Almost 40 million Americans work on a part-time or freelance basis and by 2020 half of the American workforce is expected to be part of this gig economy. This new workforce is full of challenges and benefits for both employers and employees. For employers looking to engage this new workforce there is a lot of legal compliance issues to consider, and for employees looking for freedom they look to be free of benefits as well.
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About the Speakers
Webinar Host
Brittany Kovalcik
Director of Marketing
EPAY Systems
Featured Speaker
Kevin M. Young
Partner
Seyfarth Shaw, LLP
Featured Speaker
Simon L. Yang
Senior Associate
Seyfarth Shaw LLP
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3. EPAY Systems Overview
CHICAGO BASED
TECH COMPANY
FOUNDED 2001
SERVING HOURLY
WORKFORCE
ENVIRONMENTS
PROVIDER OF COMPLETELY UNIFIED,
FULL SERVICE HCM SOLUTIONS
75,000+ WORKSITES
FREE PREMIUM CUSTOMER
SUPPORT
24 HOURS/DAY
7 DAYS/WEEK
365 DAYS/YEAR
INDUSTRY LEADER
UNIQUELY FLEXIBLE CLOUD
BASED TIME & LABOR
MANAGEMENT TECHNOLOGY
99%
CUSTOMER
RETENTION
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4. Legal Disclaimer
The contents of this presentation should not be construed as legal advice or a
legal opinion on any specific facts or circumstances.
These materials are intended for general information purposes only, and you are
urged to consult a lawyer concerning your own situation and any specific legal
questions you may have.
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• Overview of the Gig Economy
• Where the Gig Economy is
Headed
• Legal Risks for Employers
• Trends Among Lawmakers
• What’s Next
• Questions
Agenda
WHAT WE’LL
COVER IN TODAY’S
WEBINAR
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11. What are the Risks?
FOR THE WORKER
• Lack of employment-based
benefits, safety net
• Reduced opportunity to hone
skills, train
• Head-on collision with AI, robots
FOR THE EMPLOYER
• Lack of control due to legal
constraints
• Limited ability to screen
• Lack of investment, continuity
• Legal risks due to novel issues
juxtaposed with archaic laws
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14. Misclassification Consequences
#1 in 2017: April 2017 – $227 million settlement with 12,000 drivers in 20
states alleging wage and hour violations for misclassification as
independent contractors
#1 in 2016: June 2016 – $226 million settlement with California drivers
alleging wage and hour violations for misclassification of drivers as
independent contractors
#2 in 2016: April 2016 – Up to $100 million settlement with class of CA
and MA drivers
#4 in 2017: March 2017 – $27 million settlement with California drivers
alleging wage and hour violations for misclassification as independent
contractors
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15. • Joint employer liability?
• FMLA eligibility tied to history as
employee?
• Worker’s comp benefits?
• Right to collectively bargain?
• Employer provided retirement benefits?
• Employer provided health benefits?
• Federal, state, and local discrimination
laws?
• Employer’s share of payroll taxes?
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Other Consequences
19. ✓Washington State
✓New Jersey
Independent Contractor with benefits
✓Seattle, Washington
Independent Contractor with organizing
rights
✓Arizona Marketplace Exemption
State Law Statutory Non-Employees
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Clarity at State Level
20. Challenges and Opportunities
CHALLENGES
• Look like type of “employer” next
wave of talent wants to work with
(e.g., tech)
• Hands-off experience some want
while preserving quality, brand,
and sufficient control
• Where to re-focus traditional
efforts, where to focus change?
OPPORTUNITIES
• Gap filling for training and skills.
• Gap filling for benefits.
• Stability of a traditional job with
nimbleness of a temporary
assignment
• Screening function for clients
• Other risk reduction for clients
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21. 21
Pre-Hire to Retire:
One Seamless Platform
ACATAX MANAGEMENT ANCILLARY SERVICESPAYROLL OUTSOURCING
DELIVERED AS A SERVICE
CLOUD-BASED SOFTWARE
APPLICANT
TRACKING
BENEFITS
ADMINISTRATION
HUMAN RESOURCES
MANAGEMENT
PAYROLL & TAX
MANAGEMENT
TIME & LABOR
MANAGEMENT
SELF SERVICEMOBILE ANALYTICSREPORTING
PERFORMANCE
MANAGEMENT
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22. Mitigate Compliance
Risk
Effectively manage ACA/OSHA/EEO/FLSA/COBRA and get
insight into employee activity
Get the business intelligence and reporting you need
for constantly changing government regulations
Unify pay practices and rates across your
organization
Automate the processing of federal/state tax and pre-
employment forms
GATHER EMPLOYEE DATA
NEEDED TO ANALYZE YOUR
COMPANY’S COMPLIANCE
Ensure
Consistency
Across Your
Organization
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• Integration with
leading job
boards
• Unlimited users
with full system
access
• Screening q’s,
keywords,
applicant tagging
• Video
interviewing
• Email and SMS
messaging and
templates
• Mobile
• Spanish
applications
APPLICANT
TRACKING
• Plan
administration
• Open enrollment
• COBRA
management
• ACA compliance
reporting
• Carrier Connect
(data feeds)
• 401K file feed
BENEFITS
ADMINISTRATION
• Complete payroll
and tax
processing
• Accommodation
of multiple
FEINs, states
and localities
• Garnishment
processing
• Year-end tax
filing
• New hire
reporting
• Free pay card
program
PAYROLL & TAX
MANAGEMENT
• Flexible pay
rules
• Scheduling
• Accruals
• Budgets &
job costing
• Workforce
analytics
• Wage & hour
compliance
• Mix & match
time
collection
options
TIME & LABOR
MANAGEMENT
• New hire
onboarding with
electronic I-9 and
e-verify
• Skills, education
& performance
tracking
• Employee &
manager self-
service
• Document & task
management
• OSHA, EEO &
Workers’ Comp
reporting
HUMAN RESOURCES
MANAGEMENT
PERFORMANCE
MANAGEMENT
• Automated
performance
and self-
reviews
• 360 degree
surveys
• Compensation
dashboard
• Learning
content
integration
• Goal
management
• Statistics
dashboard
• JournalingStandard Reports and Custom Reporting Tool
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Connect with
Us on Social
Media
Take a two-minute tour
Take the survey
Request a demo EPAY HCM & TLM
Visit Our
Website
www.EPAYsystems.com
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