Nathan S. Gibson

Nathan S. Gibson is an independent worker compliance business partner who provides expertise and creative solutions to enhance workforce flexibility and maintain compliance with worker classification requirements. He helps mitigate the risks associated with the misclassification of self-employed consultants, freelancers and independent contractors.help provide them with a through contingent worker solution.

Uber’s arbitration of IC misclassification claims in US could total $170 million

Uber driver

Staffing Industry Analysts (SIA) reports that Uber acknowledged that settlement of arbitration claims could range between $146 and $170 million. Human cloud, ride-sharing firm Uber Technologies Inc. updated investors on independent contractor misclassification claims against the company — including up to $170 million for individual drivers claiming misclassification — as well as other challenges in…

Gig Workers And The Duty Of Loyalty 

From JDSupra, Bethany Pelliconi makes an excellent point that employees owe a duty of loyalty to their employer and this would prevent employees of Uber from driving for Lyft, etc. Converting independent contractors to employees may have unintended consequences. Bethany writes: In the wake of the judicial invention of a California version of the “ABC…

Northwestern Mutual Passes ‘ABC Test,’ Defeats Suit Claiming Agents Were Misclassified

insurance agent

From the New Jersey Law Journal, P.J. D’Annunzio discusses a case in which the court said that an insurance agent was an independent contractor under the ABC test. P.J. writes: A federal judge has dismissed a putative class action against Northwestern Mutual filed by a longtime insurance agent who claimed the company improperly classified him and…

California Gig Economy Employers Should Approach the Department of Labor’s Recent Opinion Letter With Caution 

eal_of_the_United_States_Department_of_Labor

From JDSupra, Raymond Nhan and Rod Sorensen recommend that employers should not rely too heavily on the United States Department of Labor’s Opinion Letter which said that workers engaged through an online platform were independent contractors. Raymond and Rod write: First, the Opinion Letter is not binding on any court.  Rather, the Opinion Letter only…

Washington State Adopts Legislation Restricting Noncompetition Agreements 

Washington map

From JDSupra, Suzanne Thomas discusses a new statute in Washington that limits non-compete agreements for employees and some independent contractors. Suzanne writes: Under the new law, a noncompetition covenant is void and unenforceable against an employee or, as applicable, an independent contractor: Unless (1) the employer discloses the terms of the covenant in writing to…

Is There Anything New or Dramatically Different in the Labor Department’s Opinion Letter on Independent Contractor Status?

eal_of_the_United_States_Department_of_Labor

From JDSupra, Richard Reibstein discusses the United States Department of Labor’s Opinion Letter which said that workers engaged through an online platform were independent contractors. Richard writes: A Brief Analysis of the Six Factors Under the Opinion Letter According to the new Opinion Letter, the six factors indicative of IC status are all “derived from…