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.

Measure Twice, Cut Once: Understanding the Construction Workplace Misclassification Act 

Pennsylvania

From The Legal Intelligencer, Susan Nanes discusses Pennsylvania’s Construction Workplace Misclassification Act (CWMA). She writes: The CWMA (Construction Workplace Misclassification Act), 43 P.S. Secction  933.1-17, is a 2010 enactment (effective February 2011). In proposing the bill, the Pennsylvania House Labor Relations Committee sought to curb construction employers’ common practice, intentional or otherwise, of deeming workers to be…

Florida-based Power Designs sued by D.C. for allegedly cheating workers out of pay, benefits –

Washington DC

  From the Washington Business Journal, Katishi Maake  reports that Washington DC is suing a contractor for misclassifying workers. Katishi writes:  The District is suing Florida-based electrical contractor Power Designs Inc. for allegedly misclassifying more than 500 employees as independent contractors, stripping them of thousands of dollars in wages and benefits. The lawsuit filed Monday in D.C. Superior Court…

Party That Drafted Arbitration Provision Moves To Have Provision Deemed Unenforceable. It Lost. 

  From Lexology, Peter J. Gallagher reports on a recent case in which a part that drafted an arbitration clause was not able to have a court determine that it was unenforceable. Peter writes: Most cases involving commercial contracts and arbitration provisions follow a similar pattern. They generally involve consumers arguing that they cannot be bound by…

Massachusetts Legislature Passes Comprehensive Noncompete Reform 

Massachusetts blue map

    From Lexology, Melissa McDonagh and Kevin Burke report on the recently passed (but not yet signed into law) Massachusetts bill that restricts non-compete agreements and that the restrictions apply to agreements with independent contractors also.  Melissa and Kevin write: New Minimum Requirements for Noncompetition Agreements in Massachusetts As noted above, the Act specifically curtails…

Legislature Will Not Act This Year To Modernize Labor Laws For ‘Gig Economy’ Companies 

California

  From Capital Public Radio, Ben Adler reports that the California legislature will not address the new ABC standard for classifying workers adopted by the California Supreme Court despite requests from businesses who engage with independent contractors.  Ben writes: Businesses that rely on the “gig economy” have been urging state lawmakers to overturn a California Supreme Court…

Employee Misclassification Penalties 

  MBO Partners provides an excellent overview of the penalties for misclassifying workers as independent contractors: Legal Compliance There are a variety of tests that exist to determine whether or not a worker should be classified as an employee or an independent contractor. The federal government, state government, and government agencies all apply different tests to…

Dynamex Decision Should Be Addressed by the Legislature

California

  From Fox & Hounds,  Chris Micheli argues that the California legislature should define the standard for classifying a worker as an employee or independent contractor and not the California Supreme Court. Chris writes: With such a seismic shift in California’s employment law, it is the elected branch of government that should utilize the legislative process to…

Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors 

Arizona the Grand Canyon State Welcomes You

  Jaburg Wilk reviews the difference between an employee and independent contractor and reviews various standards including Arizona’s “right to control” standard. Employee or Contractor? The only problem is you likely can’t get away with it.  You can’t call an employee an independent contractor if the employee is not really an independent contractor – if it looks…

Labor Commissioner Cites Nail Salon $1.2 Million for Misclassification and Wage Theft of 36 Workers

woman doing another woman's nails

  From PR Newswire, a report of misclassification of workers in a nail salon in California. OAKLAND, Calif., July 30, 2018 /PRNewswire/ — The Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to a Temecula nail salon for misclassifying and failing to properly pay 36 workers. An investigation found that the workers…

An Epic Checklist: What to Consider When Adopting Class Action Waivers in Employment Arbitration Agreements 

https://www.lexology.com/

  From Lexology, Christopher C. Murray offers a checklist for arbitration agreements in employment agreements. Here is part of Christopher’s list: In adopting a class action waiver in an employment arbitration agreement, an employer may want to consider the following: How broad should the waiver be? Should it exclude class actions; collective actions; representative actions; group…