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VIEWPOINT

Viewpoint 2015 Fall

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<strong>VIEWPOINT</strong><br />

Fall 2015<br />

Must Reads for Paralegals continued<br />

Not having slavish hours and getting satisfaction-helping<br />

clients (who hopefully pay well) does sound like a<br />

dream come true? The exchange of time for a paycheck and<br />

trying to find work/life balance and get the work done can<br />

be a challenge for most professional paralegals. It would be<br />

great to see a future where we paralegals can work when we<br />

want and on what we want.<br />

The future?: “Dependent Contractor”<br />

The question of whether or not you’re a professional or<br />

even an employee has taken a new twist in the age of smart<br />

phones and apps. Corporate Counsel magazine’s November<br />

2015 cover story leads with: “Is She An Employee? Companies<br />

Like Uber Call Their Workers Contractors. But the<br />

Workers Beg to Differ.” The article, “W2 or 1099? The future<br />

of the so-called sharing economy may come down to how<br />

courts answer that question,” by Rebekah Mintzer (p. 54-<br />

60), opens our eyes to what the future will bring to workers<br />

who want the benefits of a flexible schedule and the benefits<br />

of a W2 employee all in one. Mintzer’s excellent exploration<br />

of the “on-demand economy (aka the sharing or gig economy)”<br />

describes the new type of worker and how businesses<br />

are redefining what it means to provide services to customers.<br />

Using court cases involving Uber and Lyft to paint a picture<br />

of how technology is changing how the courts perceive<br />

independent contractors, she offers a possible new category<br />

of worker, a “dependent contractor.” Mintzer describes the<br />

dependent contractor as:<br />

“A category in employment law that gives workers some<br />

of the rights and protections afforded to W2’s, but still allows<br />

them to maintain a flexible schedule doing on-demand<br />

work for multiple companies.” (P.58)<br />

The best find in the Corporate Counsel may be the<br />

overview of the legal career of a Boston attorney, Shannon<br />

Liss-Riordan of Lichten & Liss-Riordan. She is called “one<br />

of the on-demand economy’s greatest legal foes” in connection<br />

with her representation of clients against Uber and<br />

other employment cases. Check out the cases on her firm’s<br />

website here: www.llrlaw.com/ca_icm.htm.<br />

Just for fun, I went to the American Institute for Economic<br />

Research’s website (www.aier.org/cost-living-calculator)<br />

and searched how much $100 from 1975 would be worth<br />

in today’s economy: $2393.38. The 1975 average salary was<br />

$8,730 (www.socialsecurity.gov/OACT/COLA/AWI.html).<br />

The Bureau of Labor Statistics showed the average<br />

paralegal salary to be $46,990 in 2012. As the character, J.J.<br />

said on the 1975 hit TV show “Good Times”: DYNAMITE!<br />

Here’s to another 40 years of job growth, better work/life<br />

balance, and flexibility!<br />

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