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Corporate Compliance Insights
Home Leadership and Career

Balancing Compliance and Creativity in the Gig Economy

What do companies need to know amid paradigm shift in the workforce?

by John Godfrey
October 30, 2023
in Leadership and Career
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The gig economy is more than a mere novelty spurred by the pandemic. Workers are increasingly adopting flexible, independent work arrangements — and companies need to adapt, too. John Godfrey of Legal & General, a global financial services firm, sheds light on the difficult balancing act ahead.

The modern business workforce is in the middle of a seismic shift, as the gig economy continues its inexorable expansion. This dynamic labor model, defined by how it has embraced independent and flexible work arrangements, has evolved from a temporary trend into an enduring force that corporations would do well to understand and integrate. 

As the United States witnesses a surge in gig workers, corporate executives tasked with compliance and regulatory adherence are facing a unique conundrum: how to tap into the growing talent pool while ensuring legal and ethical frameworks are respected. 

A delicate balancing act: compliance and creative staffing

In a world where adaptability is becoming more and more critical on many fronts, the gig economy has emerged as an increasingly attractive way for workers to address their needs. The freelancing landscape is expanding rapidly. To make the most of this transformation, employers must recalibrate their engagement strategies. 

The shift in mindset requires acknowledging the gig economy as more than a temporary stopgap measure to fill staffing holes. Instead, it should be seen as a resilient, independent talent pool that demands integration into some traditional business models. Adapting to this paradigm requires a comprehensive understanding of the skills gig workers offer, identification of skill gaps they can fill and seamless integration into existing teams.

While Europe and the UK have stringent rules regarding “co-employment,” the U.S. offers more flexibility in developing creative solutions. U.S. employers are treading relatively uncharted waters regarding extending benefits to gig workers without blurring the lines between independent contractors and employees. This distinction is crucial, as misclassification can result in legal repercussions and financial penalties.

3D render of smartphone, ride-sharing services in the sharing economy
Compliance

The Gig Economy: Risks vs. Rewards

by Elliot Dinkin
January 21, 2020

Legislative initiatives and a generational shift are changing the dynamics of the American workplace. Cowden Associates’ Elliot Dinkin urges employers to be aware of these developments and the inherent risks.

Read moreDetails

Gig workers’ desires and concerns

Understanding the motivations and apprehensions of gig workers is essential for effective engagement. Flexibility emerges as a cornerstone of their needs, with 63% of freelancers citing it as the primary reason for their choice of work arrangement. It allows them to balance work with personal responsibilities, making it a potent tool for talent acquisition.

However, concerns linger. Pay equity remains a pressing issue, with gender and minority pay gaps becoming amplified in the gig economy. Women experience a pay gap of up to 45%, our research showed. Addressing this gap is not only ethical but also strategic for attracting diverse talent.

Health insurance, retirement provisions, and other financial safety nets remain elusive for many freelancers, accentuating the vulnerability of gig work. Companies that extend these benefits or are willing to contribute to them exhibit a competitive edge, enticing gig workers to enter their fold.

Healthcare benefits, a critical consideration amid a global health crisis, carry profound implications. While offering health insurance to 1099 workers is possible, regulations vary, requiring careful examination of options such as health reimbursement arrangements (HRAs) and extended group plans. Similarly, retirement planning poses challenges — our research showed that just 8% of female gig workers have a pension plan.

Toward a collaborative future

The path forward is a delicate dance between compliance and creativity. Employers will need to balance a combination of hybrid work arrangements and flexible hours and integrate those into inclusive workplace cultures. Fostering collaboration, mentorship and support can counterbalance the solitude of gig work, appealing to a significant portion of gig workers, especially the younger generations. 

Attracting freelancers with mentorship and teamwork opportunities could catalyze a paradigm shift, enabling employers to tap into gig workers’ expertise while providing them with a sense of belonging and setting their companies in an ethical and progressive light.

The gig economy’s trajectory is undeniable, transforming the landscape of work as we know it. While challenges persist, the new paradigm presents opportunities for innovation and growth. Employers must embrace the gig economy’s inherent agility and self-reliance while striving to address concerns surrounding pay equity, health insurance and retirement provisions. By adopting an approach that navigates the legal nuances of offering benefits, leading companies can foster a sense of greater security and loyalty among gig workers while themselves benefiting from the considerable talent that’s out there.

The gig economy embodies a likely shift wherein the boundaries of work are redefined. As pandemic-induced changes continue to shape the workforce, compliance experts and corporate executives stand to be at the forefront of balancing adherence to regulation with new, creative staffing solutions.


Tags: Corporate CultureEmployment Law
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John Godfrey

John Godfrey

John Godfrey is a director at Legal & General, a global financial services firm that currently manages over $1.4 trillion in assets. He is also executive board chairman and director of Business for Health, an organization recently established at the behest of the U.K. Parliament’s All-Party Parliamentary Group on Longevity. John has worked in the city of London for over 30 years, including for U.S., Japanese and European financial institutions. From 2016-17 he worked at Number Ten Downing Street as head of policy for Prime Minister Theresa May, where his team was responsible for advice on a broad range of UK domestic and Brexit-related issues. He has also served as a special adviser to the U.K. Home Secretary's Office.

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