The Emerging New Workforce: Employment and Labor Law Solutions for Contract Workers, Temporaries, and Flex-Workers

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TABLE OF CONTENTS:

I. INTRODUCTION ...1

A. An MIT Model for 21st Century Organizations: “Shifting Networks of Small Firms” ...1

B. The Littler Prediction: Contingent Workers Will Comprise 50% of the U.S. Workforce Added After the Recession ...3

C. The 21st Century Workplace ...5

D. The Contingent Workforce in Action Today at U.S. Companies ...6

II. KEY EMPLOYMENT AND LABOR LAW ISSUES AND PRACTICAL STEPS

A. Overall Employment Law Compliance ...6

B. Global Mobility ...11

C. Worker Privacy & Technology ...13

D. Wage & Hour Concerns ...14

E. Executive Compensation ...17

F. Traditional Labor Law ...19

G. Trade Secrets & Intellectual Property Protection ...21

H. Reductions In Force And WARN ...23

I. Workers’ Compensation & Unemployment Insurance ...26

J. Independent Staffing/Staffing Organizations ...28

K. Health Insurance ...30

L. Retirement Benefits ...32

III. TWELVE PRACTICAL RECOMMENDATIONS TO IMPLEMENT TODAY IN

ANTICIPATION OF THE NEW WORKFORCE ...34

Endnotes 38

APPENDIX A: Staffing Industry Analysts Charts on Contingent

Worker Trends ...40

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Littler | Attorney Advertising

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