Staffing Agency, Independent Contractor & Contingent Workforce

Our highly experienced staffing agency, independent contractor and contingent workforce group is comprised of attorneys with a strong background in this field. Our attorneys have worked with businesses and staffing agencies of all sizes and industries, including some of the nation’s largest staffing agencies and businesses, to address concerns regarding the engagement and use of independent contractors, temporary staff and a contingent workforce. 

Although we are fully capable of and have litigated independent contractor, temporary staffing, and contingent workforce audits and lawsuits through a final verdict, we also work on preventing and limiting litigation through improving our clients’ best practices related to these issues. We take a proactive approach on identifying areas of concern and properly address those concerns to diminish liabilities and exposure for our clients. Due to the depth of our litigation experience on these and other issues, we have practices that businesses should follow to avoid audits and litigation, as well as detailed checklists of essential documents and facts that must be present in order to allow our clients the best possible defense if and when challenged by either the government or by an individual. 

In addition to providing counsel to our clients, we are regularly engaged to write on the subject and teach other attorneys throughout the United States on the issues of staffing agencies, independent contractors and contingent workforces. We have written and presented through Lorman Education Services, the Illinois Chamber of Commerce, local Chamber of Commerce offices, the Illinois Center for Continuing Legal Education, USLAW Network, and various SHRM and other related HR professional associations. 

Areas of Practice

Our attorneys regularly draft and review contracts between businesses and temporary staffing agencies or independent contractors. Additionally, we handle all staffing, independent contractor and contingent workforce issues for businesses and staffing agencies that fall under common employment and traditional labor laws including: 

• State temporary labor laws
• Background check issues
• Negligent hiring, supervision, or retention matters
• Joint employer claims
• Statutory claims including allegations of discrimination, harassment and retaliation, wage and hour violations, and leave issues
• Contractual issues and disputes, including breach of contract claims
• Negligent and intentional infliction of emotional distress claims
• Respondeat superior, assault, battery, wrongful death, and retaliatory discharge claims
• ERISA
• NLRA

Our attorneys work with their clients on a multitude of matters including:

• Drafting and reviewing staffing agency and independent contractor agreements for businesses and staffing agencies
• Drafting and reviewing contingent workforce/temporary labor agreements for businesses and contingent workforce providers
• Addressing contract concerns between businesses and staffing agencies or contingent workforce providers
• Advising companies about the risks in using independent contractors, temporary labor and contingent workers
• Advising companies on the best practices to follow when using independent contractors, temporary labor and contingent workers to reduce claims, as well as joint employer concerns
• Advising staffing agencies about legal issues related to their workforce
• Advising and defending companies and staffing agencies during investigations and audits by government agencies (i.e. department of labor, unemployment insurance, IRS, wage/hour)

Our practice is also focused on addressing and resolving complex tax and audit issues related to allegations of misclassification of independent contractors as employees. In doing so we have defended businesses before the Internal Revenue Service, state departments of labor, state unemployment agencies, several workers’ compensation commission and countless other local, state and federal administrative agencies.