Andrew Murphy litigates class and collective action cases throughout the country. He has particular skill in matters involving the defense of business models that utilize independent contractors, franchise arrangements and third-party service providers. Andrew also regularly counsels logistics companies, “gig” economy platforms, franchisors and other companies on business modeling issues related to contractor classification, joint employment and regulatory risk.

Independent-Contractor Litigation & Class Actions

Andrew is one of the few litigators to obtain a complete defense-side state supreme court decision in an independent-contractor misclassification action arising under the “ABC” test. He has served as lead counsel in class and collective action cases involving tens of thousands of putative class members. His work includes defense of clients facing claims for breach of contract, fraud, agency liability, and violations of state and federal employment laws, including the Fair Labor Standards Act (FLSA).

Representative Experience

  • Defense of a delivery platform in action asserting contractor misclassification under the “ABC” test, resulting in a unanimous state supreme court decision in favor of the platform.
  • Representation of a nationwide logistics provider in multidistrict litigation involving independent contractor misclassification claims arising under the laws of more than 30 states.
  • Successful representation of a telecommunications company in a mandamus action against the California Department of Industrial Relations, Division of Labor Standards Enforcement.
  • Defense of a university in a breach of contract action relating to the transition to remote learning during the COVID-19 pandemic, resulting in dismissal of plaintiffs’ claims for lack of Article III standing.
  • Obtaining complete dismissal of accidental franchise, RICO, and antitrust claims brought against a public corporation and its officers.
  • Representation of franchisor in defense of putative class action claims brought by franchisee employees predicated on a joint employer theory.
  • Defense of a nationwide restaurant company in hybrid collective and class action asserting violations of tip-credit requirements under state laws and the FLSA.
  • Defeated conditional certification of a multifacility FLSA collective action claim pertaining to alleged off-the-clock work.

Personal Interests

When not at work, Andrew enjoys traveling, studying history, amateur astronomy and, above all, spending time with his wife Samantha and their six children.

Related Legal Services


Bar Admissions


Court Admissions

U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the District of Minnesota
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the District of Colorado
U.S. District Court for the Northern District of Illinois


Notre Dame Law School
J.D. magna cum laude, Notre Dame Law Review (articles editor) (2007)

Lehigh University
B.A. summa cum laude (2004)

Insights & Events

Other Perspectives
  • Texas Court Strikes Down NLRB's Expansive Joint Employer Rule: What Next?
    Republished in HR Legal & Compliance Excellence, April 2, 2024
  • Litigating Wage and Hour Claims When There Are No Accurate Time Records
    Upper Midwest Employment Law Institute, May 2017
  • Rely on Us — Encino Motorcars Reiterates That Administrative Rule Changes Must Consider Reliance Interests
    Minnesota CLE, September 2016
  • The Expanded Joint Employer Standard: What It Means for Your Company
    Minnesota CLE, February 2016
  • Complex Employment Litigation Trends to Watch in 2016
    Co-presenter, Employment Law Today: In-Depth Discussions on Complex Issues, Complex Employment Litigation Seminar, November 2015
  • Keep Class Action Waivers Concise, Tailored
    Minnesota Lawyer, March 16, 2015
  • Wage/Hour Litigation — Hot Topics and Recent Developments
    Faegre Baker Daniels Complex Employment Litigation Seminar, November 2014
  • Top 10 Mistakes Made by Plaintiff's Counsel in Pursuing Wage/Hour Claims
    Minnesota CLE, October 2014
  • Update on EEOC Litigation Tactics and Approaches
    Minnesota CLE, October 2014
  • Legal Hot Topics/Recent Cases That Have a Systemwide Impact on the Franchise Industry
    Faegre Baker Daniels Franchise Summit, August 2014
  • Pleading the Class Case: Testing Class Allegations on the Pleadings After Comcast
    Business Law Today, American Bar Association, May 2014
    GP Solo, American Bar Association, "Best of Sections" Feature, October 2014
  • Navigating in the New Era of Class Action Waiver Law
    Law360, May 2014
  • Recent Developments in Business and Corporate Litigation
    Eighth Circuit Contributing Author, American Bar Association, Employment Law, 2014 Edition
  • Cutting Edge Issues in FLSA Litigation
    Faegre Baker Daniels Winning Strategies for Complex Employment Litigation Seminar, 2013
  • Unpaid Interns — Essentials for Avoiding and Surviving Wage & Hour Claims
    Minnesota CLE, 2013
  • Drawing The Line Between Possibility and Plausibility: An Update on Federal Courts' Application of Twombly's/Iqbal's Pleading Standards in F.L.S.A. Collective Actions
    Minnesota CLE, 2013
  • The Fair Credit Reporting Act: Recent Developments
    Minnesota CLE, 2012 and 2013
  • Pretrial Litigation
    Adjunct Professor, William Mitchell College of Law, 2012 and 2013

Firm Blog Contributions

  • LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues

Leadership & Community

Professional Associations

  • William Mitchell College of Law — Adjunct Professor, 2012-13
  • Notre Dame Law School — Adjunct Professor, 2010-11
  • Michiana Society for Human Resources Management — Legislative Committee, 2010-11

Civic Activities

  • Indiana Chamber of Commerce, St. Joseph County — Leadership Program, 2009-10
  • Northern Indiana Center for History — Development Committee, 2008-09


  • Faegre Baker Daniels — Pro Bono Honor Roll, 2014
  • Minnesota Super Lawyers — Rising Star, Employee Litigation Defense, 2014-19
  • Minnesota Lawyer Up & Coming Attorney, 2017
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