The Gig Economy is Here to Stay: Minimizing Wage and Hour Liability and Litigation Risks for Your Firm
The concept of the on-demand workforce or gig economy is not a novel concept, but the ubiquity of smartphones and mobile applications has driven this rapidly evolving trend. Estimates vary, but one survey says that more than 50 millions of American workers entered the gig economy workforce in 2015 and it is more likely to boost in the next few years to come.
On this type of workforce, workers operate as independent contractors wherein they enjoy the freedom of working on their own schedule but are not provided with the same benefits similar to that of a traditional employee. In return, companies that use this platform draw savings by reducing employee-related expenses such as payroll taxes and employment benefits.
However, along with the upsurge of gig economy comes the rise of lawsuits filed against companies by workers alleging violations of federal and state labor laws. The question whether gig workers fall in the classification of employees or independent contractors often arise, but courts litigating related cases have varying opinions that make the gig economy even more confusing. Companies should take this and other issues on gig economy into heedful account to avoid unnecessary future lawsuits.
In a two-hour LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues on gig economy specifically on wage and hour liability and litigation risks. Speakers will identify potential liability issues and provide strategies to avoid and minimize liability and potential claims.
Key issues that will be covered in this course are:
- The Pros and Cons of Gig Economy
- Identifying "Employees" and "Independent Contractors"
- DOL Actions on Gig Economy-related Issues
- Recent Litigations Against On-Demand Companies
- Best Practices to Avoid Liability Issues and Potential Claims
Richard S. Rosenberg, Partner
Ballard Rosenberg Golper & Savitt, LLP
- What is "gig economy"
- Examples of industries where business model used
- Independent contractor factors
- Dynamex: which test applies
- Ways issue comes up (lawsuits, wage claims, audits, IRS, EDD, workers' comp, union organizing)
- Agency enforcement on the rise: DOL; information sharing between agencies, penalties for misclassification
- risks and rewards of classifying workers as independent contractors
Christopher M. Ahearn, Of Counsel
Fisher & Phillips
- Litigation trends
- Uber MSJ ruling
- Uber settlement and implications for other companies
- Effect of arbitration and class action waivers
- Possible legislative solutions
Jeffrey P. Fuchsman, Partner
Ballard Rosenberg Golper & Savitt, LLP
- Common wage and hour issues that may arise
- Class actions and PAGA suits
- Compensable work hours (on call, emails, texts)
- Meal and rest breaks
- tips, service charges
- Piece rate
- Expense reimbursement (auto, cell phone, computers)
- Joint employer issues
- Record keeping
Elizabeth Arnold, Director
Berkeley Research Group
- Ways employers can analyze if workers are correctly classified as independent contractors
- Prevention and litigation
- Observational studies
- Use results to develop best practices
- Modify duties and processes to minimize risk
- Use in litigation (class certification, merits)
Who Should Attend:
- Employment Law Attorneys
- In-House Counsel
- Employee Relations Professionals
- Employment Law Advisors
- HR Personnel
- Payroll and Benefits Administrators
- C-level Executives and Board Members
- Private Companies
- Other related and interested Professionals
Chris is Of Counsel in the firm's Irvine office. He has represented employers in litigation matters for nearly all of his legal career. He has represented employers in matters before state and federal courts in California, in arbitration, and before the Division of Labor Standards enforcement, the Equal Opportunity Employment Commission, the California Department of Fair Employment and Housing, and the Employment Development Department. Chris has significant experience in complex multi-party and class action claims, and his cases have included high-profile matters with substantial media coverage. Chris has also represented employers in numerous claims brought under the California Labor Code Private Attorneys General Act of 2004 (PAGA).
Chris’s practice also focuses on shielding employers from liability by providing advice and counsel in multiple areas of California employment law, including California wage and hour matters, discipline and termination, and employment policies and procedures.
Chris is Of Counsel in the firm's Irvine office. He has represented employers in litigation matters for nearly all of …
Richard began his career as a workplace lawyer in 1977 after obtaining degrees from Cornell University’s School of Industrial & Labor Relations and the Santa Clara University law school. Richard has spent his entire career assisting management defend and risk manage workplace related legal matters and proposed personnel transactions. His experience in the trenches enables Richard to provide management with a clear-eyed assessment and strategic options. Richard’s style is one which motivates his clients and adversaries to work cooperatively to find creative solutions to the toughest workplace challenges. His reputation as a formidable opponent and labor law strategist who is both fair and trustworthy has resulted in peers naming him to the list of Southern California Super Lawyers every year since the inception of that honor and a listing in Best Lawyers in America since 2009. Recognized as one of the state’s leading experts of workplace law, with a special emphasis on wage-hour law, Richard has lectured extensively for bar associations, trade organizations and management groups throughout the United States to thousands of lawyers, human resources professionals, business executives and management personnel. Richard has also published over 75 articles and legal commentaries in numerous trade publications and legal journals and is the creator and principal author of the firm’s widely read e-bulletin Compliance Matters. Richard is a recognized expert in wage hour law, having co-authored the chapter on wage-hour law in the widely read treatise Advising California Employers (CEB) and the chapters on the Payment of Wages and Overtime, in the treatise California Wage and Hour Law: Compliance and Litigation (CEB)
Richard began his career as a workplace lawyer in 1977 after obtaining degrees from Cornell University’s School of Industrial & …
Jeffrey has been practicing labor and employment law since 1982. He joined Ballard Rosenberg in 1988 and he heads up the firm’s wage-hour practice. Jeffrey also represents employers in a wide range of labor and employment matters, and related litigation, including individual and class action wage and hour lawsuits, wrongful termination, discrimination, and sexual harassment cases. In addition to his litigation practice, Jeff counsels companies on day-to-day employment law issues, including wage and hour, family and medical leave, drug testing, investigations, employee discipline, and terminations. He has also lectured and authored articles on various labor and employment law topics, including mandatory arbitration, wage and hour compliance, punitive damages, social networking, and discrimination. As a litigator, he regularly appears in state and federal courts throughout California, and has argued cases before the California Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit. He was also co-counsel for the employer in a landmark case before the California Supreme Court on constructive discharge, Turner v. Anheuser-Busch, Inc. Jeffrey has particular expertise defending employers in wage and hour class actions. He has represented some of the nation’s leading companies in such matters. Jeff co-authored the chapter on wage-hour law in the widely read treatise Advising California Employers (CEB) and chapters on the Payment of Wages and Overtime, in the treatise California Wage and Hour Law: Compliance and Litigation (CEB).
Jeffrey has been practicing labor and employment law since 1982. He joined Ballard Rosenberg in 1988 and he heads up …
Elizabeth Arnold has 15 years of experience advising clients on issues related to wage and hour compliance. She consults with leading law firms and companies nationwide on state and federal class action wage and hour litigation cases across industries ranging from retail and beverage delivery to meat processing and gaming.
Ms. Arnold consults with clients to develop and implement research methodologies that address complex legal compliance issues, including misclassification (i.e., exempt vs. non‐ exempt employees, independent contractor), donning and doffing, off‐the‐clock work, missed meal and rest breaks, and tip pooling. She utilizes research methodologies that include the use of statistical sampling and large‐scale data collection using interview, questionnaire, and observation techniques.
Ms. Arnold has advised clients on more than 150 cases in the wage and hour area of employment law. Her engagements often include national projects to determine the tasks and responsibilities of employees and to assess whether the work they perform is sufficiently similar to determine their appropriate status on a group basis under the executive, administrative, professional, and/or outside sales exemptions. Clients have used results from her studies at multiple stages of litigation, including mediation, class certification, and merit evaluation.
Elizabeth Arnold has 15 years of experience advising clients on issues related to wage and hour compliance. She consults with …
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About Fisher & Phillips
We are national and local, with attorneys admitted in just about every U.S. jurisdiction. We represent a wide range of public and private employers. Our clients include employers in the agriculture, automotive manufacturing, automobile dealership, banking, broadcasting, casino and gaming, construction, health care, hospitality, insurance, legal and professional services, manufacturing, mining, real estate, retail, technology, transportation, and wholesale and distribution industries, as well as state and local government entities, non-profit organizations, schools, colleges and universities.
About Ballard Rosenberg Golper & Savitt, LLP
For the past 30 years, Ballard Rosenberg Golper & Savitt, LLP has been providing employers throughout the U.S. with labor and employment law advice and representation. The firm engages exclusively in the practice of labor and employment law on behalf of employers and management. We advise our clients on formulating and implementing labor and employee relations policies to achieve desired goals without resort to adversary proceedings. Our objective is to help clients avoid problems, rather than merely react to crises. When the only option is litigation, we have a winning track record before federal and state courts (over 100 jury victories), and the administrative agencies which enforce federal, state and local employment laws. And, we have had the privilege of making very favorable law for our employer clients and the employer community . Our primary office is in Los Angeles, CA, and we have satellite offices in New York, NY, and Charlotte, NC.
About Berkeley Research Group
Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, authoritative studies, expert testimony, investigations, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world.
BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate.
BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.