Richard Reibstein

rreibstein@littler.com
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As a leading practitioner of enhancing independent contractor compliance and defending against misclassification claims, Richard Reibstein represents large and small companies across the U.S., in addition to his labor/employment and non-compete/trade secret practices.

Richard regularly counsels employers on how to comply with the law and avoid lawsuits that could arise under an array of labor and employment laws. He also conducts workplace investigations and defends employers in claims involving employment discrimination (including workplace harassment, hostile work environment, and disability claims), wrongful discharge and workplace torts (including defamation, fraud, invasion of privacy, tortious interference, and negligent hiring and retention), and family and medical leaves and benefit disputes. Richard negotiates collective bargaining agreements with unions on behalf of management, handling matters before the National Labor Relations Board as well as labor arbitrations.

In the area of independent contractor and wage/hour compliance, Richard represents scores of clients, both large and small, in an array of diverse industries, including the gig economy. Richard defends businesses across the country before federal and state administrative agencies in regulatory investigations and proceedings and before the courts in single plaintiff and class action employee misclassification lawsuits as well as litigation seeking overtime, unpaid benefits, and unpaid expenses. He works closely with employment tax lawyers in defending against IRS audits.

Richard is the publisher of the only legal blog dedicated to publishing original content on the subject of independent contractor compliance/misclassification. He has published more than 360 comprehensive blog posts and has been quoted more than 120 times by leading legal, business, and media publications for his insights in this area of law. Since 2010, Richard has written more than 60 articles and videos and has made more than two dozen presentations to businesses and industry associations on the subject.

Richard has extensive experience in the area of non-compete and trade secrets law. He crafts corporate protection plans and negotiates and drafts state-of-the-art noncompete agreements and other types of restrictive covenants. Richard counsels clients on securing compliance with such agreements by departing employees and their new employers and, conversely, how to lift out key employees of competitors who have signed these types of agreements. When necessary, Richard litigates non-competes, non-solicitations, and trade secret matters in state and federal courts.

Credentials & Recognition

Additional Thought Leadership

The Upcoming Independent Contractor Regulations

  • February 23, 2026
  • New York Law Journal, Labor & Employment Special Report

Independent Contractor Misclassification Risks Video

  • October 14, 2025
  • LexisNexis Practice Videos – Labor & Employment Series – Independent Contractors

Independent Contractor Status Determination Video

  • October 14, 2025
  • LexisNexis Practice Videos – Labor & Employment Series – Independent Contractors

Garden State May Soon Become Even Less Hospitable to Independent Contractors Than Golden State

  • September 2025
  • Employee Benefit Plan Review

New York Senate Passes First-in-the-Nation Bill Requiring Mandatory Review and Revocation Period for All Severance Agreements

  • April 25, 2025
  • Compensation Standards

Are Reality Contestants Independent Contractors or Employees? From Pods to Paychecks with Love is Blind

  • March 11, 2025
  • Hiring to Firing Podcast

Navigating Issues Around NY Freelancer Pay Protection Law

  • December 12, 2023
  • Law360

Proliferating Pay Protection Laws Favoring Independent Contractors Create Perils for Businesses

  • October 2023
  • Workforce Watch

Tips for Complying With New Pay Transparency Laws Requiring Disclosure of Pay Ranges

  • February 3, 2023
  • Labor & Employment Workforce Watch
  • with Janet Barsky and Jordon R. Ferguson

Why NLRB is Unlikely to Succeed in Misclassification Case

  • May 20, 2022
  • Law360

Is Independent Contractor Misclassification a Violation of the National Labor Relations Act?

  • May 2022
  • Workforce Watch

Biden Administration’s Withdrawal of Trump’s Independent Contractor Rule: Just As Meaningless As the Rule It Withdrew

  • May 6, 2021
  • JD Supra

Biden Independent Contractor Plan Sends Confusing Message

  • November 10, 2020
  • Law360

Should Independent Contractors Sign Covid-19 Liability Waivers?

  • July 21, 2020
  • Bloomberg Law Insights

Independent Contractor Misclassification and Compliance Law: 2010 – 2020

  • January 20, 2020
  • Bloomberg Law Professional Perspectives

Existing Law Can Likely Solve Contractor Misclassification

  • December 16, 2019
  • Law360

How to Evaluate Portfolio Companies for Independent Contractor Misclassification

  • June 18, 2019
  • Private Equity Law Report

Ten Tips for Drafting Arbitration Agreements with Class Action Waivers in Independent Contractor Agreements

  • November 8, 2018
  • Bloomberg BNA, Daily Labor Reporter

Unanswered Questions After Dynamex, and What Lies Ahead

  • May 4, 2018
  • Law360

Oil Patch is Hotbed of Independent Contractor Misclassification

  • May 2, 2018
  • E&P Magazine

Independent Contractor Misclassification: Class Action Lawyers Now Targeting the Insurance Industry

  • April 10, 2018
  • InsureReinsure Blog

What to Expect in Independent Contractor Misclassification and Compliance Law in 2018 (Part 2)

  • January 5, 2018
  • Bloomberg BNA, Daily Labor Reporter

Five Key Independent Contractor Legal Developments in 2017 (Part I)

  • January 4, 2018
  • Bloomberg BNA, Daily Labor Reporter

Expert Analysis: DOL Independent Contractor Landscape Likely Won’t Change

  • June 7, 2017
  • Law360

Defects in Freelance Bill

  • November 3, 2016
  • New York Law Journal

3-Part Series on “The Costs of Worker Misclassification”

  • July 7-9, 2015
  • Class Action and Employment sections of Law360

1099ers Exposing Startups, Private Equity Firms to Costly Liability

  • September 23, 2014
  • Class Action, Employment, Mergers & Acquisitions, Private Equity, Tax, and Technology sections of Law360

Major Change in Law of Independent Contractors: The New York Commercial Goods Transportation Industry Fair Play Act

  • November 27, 2013
  • New York Law Journal

Hidden Due Diligence Risk in Mergers, Acquisitions and Investments: Independent Contractor Misclassification Oftentimes Overlooked by Private Equity Firms, Hedge Funds and Other Investors

  • January 23, 2013
  • American Bar Association’s Business Law Today

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