Contract Workers

Performed an in-depth employment compliance review for a nationwide provider of autism behavioural therapy. Included a review of employee classification and wage and hour issues, employment agreements and restrictive covenants, employment policies and procedures, independent contractor classification, internal investigations, workplace safety and health, severance agreements, and immigration.

Represented a US-based molecular diagnostics company with respect to the employment aspects of multiple transactions, including an independent contractor agreement for a consultant in Hong Kong.

Defended a New York-based biopharmaceutical company against a complaint in New York State Court brought by an independent contractor who alleged that the company, its executives, and members of its advisory board engaged in fraudulent conduct and unlawful discrimination based on the company’s alleged use of the contractor’s intellectual property to facilitate the company’s going public, and the company’s decision not to offer the contractor full-time employment. Won a motion to compel the contractor to arbitrate the case in accordance with the plaintiff’s contract with the company; the case resolved after the matter was referred to arbitration.

Advised a leading manufacturer of heavy pressure equipment in the context of a complex litigation concerning both the misconduct of the client's previous CFO and the termination of a multimillion-euro assignment contract with an external consultant. The external consultant joined the company in 2018, through the intermediary of the previous CFO, to allegedly carry out an activity of a technical-legal nature. Over several years, this consultant—again through the intermediary of the CFO—cashed in approximately €1 million without performing activities, apart from settling a single €2.2 million contract for €200,000. When our client stopped paying these fees, the consultant filed an appeal for injunction, obtaining an injunction decree, which the company opposed. Litigation was initiated against the consultant with a second lawsuit filed against the CFO.

Defended a “gig economy” company that places skilled nurses with medical facilities on an independent contractor basis in a PAGA-only misclassification case. Plaintiff contended that she was misclassified as an independent contractor. After originally prevailing on a motion to compel arbitration and stay the PAGA case, a motion for reconsideration resulted in the court denying both arbitration and a stay of the PAGA case. The matter was appealed on an issue of first impression: whether a PAGA plaintiff who signed seven separate arbitration agreements (one for each independent contractor project) can be compelled into arbitration. The US Court of Appeals for the Second District enforced the arbitration agreement pursuant to the US Supreme Court's decision in Moriana v. Viking River Cruises.

Defended a California-based company that provides an online application-based platform that connects health care facilities with independent medical professionals for short-term and per diem jobs in a medical malpractice case in New Jersey Superior Court.

Advised a private equity firm regarding the HR restructuring and onboarding of a full-time and seasonal labor force. Provided guidance regarding farm labor contractor matters, including state and federal licensing, insurance, and immigration/guest worker visa matters.

Represented a leading provider of data access and connectivity solutions with respect to global workforce matters, including legal issues relating to employees and independent contractors.

Defended a large satellite installation company against class and collective action wage and hour claims brought by technicians classified as independent contractors; reached a satisfactory resolution.

Advised a leadership community for chief executives on the transition of international consultants in countries around the world, including the determination of contractor misclassification in Canadian operations.