Court of...
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Employment Class Action Blog
Third Circuit Affirms $4.5 Million Verdict in Favor of Exotic Dancers
By Gregory V. Mersol
September 18, 2019
A significant amount of wage and hour class/collective jurisprudence has developed around the issue of whether exotic dancers are employees or independent contractors. We’ve blogged many of these issues in the past [June 6, 2019, August...
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Employment Class Action Blog
District Court Decertifies FLSA Collective Action With Independent Contractor Issues
By Gregory V. Mersol
August 9, 2019
We’ve commented many times before that relatively few collective actions survive the “second stage” motion to decertify or, relatedly, an unofficial “third stage” when the trial court actually considers how the matter will be managed at...
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Employment Class Action Blog
New Prime Decision Adds Uncertainty to Arbitration in the Transportation Industry
By John B. Lewis
January 17, 2019
The U.S. Supreme Court’s decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers...
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