Businesses Should Update Indemnity Agreements to Protect Against Contractor Lawsuits

In the past decade, many businesses have significantly improved compliance under the Fair Labor Standards Act (“FLSA”) and other employment laws when it comes to their own employees. At the same time, many workers who provide skilled services to those businesses now do so as independent contractors, often based on service agreements between businesses and …read more »

The Return of Entrepreneurial Opportunity as a Hallmark of Independent Contractors

Recently the National Labor Relations Board (“NLRB”) reversed a 2014 NLRB decision that has major implications for distinguishing between independent contractors and employees for National Labor Relations Act purposes.  This question impacts whether particular workers are entitled to the protections of the Act, such as the right to unionize and to engage in other types …read more »

Addressing Co-Employment Risks When Drafting Agreements with Staffing Agencies

Companies use staffing agencies for a variety of important purposes, such as to temporarily replace an employee on leave, obtain specialized expertise for a project, or to outsource a function that the company does not ordinarily perform.  However, recent lawsuits, agency guidance, and agency investigations have highlighted the co-employment risks that exist when an employer …read more »