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Firm News

SmithAmundsen’s highly experienced Independent Contractor and Contingent Workforce practice is second to none. We win when others have first failed and even when they tell us that we have no shot of winning. Our attorneys have worked with the likes of some of the nation’s largest independent contractor companies servicing a variety of industries, smaller, local staffing companies focusing on needs in their communities, as well as countless other businesses that rely in some part on the engagement of independent contractors and temporary staff.

Although we are fully capable of litigating virtually any independent contractor and contingent workforce matter through final verdict, we work with our clients to improve on best practices related to such issues. We take a proactive approach on identifying areas of concern and properly address those concerns to diminish liabilities for our clients. Due to the depth of our litigation experience on these and other issues, we have prepared 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 the workforce.

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 independent contractor and contingent workforce status. 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.

Our attorneys regularly handle all independent contractor and contingent workforce issues that fall under common employment and traditional labor laws including:

  • ERISA
  • NLRA
  • State temporary labor laws
  • Duty to perform a background check
  • Negligent hiring, supervision, and retention matters
  • Negligent and intentional infliction of emotional distress
  • Respondeat superior, assault, battery, wrongful death, and retaliatory dischargeStatutory claims including those alleging discrimination, harassment and retaliation, wage and hour violations, leave issues, and contractual claims

We also focus our practice on complex tax consequences due to purported misclassification and have defended businesses on these issues before the Internal Revenue Service, countless state unemployment agencies, several workers’ compensation commissions and related agencies, and various other local, state, and federal administrative agencies.

For more information, please contact Jeffrey Risch.

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