Contingent Workforce: Suppliers of Contingent Workers

Our Contingent Workforce team represents suppliers of contingent labor, not just the companies that use those workers. Our clients include staffing agencies, providers of consulting and outsourced services, and businesses that connect freelancers with companies seeking project-based assistance. We understand both sides of the issues, which provides an advantage when negotiating terms and anticipating potential disputes.

Successfully defended an energy industry staffing company in a collective action lawsuit alleging that the company’s payment of a day rate violated the Fair Labor Standards Act (FLSA) in a case that challenged the staffing company’s business model.
Secured a summary judgment win for a staffing company in an indemnity action brought by our client alleging the staffing company owed an indemnity related to FLSA claims brought by a worker against the staffing company’s client.
Successfully defended a staffing company in an FLSA collective action related to the staffing company’s payment of per diem.
Filed an amicus brief for a national industry group in a critical joint employment dispute before the National Labor Relations Board.
Defended discrimination and breach of contract claims brought by employees against staffing firms. Represented the staffing firms in their defense of employee claims brought against staffing agencies and their clients, including providing counsel that takes into account the underlying business needs and client relationship issues involved.
Advised staffing firms on various employee confidentiality issues unique to the staffing company model, including issues relating to I-9s, criminal background checks, drug testing, and state and federal employee privacy laws.
Counseled staffing firms on how to reduce liability for discrimination, wage and hour, and Family and Medical Leave Act (FMLA) claims within the staffing company model.
Assisted staffing firms in reorganizations and reductions in force.
Drafted and negotiated staffing agency agreements for suppliers of labor in various capacities, such as employer, managed service provider and contract staffing supplier.
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.
Regularly advise and represent staffing companies in connection with the business and regulatory risks they face when providing employees and nonemployee workers to their customers in order to manage and minimize the Affordable Care Act, the Internal Revenue Code and employee benefit (ERISA) liabilities that such relationships create when a worker’s legal status is unclear or capable of being disputed.
Analyze, provide recommendations for and redraft employee benefit plan eligibility terms to protect plans and sponsors from inadvertent but significant exposure to nonemployee worker claims.
Defended a full range of audits, from tax to compliance, conducted by the Department of Labor, the IRS and many different types of state agencies.
Negotiated co-employment settlements and defended suppliers against indemnification claims for on-site claims involving end clients.
Advised staffing firms on union issues and provided union awareness training.
Defended nationwide collective and class action wage and hour lawsuits against staffing firms.
Counseled staffing firms on compliance with federal export control regulations.