Amidst evolutions of technology and changes in the economy, the practice of law has changed such that being a lawyer today is not the same as it was even ten years ago. Part of this change can be attributed to the tremendous change in the United States workforce and how it is regulated. For example, while the contingent (or temporary) workforce is growing rapidly, local governments are implementing unprecedented laws that dictate how and when businesses schedule and pay people to perform work on their behalf. These laws encompass a variety of types, such as earned sick- and safe- time laws, predictable scheduling (alternatively labeled flexible or fair scheduling) laws, and family and medical leave laws.
The problem is that these laws result in fragmented regulation of employee scheduling and pay, which has impacted how companies hire and retain contingent talent. In other words, because these laws may differ from city to city, companies that conduct business in more than one place are subjected to one set of laws for certain employees but a different set for others.
This article begins with a background of my non-traditional legal career—an example of the emergence of non-traditional applications of legal training. It then provides solutions for navigating the non-traditional legal career. Next, the article identifies the complex legal problems that arise from the expansion of the contingent workforce. Finally, it reflects on legal services-based solutions to those complex problems.