Commercial Counsel (Contingent Workforce Expertise)

Upwork; Austin (TX); Remote; USD 120,000 - 180,000; Full time

Job summary

A leading work marketplace is seeking a seasoned commercial attorney to manage staffing agreements and provide legal counsel in Austin, Texas. This role requires expertise in employment law and strong negotiation skills. The ideal candidate will have a JD, significant experience in commercial contracting, and a collaborative mindset. The company offers extensive benefits and fosters an inclusive work environment.

Benefits

Comprehensive medical coverage

Unlimited PTO

401(k) plan with matching

12 weeks of paid parental leave

Employee Stock Purchase Plan

Qualifications

• Active license to practice in at least one U.S. jurisdiction.
• Significant experience advising on staffing models.
• 3+ years in an AmLaw 100 law firm.
• 2+ years in-house experience.
• Experience supporting a large sales team.

Responsibilities

• Lead the review and negotiation of staffing agreements.
• Manage complex commercial agreements.
• Provide counsel on employment law considerations.
• Serve as an advisor to senior leaders.
• Collaborate with cross-functional leaders.

Skills

Commercial contracting

Employment law expertise

Negotiation

Cross-functional collaboration

Written communication

Education

JD from an accredited U.S. law school

Tools

Ironclad

Salesforce

Job description

Austin, Texas, United States

Upwork ($UPWK) is the world’s largest work marketplace, connecting businesses with highly skilled professionals worldwide. From entrepreneurs to Fortune 100 enterprises, companies trust Upwork’s platform to access expert talent, leverage AI-powered work solutions, and drive meaningful business outcomes.

Upwork’s AI‑powered platform has facilitated over $20 billion in economic opportunity for professionals worldwide. With professionals spanning 10,000+ skills, including AI and machine learning, software development, sales and marketing, customer support, finance and accounting, and more, Upwork empowers businesses of all sizes to scale, innovate, and build agile teams.

Job Overview

This is an exciting opportunity for a seasoned commercial attorney with strong expertise in staffing and other contingent workforce matters who thrives in a high‑impact, high‑autonomy environment. You will lead strategic, cross‑functional deal work and operational improvements, working closely with Upwork’s commercial attorneys and contracts professionals, as well as others on the Legal & Policy team.

Your Responsibilities

• Lead the review, negotiation, and strategic management of staffing and contingent workforce agreements, including Employer of Record (EOR), Agent of Record (AOR), staff augmentation, and other workforce solutions.
• Manage a wide range of complex and high‑impact commercial agreements with clients, vendors, and partners (MSAs, amendments, NDAs, statements of work, DPAs, pilot agreements, partnership agreements, channel sales/collaboration agreements, terms of service, etc.).
• Provide counsel on employment law considerations intersecting with commercial agreements, including worker classification, co‑employment, benefits, and compliance with federal, state, and international labor and employment laws.
• Conduct ad‑hoc legal analysis to support strategic initiatives and emerging business opportunities.
• Serve as a key advisor to senior leaders across business units, delivering strategic, solutions‑oriented legal counsel that aligns business goals with risk posture.
• Collaborate with cross‑functional leaders such as RevOps, Sourcing, InfoSec, and Accounts Payable to address challenges, forecasting, and process alignment.
• Develop, improve, and deliver trainings to educate internal stakeholders on legal positions, contract‑related risks, best practices, and processes.
• Identify opportunities to improve operational efficiency and lead the design and implementation of scalable solutions (forms, templates, playbooks, workflows).
• Refine and maintain contract standards, fallback positions, and escalation policies.
• Influence and build relationships with executives, product teams, and peers across the company.
• Engage with and manage outside counsel and other legal resources as needed.
• Provide contract‑related support for corporate transactions and other ad‑hoc projects.

What It Takes to Catch Our Eye

• JD from an accredited U.S. law school and active license to practice in at least one U.S. jurisdiction.
• Significant experience advising on staffing models, contingent workforce arrangements, and employment law issues in a commercial contracting context.
• 3+ years of experience in an AmLaw 100 law firm.
• 2+ years in‑house experience at a high‑growth startup or public tech company.
• A business‑minded attorney with a track record of balancing risk mitigation with business enablement.
• Experience supporting a large sales team.
• Expertise in drafting, negotiating, and managing customer and vendor agreements.
• Excellent oral and written communication skills.
• Eagerness to collaborate cross‑functionally with partners across the company.
• Ability to prioritize and handle multiple projects effectively in a fast‑paced environment.
• Track record of influencing others in challenging discussions.
• Collaborative, proactive, solution‑oriented attitude with a good sense of humor.

How to Really Knock Our Socks Off

• Deep knowledge of employment law (co‑employment, wage‑and‑hour, worker classification, cross‑border compliance).
• Working knowledge of contingent workforce management (VMS/MSPs, AOR, EOR, staff augmentation).
• Understanding of global privacy regulations.
• Experience using Ironclad, Salesforce, or other contract management systems.
• Strong interest in legal operations, data‑driven decision making, and leveraging AI to scale legal support.

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. We hire full‑time employees across 21 U.S. states and support remote work.

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 and prioritize personal and professional growth through development programs and mentorship.

We’re proud to offer benefits that go beyond the basics, including comprehensive medical coverage, unlimited PTO, a 401(k) plan with matching, 12 weeks of paid parental leave, and an Employee Stock Purchase Plan. Life at Upwork page provides more detail on our values and employee experience.

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 or related medical conditions), sexual orientation, gender identity, age, disability status, veteran status, genetic information, or any other legally protected characteristic.

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.

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