Independent Contractor Misclassification Litigation: Strategies for Defending, Settling, and Minimizing Claims
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- 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?
Benefits
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?
Faculty
Timothy J. Domanick
Principal
Jackson Lewis
Mr. Domanick practices exclusively in employment law and has been involved in proceedings before federal and state... | Read More
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.
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C. Edward Langhammer, Jr.
Member
Cozen O'Connor
Mr. Langhammer has over 35 years’ experience representing clients in all aspects of employment law and related... | Read More
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.
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Andrew M. McKinley
Partner
Seyfarth Shaw
Mr. McKinley advises corporate clients and individuals in all aspects of complex employment litigation. His practice... | Read More
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.
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