Independent Contractor Misclassification Litigation on the Rise: Strategies for Defending, Settling and Minimizing Claims
Recording of a 90-minute CLE webinar with Q&A
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 litigation trends
- Notable judgments and settlements
- Latest 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 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?
Jonathan A. Keselenko
Mr. Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters. He... | Read More
Mr. Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters. He represents employers in sophisticated noncompete and non-solicit matters, among others, and has an extensive traditional labor law practice, which includes representing employers before the NLRB. In the litigation arena, Mr. Keselenko has acted as lead counsel for employers in large class action cases, including wage and hour-related claims.Close
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
Mr. Silverberg 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.Close
Lipman & Plesur
Mr. Weiner has 36 years of wage and hour experience, both in prosecution and defense. His experience includes... | Read More
Mr. Weiner has 36 years of wage and hour experience, both in prosecution and defense. His experience includes adjudicated claims and defenses involving tip pools, credits and notices, off-the-clock work, prevailing wage rates, misclassified exemptions and independent contractors. He has also negotiated settlements of wage and whistleblower disputes.Close