Independent Contractor Misclassification Litigation: Strategies for Defending, Settling, and Minimizing Claims
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, April 10, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide employment counsel in defending and negotiating settlements of independent contractor misclassification claims. The panel will discuss the latest trends in individual, collective, and class action worker misclassification lawsuits and best practices to help businesses minimize risk and withstand litigation.
Mr. Langhammer has over 35 years’ experience representing clients in all aspects of employment law and related litigation, including wage and hour class actions, Private Attorneys General Act (PAGA) claims, Fair Credit Reporting Act (FCRA) claims, and suits involving wrongful termination, discrimination, harassment, and retaliation, breach of contract and unfair business practices, and misappropriation of company trade secrets and proprietary information. He also counsels clients on a wide range of employment law matters, conducts wage and hour compliance audits and reviews, drafts employment policies and procedures, and provides human resources training. Ed represents corporate and business organizations, as well as nonprofit and charitable entities.
Mr. McKinley advises corporate clients and individuals in all aspects of complex employment litigation. His practice focuses primarily on the defense of class and collective actions, particularly disputes pertaining to alleged wage-and-hour violations and discriminatory practices. A number of these class and collective actions concern issues that arise out of gig economy work and alleged joint employment relationships. Mr. McKinley also conducts audits of company’s classifications of employees under the FLSA, and provides other employment-related advice, including with respect to non-competes, contracts, and policies.
Mr. Domanick practices exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies. He has successfully prepared position statements, pleadings, motions, and memoranda of law related to employment law issues such as employment discrimination, harassment, and retaliation. Mr. Domanick also has advised clients on compliance with various state and federal laws, including Title VII, Fair Labor Standards Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, he routinely conducts workplace training for management and employees regarding legal compliance issues and has worked closely with clients through all phases of litigation.
In recent years independent contractor misclassification lawsuits have surged against companies of all sizes and industries. The laws governing whether a worker should be classified as an employee or independent contractor are riddled with grey areas, potentially exposing employers to costly litigation, including liquidated damages.
With the DOL, NLRB, IRS, and state regulatory bodies continuing to closely scrutinize the independent contractor model individual, collective, and class action misclassification lawsuits will only continue to climb. Indeed, the DOL's new FLSA independent contractor rule is reflective of increased attention to, and hostility towards, independent contractor arrangements.
In light of the growing litigation in this area, employment counsel must develop effective strategies to defend against these lawsuits, minimize potential exposure, and develop cost-effective resolution strategies. Further, employment counsel must guide employers in establishing, modifying, and critically evaluating independent contractor models and outside staffing arrangements in a way that mitigates litigation risk against a constantly shifting legal backdrop.
Listen as our panel of employment law attorneys reviews current litigation trends in independent contractor misclassification cases, provides effective strategies for defending claims and reaching settlements, and explains best practices for establishing and maintaining independent contractor models.
- Independent contractor misclassification litigation trends
- Notable judgments and settlements
- Recent case law
- Common recoveries by plaintiffs: overtime pay; loss of retirement contributions, insurance, or stock options; punitive damages; attorney fees
- Litigation and settlement strategies
- Individual, collective, or class action?
- Class certification strategies
- Multidistrict litigation considerations
- Attorney fee awards
- Best practices to limit liability and minimize future claims
- Audit contractor and employee job descriptions, job duties, and functions
- Reclassify contractors as employees going forward?
- Restructure contractor relationships to reduce or eliminate employer control
- Compensate misclassified employees for past liability?
The panel will review these and other key issues:
- What are the bases for independent contractor individual, collective, and class action misclassification lawsuits? And what is the likely impact of recent rulemaking on independent contractor status under the FLSA?
- What strategies have proven effective for counsel defending against worker misclassification lawsuits, both from merits and settlement perspectives?
- What should businesses be doing to minimize risk, in light of the evolving regulatory and enforcement landscape on independent contractor issues?
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