Practice Contacts
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.
News & Press Releases
- Business Insider, January 21, 2021
- VendingMarketWatch.com, May 8, 2020
- February 24, 2020
- February 24, 2020
- Aurora Beacon-News, December 10, 2019
- Crain's Chicago Business, October 25, 2018
- Law360, May 28, 2018
- Illinois Business Leader Magazine, March 7, 2018
- November 17, 2017
- October 27, 2017
- Crain's Chicago Business, September 15, 2017
- Equality Illinois, August 1, 2017
- Chicago Tribune; Chicago Sun Times, March 5, 2017
- SmithAmundsen, January 13, 2017
- Chicago Tribune , January 3, 2017
- October 2016
- Crain's Chicago Business, September 10, 2016
- August 15, 2016
- The American Lawyer, August 2016
- Equality Illinois, July 8, 2016
- Above the Law, April 18, 2016
- Above the Law, April 13, 2016
- Bloomberg BNA Human Resources Report, April 27, 2015
- PBS NewsHour, December 25, 2014
Blog
Labor & Employment Law Update: www.laborandemploymentlawupdate.com
Alerts
- February 23, 2021
- December 22, 2020
- December 22, 2020
- December 16, 2020
- December 3, 2020
- November 12, 2020
- October 26, 2020
- September 14, 2020
- September 10, 2020
- August 31, 2020
- July 24, 2020
- July 2, 2020
- July 1, 2020
- June 23, 2020
- May 27, 2020
- May 26, 2020
- May 18, 2020
- May 18, 2020
- May 14, 2020
- May 14, 2020
- May 11, 2020
- May 8, 2020
- May 5, 2020
- May 5, 2020
- April 30, 2020
- April 28, 2020
- April 28, 2020
- April 23, 2020
- April 22, 2020
- April 17, 2020
- April 17, 2020
- April 13, 2020
- April 10, 2020
- April 7, 2020
- April 6, 2020
- April 4, 2020
- April 3, 2020
- April 1, 2020
- March 31, 2020
- March 31, 2020
- March 30, 2020
- March 30, 2020
- March 27, 2020
- March 27, 2020
- March 27, 2020
- March 26, 2020
- March 25, 2020
- March 24, 2020
- March 24, 2020
- March 24, 2020
- March 24, 2020
- March 23, 2020
- March 22, 2020
- March 20, 2020
- March 20, 2020
- March 19, 2020
- March 18, 2020
- March 15, 2020
- June 8, 2017
- March 15, 2017
- February 16, 2017
- November 16, 2016
- May 18, 2016
Publications
- Illinois Chamber of Commerce, March 2021
- USLAW Magazine, March 16, 2021
- Illinois Business Leader Magazine, September 2020
- Chamber Dispatch, February 20, 2020
- Illinois Institute for Continuing Legal Education, 2020
- USLAW Magazine, January 14, 2020
- Illinois Chamber of Commerce, 2019
- NAMA Magazine, April 2019
- Illinois Business Leader Magazine, May 4, 2017
- Illinois Municipal League Review, April 2017
- USLAW Magazine, Spring 2017
- Illinois Chamber of Commerce, 2016
Presentations & Events
- SmithAmundsen, Webcast, April 29, 2021
- Connor & Gallagher OneSource, Webcast, April 29, 2021
- Illinois Chamber of Commerce, Seminar; Naperville, IL, April 28, 2021
- Wisconsin Association of Mutual Insurance Companies, Webcast, April 26, 2021
- Illinois Chamber of Commerce, Seminar; Naperville, IL, April 21, 2021
- Mid-West Truckers Association, Inc., Webcast, April 12, 2021
- SmithAmundsen, Webcast, March 23, 2021
- Illinois Chamber of Commerce, Webcast, March 23, 2021
- Chicago Association of Spring Manufacturers, Inc., Dinner Meeting; Oak Brook, IL, March 18, 2021
- SmithAmundsen, Webcast, March 17, 2021
- Aurora Regional Chamber of Commerce, Webcast, March 10, 2021
- Illinois Landscape Contactors Association, Webcast, March 3, 2021
- Illinois Chamber of Commerce, Webcast, March 2, 2021
- Illinois Lumber and Material Dealers Association; Webcast, February 25, 2021
- Illinois Chamber of Commerce, Webcast, February 23, 2021
- Illinois Manufacturers’ Association, Webcast, February 16, 2021
- Illinois Association Chamber of Commerce Executives, Webcast, February 11, 2021
- Crystal Lake Chamber of Commerce; Crystal Lake, IL, February 11, 2021
- AssuredPartners, Webcast, February 10, 2021
- Illinois Chamber of Commerce, Webcast, February 10, 2021
- Berwyn Development Corporation, Webcast, February 2, 2021
- Illinois Chamber of Commerce; Webcast, January 28, 2021
- Employee Benefits Association of Northern Illinois, Webcast, January 27, 2021
- Lorman Education Services, Webcast, January 19, 2021
- Rockford Chamber of Commerce, Webcast, January 13, 2021
- 36th Annual Illinois Public Sector Labor Relations Law Conference, Webcast, December 4, 2020
- Illinois Chamber of Commerce, Webcast, December 4, 2020
- Associated Builders and Contractors’ Legal and Policy Forecast Conference; Webcast, December 3, 2020
- Illinois Chamber of Commerce, Webcast, December 2, 2020
- Illinois Chamber of Commerce, Webcast, November 18, 2020
- Waubonsee Community College, Webcast, November 11, 2020
- Illinois Chamber of Commerce, Webcast, November 10, 2020
- Lorman Education Services, Webcast, November 3, 2020
- Illinois Chamber of Commerce; Decatur, IL, October 29, 2020
- SmithAmundsen, Webcast, October 29, 2020
- Illinois Chamber of Commerce, Webcast, October 28, 2020
- SmithAmundsen, Webcast, October 22, 2020
- Illinois Chamber of Commerce, Webcast, October 21, 2020
- Illinois Chamber of Commerce, Webcast, October 21, 2020
- Chicago Healthcare Risk Management Society, Webcast, October 15, 2020
- Illinois Chamber of Commerce, Webcast, October 13, 2020
- Illinois Chamber of Commerce, Webcast, October 9, 2020
- Illinois Chamber of Commerce, Webcast, October 8, 2020
- Illinois Chamber of Commerce, Webcast, October 6, 2020
- Chicago Healthcare Risk Management Society, Webcast, September 24, 2020
- Clear Law Institute, Webcast, September 16, 2020
- Illinois Chamber of Commerce; Marion, IL, September 16, 2020
- Illinois Chamber of Commerce, Webcast, September 15, 2020
- Illinois Chamber of Commerce, Webcast, September 10, 2020
- Finishing Contractors Association of Illinois, Webcast, September 1, 2020
- Lorman Education Services, Webcast, August 27, 2020
- Lorman, Webcast, August 20, 2020
- SmithAmundsen, Webcast, August 19, 2020
- Illinois Chamber of Commerce, Webcast, August 17, 2020
- Illinois Chamber of Commerce, Seminar; Gurnee, IL 60031, August 12, 2020
- Illinois Chamber of Commerce, Seminar; Naperville, IL 60563, August 11, 2020
- Professional Women's Club of Chicago, Zoom, July 22, 2020
- Illinois Chamber of Commerce, Webcast, July 21, 2020
- USLAW Network, Webcast, July 16, 2020
- Illinois Chamber of Commerce, Seminar; Peoria, IL 601611, July 9, 2020
- Elgin Area Chamber of Commerce, June 11, 2020
- SmithAmundsen, Webcast, May 27, 2020
- Illinois Chamber of Commerce, Webcast, May 21, 2020
- National Automatic Merchandising Association, Webcast, May 21, 2020
- National Automatic Merchandising Association, Webcast, May 19, 2020
- The Chamber of Manitowoc County; Webcast, May 19, 2020
- Aurora Regional Chamber of Commerce, Webcast, May 8, 2020
- Illinois Chamber of Commerce, Webcast, May 7, 2020
- Lorman Education Services, Webcast, May 1, 2020
- St. Charles Chamber of Commerce, Webcast, April 30, 2020
- Illinois Chamber of Commerce, Webcast, April 29, 2020
- IRA and SmithAmundsen, Webcast, April 22, 2020
- Aurora Regional Chamber of Commerce, Webcast, April 15, 2020
- Illinois Chamber of Commerce, Webinar, April 9, 2020
- Associated Builders and Contractors of Illinois, Webcast, April 9, 2020
- Clear Law Institute, Webcast, April 6, 2020
- American Bus Association & USLAW Network, Webcast, April 3, 2020
- Illinois Chamber of Commerce, Webcast, March 26, 2020
- The Horton Group, Webcast, March 24, 2020
- The Horton Group, Webcast, March 20, 2020
- Presented by SmithAmundsen COVID-19 Task Force, March 18, 2020
- Illinois Chamber of Commerce, Seminar; Glen Ellyn, IL, February 19, 2020
- Valley Industrial Association (VIA); Geneva, IL, February 12, 2020
- Yorkville, Plano, and Sandwich Chambers of Commerce, Seminar; Yorkville, IL, February 6, 2020
- Illinois Lumber and Material Dealers Association, Seminar; East Peoria, IL, February 6, 2020
- Finishing Contractors Association of Illinois, Seminar; Peoria, IL, February 6, 2020
- Aurora Regional Chamber of Commerce, Seminar; Aurora, IL, January 28, 2020
- SmithAmundsen; Oak Brook, IL, January 23, 2020
- Illinois Chamber of Commerce, Webcast, January 9, 2020
- Lorman Education Services; Webcast, 2019
- The Harvard Chamber of Commerce & Industry, Seminar; Harvard, IL, December 13, 2019
- Illinois Chamber of Commerce, Seminar; Effingham, IL, December 12, 2019
- Crystal Lake Chamber of Commerce, Seminar; Crystal Lake, IL, December 12, 2019
- Illinois Chamber of Commerce; Effingham, IL, December 12, 2019
- Illinois Chamber of Commerce; Glen Ellyn, IL, December 11, 2019
- IL Chamber of Commerce New Laws Forum; Lisle, IL, December 4, 2019
- Grain & Feed Association of Illinois; Webinar, December 3, 2019
- Lorman Education Services; Webinar, November 14, 2019
- Illinois Chamber of Commerce; Webinar, November 14, 2019
- Aurora Regional Chamber of Commerce; Seminar; Aurora, IL, November 13, 2019
- Advancing Supportive Living (AALC) Conference; Woodridge, IL 60517, October 23, 2019
- Illinois Chamber of Commerce, Seminar; Decatur, IL 62521, October 16, 2019
- Corkill Insurance Agency, Webinar, October 10, 2019
- SmithAmundsen; Lombard, IL, September 25, 2019
- Illinois Chamber of Commerce, Seminar; Chicago, IL 60606, September 19, 2019
- Lorman Education Services; Webinar, September 18, 2019
- Illinois Chamber of Commerce, Seminar; Peoria, IL, September 12, 2019
- Illinois Chamber of Commerce; Webinar, September 11, 2019
- SmithAmundsen, Webinar, August 21, 2019
- Illinois Chamber of Commerce, Seminar; Glen Ellyn, IL, August 20, 2019
- Finishing Contractors Association of Illinois; Webinar, August 8, 2019
- Illinois Chamber of Commerce; Webinar, August 6, 2019
- Webinar; Illinois Chamber of Commerce, July 31, 2019
- Webinar; Illinois Chamber of Commerce, July 25, 2019
- Illinois Chamber of Commerce; Webinar, July 23, 2019
- SmithAmundsen, Webinar, July 18, 2019
- Illinois Chamber of Commerce, Seminar; Naperville, IL, July 11, 2019
- Illinois Chamber of Commerce, Webinar, June 27, 2019
- Webinar; Illinois Chamber of Commerce, June 23, 2019
- Major Changes to Illinois Employment Laws: New Mandatory Sexual Harassment Training & Other MandatesIllinois Chamber of Commerce, Webinar, June 20, 2019
- SmithAmundsen, Indianapolis, IN; Webinar, June 19, 2019
- Chicago, IL; Chicago-Kent College of Law, June 4, 2019
- Illinois Chamber of Commerce, Webinar, May 23, 2019
- Illinois Chamber of Commerce; Naperville, IL, May 15, 2019
- Finishing Contractors Association of Illinois (FCAI), Webinar, May 7, 2019
- Illinois Chamber of Commerce, Webinar, April 18, 2019
- Illinois Fox Valley SHRM; Elgin, IL, April 18, 2019
- SmithAmundsen, Webinar, April 17, 2019
- National Business Institute, Seminar; Naperville, IL, April 8, 2019
- St. Charles Chamber of Commerce, Seminar; St. Charles, IL, April 4, 2019
- Illinois Chamber of Commerce, Webinar, April 4, 2019
- Illinois Chamber of Commerce, Seminar; Chicago, IL, April 3, 2019
- Lorman Education Services; Webinar, March 26, 2019
- VIA Education Center, Geneva, IL; Valley Industrial Association, March 20, 2019
- Aurora Chamber Offices, Seminar; Aurora, IL, March 12, 2019
- Clear Law Institute, Webinar, March 6, 2019
- Illinois Chamber of Commerce, Webinar, February 26, 2019
- Lorman Education Services, Seminar; Chicago, IL, February 21, 2019
- Illinois Chamber of Commerce, Webinar, February 19, 2019
- National Business Institute, Seminar; Naperville, IL, February 13, 2019
- SmithAmundsen, Chicago, IL; Webinar, February 7, 2019
- Lorman Education Services; Webinar, January 16, 2019
- Lorman Education Services, Webinar, January 11, 2019
- Lorman Education Services; Webinar, January 9, 2019
- Illinois Chamber of Commerce, Seminar; Naperville, IL, November 14, 2018
- GRC Educators, Webinar, September 25, 2018
- Illinois Chamber of Commerce, Webinar, September 12, 2018
- SmithAmundsen, Indianapolis, IN; Webinar, August 16, 2018
- Clear Law Institute, Webinar, August 13, 2018
- Lorman Education Services; Webinar, July 25, 2018
- Illinois Chamber of Commerce, Webinar, July 12, 2018
- SmithAmundsen Seminar, Chicago, IL; Webinar, June 13, 2018
- Illinois Chamber of Commerce; Glen Ellyn, IL, June 7, 2018
- Illinois Chamber of Commerce; Webinar, May 24, 2018
- Illinois Chamber of Commerce, March 27, 2018
- Illinois Chamber of Commerce; Glen Ellyn, IL, February 27, 2018
- National Automatic Merchandising Association; Webinar, January 30, 2018
- SmithAmundsen, The Horton Group; Chicago, IL, January 23, 2018
- Illinois Chamber of Commerce; Chicago, IL, October 24, 2017
- Illinois Chamber of Commerce; Seminar; Glen Ellyn, IL, September 21, 2017
- Illinois Municipal League Annual Conference; Chicago, IL, September 21, 2017
- Illinois Chamber of Commerce; Webinar, September 12, 2017
- Illinois Chamber of Commerce; Edwardsville, IL, August 29, 2017
- Illinois Chamber of Commerce; Webinar, August 8, 2017
- Clear Law Institute; Webinar, August 1, 2017
- Illinois Chamber of Commerce; Tinley Park, IL, July 27, 2017
- Clear Law Institute; Webinar, July 19, 2017
- Illinois Chamber of Commerce; Springfield, IL, July 19, 2017
- Illinois Chamber of Commece; Effingham, IL, July 13, 2017
- Illinois Chamber of Commerce; Naperville, IL, June 21, 2017
- Illinois Chamber of Commerce; Chicago, IL, June 20, 2017
- Illinois Restaurant Association; Chicago, IL, May 31, 2017
- Illinois Chamber of Commerce; Glen Ellyn, IL, May 31, 2017
- SmithAmundsen, Seminar; Chicago, IL, May 11, 2017
- Compli; Webinar, May 11, 2017
- Illinois Chamber of Commerce; Webinar, May 11, 2017
- Illinois Chamber of Commerce; Naperville, IL, April 27, 2017
- National Automatic Merchandising Association's OneShow; Las Vegas, NV, April 19, 2017
- Illinois Chamber of Commerce, Seminar; Effingham, IL, March 16, 2017
- Illinois Chamber of Commerce; Webinar, March 8, 2017
- Illinois Chamber of Commerce, Seminar; Naperville, IL, February 23, 2017
- SmithAmundsen, Seminar; Chicago, IL, February 16, 2017
- Illinois Chamber of Commerce; Webinar, January 31, 2017
- Illinois Chamber of Commerce, Seminar; Peoria, IL, January 26, 2017
- National Business Institute, Seminar; Chicago, IL, December 5, 2016
- Illinois Chamber of Commerce, Seminar, November 30, 2016
- National Automatic Merchandising Association, Webinar, November 15, 2016
- SmithAmundsen Chicago, IL; Webinar, November 10, 2016
- Illinois Chamber of Commerce; Rock Island, IL, October 25, 2016
- Illinois Chamber of Commerce, Effingham, IL, July 7, 2016
- SmithAmundsen, Webinar, June 22, 2016
- SmithAmundsen, Webinar, June 2, 2016