Independent contractors/freelancers/independent consultants, whatever they choose to call themselves they are a growing, critical segment of the workforce. In a recent Harvard Business Review article, the concept of “supertemps” – top managers and professionals who choose project-based work over traditional working arrangements - was introduced:
They’re increasingly trusted by corporations to do mission-critical work that in the past would have been handled by permanent employees or established outside firms. New intermediaries have sprung up to create a market for such marquee talent. Supertemps are growing in number, and we think they’re on the verge of changing how business works. Both the independent talent and corporations stand to benefit.
Ed Trevisani hangs out with his young sons when they come home from school. He volunteers as a Boy Scout leader, serves on nonprofit boards, and teaches management courses at Philadelphia-area universities. He’s even been known to sit on the back porch in the middle of the workday. Not bad for a guy who’s still pulling down as much as he did when he was a partner with IBM and PricewaterhouseCoopers.
Union membership accounts for less than 20% of the current American workforce, with less than 10% of the private workforce. HR professionals tend to divide into a small group of generalists who eat, breathe, and live collective bargaining, and a much larger portion of us who simply thank our lucky stars that we don’t have to deal with that level of confrontation. We know we have to pay attention to Title VII, the ADA-AA, the USERRA, the FLMA, and the FLSA, among many others. However, we tend to regard the National Labor Relations Act (NLRA) as something that only those poor souls who work in “labor relations” need to worry about.
Unfortunately, we’re wrong. The NLRA applies to your workplace whether you want it to or not.
While there are substantial benefits derived by an employer when workers are independent contractors instead of employees, there are also substantial risks. And to make it more difficult, there is no easy way to determine which classification is the correct one.
One new report finds that CEOs' chief talent challenge is the recruitment and retention of high-potential middle managers, while another survey finds those same managers are missing out on personal-development opportunities within their own organizations. What's HR's role in keeping these middle managers from leaving?