PDF《THE EMERGING NEW WORKFORCE:》

April

2009 THE EMERGING NEW WORKFORCE:

2009 Employment and Labor Law Solutions for Contract Workers, Temporaries, and Flex-Workers Garry G.

Mathiason, Esq. Suellen Oswald, Esq. Debra Baker, Esq. Russell D. Chapman, Esq. Sue M. Douglas, Esq. Steven J. Friedman, Esq. Philip L. Gordon, Esq. Gerald T. Hathaway, Esq. Robert C. Long, Esq. Scott McDonald, Esq. GJ Stillson MacDonnell, Esq. Kimberly L. Owens, Esq. Lee Schreter, Esq. Ellen N. Sueda, Esq. R. Scott Summers, Esq. Stephen C. Tedesco, Esq. AUTHORS IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information extremely useful in understanding the issues raised and their legal context. The Littler Report is not a substitute for experienced legal counsel and does not provide legal advice or attempt to address the numerous factual issues that inevitably arise in any employment-related dispute. Copyright ?

2009 Littler Mendelson, P.C. All material contained within this publication is protected by copyright law and may not be reproduced without the express written consent of Littler Mendelson. Sam Adair, Esq. Kate H. Bally, Esq. SoRelle B. Braun, Esq. Lisa M. Brauner, Esq. Craig M. Brown, Esq. Lisa C. Chagala, Esq. H. Tor Christensen, Esq. Daniel J. Cravens, Esq. Stephen D. Dellinger, Esq. Katherine Dix, Esq. Katherine Cooper Franklin, Esq. Russell C. Ford, Esq. Ryan W. Green, Esq. Alison S. Hightower, Esq. Andrea R. Jackson Jacqueline E. Kalk, Esq. Alexis C. Knapp, Esq. Niza M. Motola, Esq. Anna Nesterova , Esq. Bertrand B. Pogrebin, Esq. Richard H. Rahm, Esq. Mary E. Sharp, Esq. Richard L. Sloane, Esq. Kenneth B. Stark, Esq. Amy Ryder Wentz, Esq. CONTRIBUTORS Copyright ?2009 Littler Mendelson, P.C. Section / Topic Page # I. INTRODUCTION A. An MIT Model for 21st Century Organizations: Shifting Networks of Small Firms B. The Littler Prediction: Contingent Workers Will Comprise 50% of the U.S.Workforce Added After the Recession C. The 21st Century Workplace D. The Contingent Workforce in Action Today at U.S. Companies

1 1

3 5

6 II. KEY EMPLOYMENT AND LABOR LAW ISSUES AND PRACTICAL STEPS A. Overall Employment Law Compliance B. Global Mobility C. Worker Privacy &

Technology D. Wage &

Hour Concerns E. Executive Compensation F. Traditional Labor Law G. Trade Secrets &

Intellectual Property Protection H. Reductions In Force And WARN I. Workers'

Compensation &

Unemployment Insurance J. Independent Staffing/Staffing Organizations K. Health Insurance L. Retirement Benefits

6 6

11 13

14 17

19 21

23 26

28 30

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 Table of Contents Copyright ?2009 Littler Mendelson, P.C. THE EMERGING NEW WORKFORCE:

2009 Employment and Labor Law Solutions for Contract Workers,Temporaries, and Flex-Workers THE EMERGING NEW WORKFORCE:

2009 Employment and Labor Law Solutions for Contract Workers, Temporaries, and Flex-Workers I. Introduction The current economic recession, characterized by former Federal Reserve Chairman Alan Greenspan as the longest and deepest sincethe GreatDepression ofthe1930s,1 hasimmersed employers in a battle to reduce labor costs. In the instant era of downsizing, the principal focus has become immediate survival planning. Layoffs, overhead cost cuts, cost audits, and other efforts to simply remain afloat are the reality for management across the nation. But, unquestionably, another day is coming. Many economists now predict that the recession, which began in 2007, will end or be in its final stages in the second half of 2009.2 Withexpectations(andhopes)thattherecessionwillbeover in 2010, what should employers do to take immediate advantage of the coming upturn as it impacts the labor force? One option is to remain rigidly focused on containing costs while waiting for the recovery. This approach is all too common not necessarily as a conscious choice, but as a condition of paralysis when encountering deep disappointment. The price paid for failing to plan for the coming changes will be the loss of competitive advantage. Employers that prepare now for the new emerging workforce of