Continued from page 42
5. Indemnification
The traditional staffing model
typically offers some indemnification
protection between the employer
and temporary staffing provider.
With an app-based service,
indemnification protection may not
be available, so the employer must
analyze the parties’ relationship to
determine if the app-based service
will be providing indemnification
or otherwise allocating risk.
6. Trade secrets and
confidential information
Temporary employees can take
and use protected trade secrets,
even in one day. Employers should
require temporary employees to
sign written restrictive covenant
agreements, just like regular
employees, or take other
appropriate measures. This step is
critical for an employer that later
may have to demonstrate that it
took all steps to protect the
confidentiality of its information.
Key Takeaway
Regardless of the staffing model
used, there are various compliance
issues impacting the gig economy,
and as it happens so often, the
technology has outpaced the law.
For these reasons, employers must
carefully evaluate their use of app-
based employees, much like the use
of any other temporary employees,
and ensure
compliance
with
appropriate
laws.
Community
Services
Committee
Volunteers at
Trinity Café
Thank you to the members
of the HCBA Community
Services Committee who
volunteered time during the
week of February 25 – March 1
as part of the annual Dining
With Dignity project. Volunteers
helped serve lunch and shared
meal-time conversation with
the patrons at the Café.
LRIS Speaker’s
Bureau Presentation
at Sun City Center
HCBA’s Lawyer Referral Service member
Valentina Wheeler of Wheeler Law Firm spoke to
residents from Sun City Center on February 26 on
the subject of Florida Community Association Law.
The event had
a great turnout
and a lively
discussion. Thank you to Wheeler for taking time out of
her busy schedule for this presentation!
Author:
Kevin D.
Zwetsch –
Ogletree Deakins