Independent Contractor Misclassification Litigation on the Rise: Strategies for Defending, Settling and Minimizing Claims

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

Conducted on Wednesday, December 7, 2016

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employment counsel for defending and negotiating settlements of litigation alleging employer misclassification of independent contractors. The panel will discuss the latest trends in individual, collective and class action worker misclassification lawsuits and best practices for establishing and maintaining independent contractor models that will help employers minimize or withstand litigation.


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 multiple and punitive damages.

With the IRS, DOL, NLRB and state governments continuing to closely scrutinize the independent contractor model, individual, collective and class action worker misclassification lawsuits will only continue to climb.

In light of the growing litigation in this area, employment counsel must develop effective strategies to defend against these lawsuits. Counsel must also craft effective settlement strategies to minimize the time and expense of litigation. Further, employment counsel must guide employers in establishing independent contractor models that can assist them in withstanding heightened scrutiny and minimize the likelihood of litigation.

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.



  1. Independent contractor misclassification litigation trends
    1. Notable judgments and settlements
    2. Latest case law
    3. Common recoveries by plaintiffs—overtime pay; loss of retirement contributions, insurance or stock options; punitive damages; attorney fees
  2. Litigation and settlement strategies
    1. Individual, collective or class action?
    2. Class certification strategies
    3. Multidistrict litigation considerations
    4. Attorney fee awards
  3. Best practices to limit liability and minimize future claims
    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?


The panel will review these and other key issues:

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


Keselenko, Jonathan
Jonathan A. Keselenko

Foley Hoag

Mr. Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters. He...  |  Read More

Silverberg, Dean
Dean L. Silverberg

Epstein Becker & Green

Mr. Silverberg practices both public and private-sector labor and employment law, and is actively involved in...  |  Read More

Weiner, Douglas
Douglas Weiner

Of Counsel
Lipman & Plesur

Mr. Weiner has 36 years of wage and hour experience, both in prosecution and defense. His experience includes...  |  Read More

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