Employment Counsel

About Upwork

Upwork Inc.’s (Nasdaq: UPWK) family of companies connects businesses with global, AI-enabled talent across every contingent work type including freelance, fractional, and payrolled. This portfolio includes the Upwork Marketplace, which connects businesses with on-demand access to highly skilled talent across the globe, and Lifted, which provides a purpose-built solution for enterprise organizations to source, contract, manage, and pay talent across the full spectrum of contingent work. From Fortune 100 enterprises to entrepreneurs, businesses rely on Upwork Inc. to find and hire expert talent, leverage AI-powered work solutions, and drive business transformation. With access to professionals spanning more than 10,000 skills across AI & machine learning, software development, sales & marketing, customer support, finance & accounting, and more, the Upwork family of companies enables businesses of all sizes to scale, innovate, and transform their workforces for the age of AI and beyond.

Since its founding, Upwork Inc. has facilitated more than $30 billion in total transactions and services as it fulfills its purpose to create opportunity in every era of work. Learn more about the Upwork Marketplace at upwork.com and follow on LinkedIn, Facebook, Instagram, TikTok, and X; and learn more about Lifted at go-lifted.com and follow on LinkedIn.

About the Role

As Employment Counsel, you will be the primary legal partner for Upwork’s global People organization, advising on all aspects of employment law, worker classification, and contingent labor practices. You’ll shape scalable policies and programs that support our hybrid workforce and ensure compliance across multiple jurisdictions. This is an exciting opportunity to drive the evolution of Upwork’s employment and contingent workforce strategy in a fast-moving, AI-powered workplace.

Responsibilities

• Serve as the primary legal advisor to HR Business Partners, Employee Experience, Contingent Workforce Program, Talent Acquisition, and HRIS teams on employment law, worker classification, and contingent labor issues in the U.S. and globally.

• Design, implement, and continuously improve scalable policies and frameworks for classifying employees, independent contractors, temporary staff, and agency-supplied workers, including guidance on EOR/PEO and other engagement models.

• Advise on worker classification and joint-employer risks, boundaries of supervision and control, and compliant day-to-day program practices.

• Partner with Employee Experience on compliant processes for onboarding/offboarding, background checks and FCRA compliance, authorization to work, and with the Benefits Team on leaves, accommodations, and benefits eligibility.

• Support governance of our contingent workforce program, including development and maintenance of playbooks, operating procedures, and knowledge resources.

• Monitor and interpret legislative and regulatory developments impacting classification and workforce practices and drive timely policy and process updates.

• Lead or support internal investigations, audits, agency inquiries, and dispute resolution involving employees or contingent workers; develop remediation plans and preventative controls.

• Create clear, business-friendly guidance that scales, including templates, checklists, FAQs, and self-service resources for internal stakeholders.

What it takes to catch our eye

• JD and bar membership in good standing in at least one U.S. jurisdiction.

• 6+ years of labor and employment counseling experience, including significant hands-on contingent workforce experience and regular advice to or work with staffing companies.

• Deep knowledge of employment laws and practices, including Title VII and state/local analogs, ADA, ADEA, FMLA and state leave laws, worker classification, wage/hour, joint-employer and co-employment issues, leaves/accommodations, background checks/FCRA, and related compliance for multi-jurisdictional workforces.

• Proven experience drafting and negotiating staffing/vendor agreements and advising on program governance for contingent labor at scale.

• Skilled at translating complex legal requirements into crisp, operational guidance with strong writing and communication skills.

• Collaborative, practical, and solutions-focused; able to balance risk with business needs and design friction-reducing processes.

• Bonus points for global counseling experience, familiarity with EOR/PEO models, or prior in-house experience supporting contingent labor or HR/People teams.

Come change how the world works.

At Upwork, you’ll shape the future of work for a global, remote-first workforce, creating economic opportunities for professionals worldwide. While we have a physical office in Palo Alto, we currently hire full-time employees in 34 U.S. states, making it easier than ever to join our mission from wherever you call home.

Our culture is built on trust, risk-taking, customer focus, and excellence, all in service of our core mission: to create economic opportunities so people have better lives. We embrace authenticity and inclusion, encouraging everyone to bring their whole selves to work. Personal and professional growth is a priority here, supported through development programs, mentorship, and our Upwork Belonging Communities.

We’re proud to offer benefits that go beyond the basics, including comprehensive medical coverage for you and your family, unlimited PTO, a 401(k) plan with matching, 12 weeks of paid parental leave, and an Employee Stock Purchase Plan. Visit our Life at Upwork page to learn more about our values, working principles, and the overall employee experience.

Ready to help shape the future of work? Check out our Careers page to learn more about opportunities at Upwork.

Upwork is an Equal Opportunity Employer committed to recruiting and retaining a diverse and inclusive workforce. We do not discriminate based on race, religion, color, national origin, gender (including pregnancy, childbirth, or related medical conditions), sexual orientation, gender identity, gender expression, age, status as a protected veteran, status as an individual with a disability, genetic information, or other legally protected characteristics under federal, state, or local law.

Please note that a criminal background check may be required once a conditional job offer is made. Qualified applicants with arrest or conviction records will be considered in accordance with applicable law, including the California Fair Chance Act and local Fair Chance ordinances.