What’s New in Gig-Worker Classifications: Exploring Trends and COVID-19 Implications
The ongoing COVID-19 crisis is highlighting the lack of benefits for gig workers who are now at the forefront of keeping the economy moving. Recognizing the freelancers’ significant role in the face of pandemic, governments, including the US, are now intensifying their efforts to protect gig workers particularly in terms of their classification. Recently, California has enacted Assembly Bill 5 (AB5) which classifies workers as employees unless they “perform work that is outside the usual course of the hiring entity’s business.”
As the pandemic continues, further adjustments to the gig economy regulations are expected. Employers need to be on top of every development to ensure compliance.
In this LIVE Webcast, employment attorney Josh C. Harrison (Ogletree Deakins) and senior economist Cary Elliott (Resolution Economics Group, LLC) will provide an in-depth discussion of the recent enforcement trends and regulatory updates in gig workers’ classification. Speakers will also present the crucial compliance issues which businesses face amidst the COVID-19 pandemic and will offer the best practices to navigate them.
Some of the major topics that will be covered in this course are:
- Gig-Worker Classification – Regulators vs Companies
- COVID-19 Implications on the Gig-Economy
- Recent Regulatory Developments
- Critical Issues and Challenges
- Best Practices
Cary Elliott, Director
Resolution Economics Group, LLC
- The somewhat nebulous notion of a gig worker will come to define work more and more in the future as technology continues to shape the economy.
- Gig workers were hit hard in the Covid-19 shutdown, facing low demand, little job loss protection, and high exposure risk.
- The Covid-19 pandemic will accelerate issues surrounding the gig economy, including the evolving role of government regulation and the ethical and legal obligations of employers.
- Public policy concerns will continue to put pressure on the extension of traditional worker rights and protections to independent contractors and gig workers.
Josh C. Harrison, Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Although the Pandemic Unemployment Assistance Program was expanded to cover independent contractors, it remains uncertain whether states will treat gig workers as employees or ICs for purposes of unemployment compensation.
- How company provided leave programs and providing PPE for gig workers may materially impact their classification as independent contractors?
- Changes to consider in independent contractor agreements resulting from COVID-19.
Who Should Attend:
- Labor and Employment Lawyers
- Human Resource Managers
- Human Resource Executives
- Gig-Economy Companies
Josh represents and counsels businesses on employment law matters, including developing plans and strategies to tackle challenging circumstances, such as harassment investigations, workplace injuries or fatalities, business model challenges by independent contractors, and managing crises, such as the COVID-19 pandemic. In addition to daily advice and counsel, a significant portion of Josh’s practice includes defending clients against class and collective litigation or arbitration in multiple jurisdictions across the country. Many of these cases involve claims of independent contractor misclassification. Josh’s clients include companies with multi-state and international operations in a wide range of industries, including technology, construction, retail, distribution, higher education, manufacturing, and banking.
Josh has utilized his experience to build the Ogletree Deakins Model for Alabama Employers, a series of employment law compliance programs for growing and small businesses. These programs address employee handbooks and policies, wage and hour compliance, restrictive covenants (i.e., non-competition, non-solicitation, and confidentiality agreements), compliance plans for anticipated headcount and geographic growth, and independent contractor labor models. Josh delivers the programs on a flat-fee basis to ensure budgetary certainty and predictable pricing.
Josh represents and counsels businesses on employment law matters, including developing plans and strategies to tackle challenging circumstances, such as …
Cary Elliott, is a Director at Resolution Economics LLC, an economics and statistics consulting firm with offices in Los Angeles, Chicago, Washington, D.C. and New York. He holds a Ph.D. in economics from Princeton University. Prior to joining Resolution Economics, Dr. Elliott worked as a senior economist in the executive and legislative branches of the Federal Government; he provided statistical analysis and policy advice to top government executives and members of Congress and their staff. In addition to his years of government service, he has worked as a senior consultant and research manager on various litigation matters.
Dr. Elliott has a wide range of experience applying economic and statistical techniques in public policy and legal matters. He has worked as a consultant and supported expert testimony in labor and employment cases, major antitrust cases, asbestos liability claims matters, and in multidistrict litigation alleging fraud in pharmaceutical pricing. Throughout his career, Dr. Elliott has specialized in answering specific and non-routine empirical questions that arise in the context of complex litigation and public policy. His experience includes analyzing large public access government databases, and constructing analytical datasets from disparate sources within private firms including payroll data and other financial data. Dr. Elliott is experienced in analyzing potential liability and calculating damages in a wide variety of employment matters, including wrongful termination, compensation, hiring, promotions, and FLSA wage and hour claims.
Cary Elliott, is a Director at Resolution Economics LLC, an economics and statistics consulting firm with offices in Los Angeles, …
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Method of Presentation:
General Knowledge of labor and employment law
NY Category of CLE Credit:
Law Practice Management
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About Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. U.S. News – Best Lawyers® “Best Law Firms” has named Ogletree Deakins a “Law Firm of the Year” for nine consecutive years. In 2020, the publication named Ogletree Deakins its “Law Firm of the Year” in the Labor Law - Management and Litigation - ERISA categories. Ogletree Deakins has more than 900 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a diverse range of clients, from small businesses to Fortune 50 companies. www.ogletree.com
About Resolution Economics Group, LLC
Resolution Economics provides sophisticated economic, statistical and financial analyses, forensic investigations, forensic technology, dispute advisory, expert testimony, and specialized technology and analytic solutions to leading law firms, Fortune 500 companies, and government agencies.
The firm has provided expert testimony in class-action, multi-plaintiff and single plaintiff employment matters alleging discrimination in employment practices on the basis of age, race, gender, national origin, and ethnicity. The experts at Resolution Economics have managed complex, high profile litigation and compliance matters, many of which were national in scope. The Labor and Employment team is one of the most experienced in the nation at analyzing class certification and merits issues in class-action discrimination disputes, and are experienced in handling complex wage and hour matters as well. The firm also provides assistance in information management, statistical sampling, and statistical analysis, as well as data collection, surveys, and observation studies.