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Worker Misclassification: Recent Trends in Independent Contractor Lawsuits

Trial and Settlement Strategies for Individual, Collective and Class Action Litigation

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Tuesday, April 27, 2010
Recorded event now available

This CLE webinar will provide employers' counsel with effective strategies for litigating worker misclassification claims and reaching settlements. The panel will explain best practices for establishing and maintaining independent contractor models in a rapidly evolving legal landscape.

Description

Lawsuits alleging improper classification of workers as independent contractors are on the rise, and employers are spending significant time and expense defending them. Litigation will continue as federal and state governments increasingly ramp up scrutiny of the independent contractor model.

Worker misclassification lawsuits—individual, collective and class action—are hitting every industry, including construction, insurance, financial services, grocery and parcel delivery. And, if the plaintiff proves an employer acted intentionally, treble or punitive damages can apply.

The recent surge in worker misclassification litigation requires employers to develop innovative defenses against these suits. Counsel for employers and employees must also craft effective settlement strategies to minimize the time and expense of litigation.

Listen as our panel of employment law attorneys reviews current litigation trends in independent contractor cases, provides effective strategies for litigating claims and reaching settlements, and explains best practices for establishing and maintaining independent contractor models in a rapidly evolving legal landscape.

Outline

Independent contractor litigation trends
1. Lawsuits by disgruntled contractors
2. Recent judgments and settlements
3. Latest case law
4. Common recoveries by plaintiffs—overtime pay; loss of retirement contributions, insurance or stock options; punitive damages; attorney fees
Litigation and settlement strategies
1. Individual, collective or class action?
2. Class certification strategies
3. Multidistrict litigation considerations
4. Attorney fee awards
Best practices to limit liability
1. Audit contractor and employee job descriptions, job duties and functions
2. Reclassify contractors as employees going forward
3. Restructure contractor relationships to reduce or eliminate employer control
4. Compensate misclassified employees for past liability?

Benefits

The panel will review these and other key questions:

What are the bases for the recent wave of independent contractor individual, collective and class action lawsuits—and what defenses are available to employers?
What litigation and settlement strategies have proven effective for counsel pursuing and defending worker misclassification lawsuits?
How can employers establish, defend and maintain independent contractor models amid the increased government and worker scrutiny in this area?

Faculty

Jonathan A. Keselenko, Partner
Foley Hoag, Boston

He is an experienced litigator and counselor who handles all types of labor and employment matters. He has acted as lead counsel for employers in large class action cases, including wage-and-hour-related claims brought on behalf of putative classes and claims under federal employment statutes. He successfully represents employers in jury and bench trials involving employment claims.

Douglas Weiner, Senior Trial Counsel
Epstein Becker & Green, New York

He has 30 years of federal wage and hour litigation experience. Prior to joining the firm, he was Senior Trial Attorney for the New York Regional Solicitor's Office of the U.S. DOL, where he was lead prosecutor on the Northeast Region's most significant and difficult wage and hour and whistleblower retaliation cases, including those pursuant to Sarbanes-Oxley, OSHA and the Fair Labor Standards Act.

Dean L. Silverberg, Shareholder
Epstein Becker & Green, New York

He practices both public and private-sector labor and employment law, and is actively involved in employment and workplace tort litigation, labor arbitration, collective bargaining negotiations, wage and hour audits, and human resource consultation and management. He frequently writes and lectures on a range of employment law topics.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, FL, MO, MT, NM, TX, VT, WA.
Upon request, also available in: CO, CT*, GA, ID, KY, LA, ME, NC, ND, NE, NH, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $148.50
Available 24 hours after the live event