How Employment Law is Shifting in a Post-COVID Economy

The pandemic has left the U.S. job market more uncertain than usual. Even though July saw a return to form for the labor pool, with the Bureau of Labor Statistics reporting 943,000 new open jobs in July and an unemployment rate hitting pandemic lows of 5.4%, the amount of workers securing full-time work with benefits is likely to drop.

Gig work became the new normal for many laborers seeking a safety net during the pandemic, with some 59 million Americans freelancing in 2020, and few signs of a slow down. And as more companies signal an increased reliance on non-payroll workers, as research by contractor management company Stoke found in a June survey, this means further pressure to adjust employment law to suit the times.

How is the pandemic’s acceleration of the gig work economy affecting how companies build out their employment & labor law strategies, especially after the last two years of regulatory moves to redefine contract workers from the State of California, and the subsequent gig company win with Prop 22? We sought the perspective of Lauren Blair, Employment & Litigation Attorney, and founder of Lauren Blair Consulting, to help us understand the dynamics shaping relationships between employees and their employers.

More Thoughts from Lauren Blair

Companies need to be careful in classifying workers as independent contractors versus employees. The most important factors when looking at classifying a worker as an employee or a freelance contractor are whether the hiring party has the right to control the manner and means by which the work is accomplished.

There are also other considerations that come into play, such as: (1) source of instruments and tools; (3) location of the work; (3) duration of the work relationship; (4) exclusivity of the work relationship; and (5) whether the work is part of the hiring party’s regular business.

If a Department of Labor or court determines that the classification was improper, the company could face serious financial and legal consequences, including back pay for minimum and overtime wages, vacation pay and other remunerative employment benefits, and under some state laws, fines and even misdemeanor criminal liability in cases of intentional misclassification.

Lauren Blair is a lawyer with She has over 25 years of experience in employment law.

Follow us on social media for the latest updates in B2B!

Twitter – @MarketScale
Facebook –
LinkedIn –

Follow us on social media for the latest updates in B2B!



Proactively Protecting Schools with Intelligent AI
February 27, 2024

In today’s episode of School Safety Today by Raptor Technologies, Michelle Dawn Mooney sat down with Matias Klein, Founder & CEO of Kognition AI. During the conversation, they discussed leveraging artificial intelligence to enhance security in educational settings. Matias shares his journey from aspiring healthcare professional to tech entrepreneur, emphasizing the role of AI […]

Read More
Embedded Payment Processing
How Embedded Payment Processing Is Shaking Up the Travel Experience
February 27, 2024

Through embedded systems, hoteliers can ensure guest data stays within their purview while providing a more comprehensive guest experience from beginning to end. By Warren Dehan The hotel payment processing experience is ready for a shakeup. Improving payment processing in hotels has been a major barrier for independent operators, and yet the closer payment processes […]

Read More
careers in hvac
Navigating Careers in HVAC: Jason Saunders’ Journey to the Top
February 27, 2024

On this episode of “Straight Outta Crumpton,” hosts Greg Crumpton and Gabrielle Bar explore the dynamic careers in Heating, Ventilation, and Air Conditioning (HVAC). They have a chat with Jason Saunders, the President of Indoor Environmental Services, about his extraordinary journey from a high school graduate to a top executive in the field. Saunders […]

Read More
continuous improvement
February 27, 2024

Innovative planning and continuous improvement in education stands at the forefront of school improvement, a strategic linchpin that propels institutions toward a future of achievement and excellence. At the heart of this transformation is adopting a continuous improvement mindset, where educators and administrators constantly seek better strategies and outcomes for their students. Just Thinking […]

Read More