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.

Fifth Circuit Holds That the Company in Class Action Waived Its Right to Arbitrate Because of Litigation Conduct 

From JDSupra, John Lewis  discusses how a party may waive its right to compel arbitration if it substantially invokes the judicial process or acts in a way that causes prejudice to the other party. John writes: The Appellate Analysis Not unexpectedly, the appellate court found two requirements for waiver in its circuit – first, that a…

MBO Partners® and Taxfyle Announce Partnership to Streamline Tax Filing Process for Independent Contractors 

federal tax forms

MBO Partners and Taxfyle announced a partnership that will enable independent contractors working with MBO to take advantage of Taxfyle’s tax filing services.   MBO Partners®, the nation’s largest provider of business services for independent contractors, today announced a partnership with Taxfyle to provide MBO’s robust network for independent professionals year-round complete tax care, from…

Oregon courier service to pay $3.2 million in driver IC misclassification case

Staffing Industry Analysts (SIA), the global advisor on staffing and workforce solutions, reports that a courier service in Oregon misclassified drivers and was required to pay $3.2 million for damages. SIA reports: A federal court ordered the owner of a Portland, Ore.-based courier service to pay $3.2 million for failing to pay minimum wage and overtime…

1099 vs. employee: Why the difference matters when you hire a caregiver

caregiver

From Care.com | HomePay, Erik Johnson says that most cases, nannies and other in-home caregivers should be considered employees and not independent contractors. Erik writes: While you may think of your nanny or in-home caregiver as more of an independent contractor than employee, the fact of the matter is the government usually thinks otherwise. In…

Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes in a Related Agreement 

From Mondaq, Jason R. Brost discusses a recent case in which the court said that an arbitration clause was enforceable in a dispute based on a separate agreement signed at the same time and in the course of the same transaction. Jason writes: The dispute arose out of Theodore Wood’s resignation from his employment with Parks IP…

“He was an independent contractor when he went up that ladder, but he became a covered employee on his way back down.”

man falling off a ladder

  From WorkersCompensation.com, Robert Wilson discusses a common risk with engaging with independent contractors — if they get hurt they allege they were misclassified.– and coins a great phrase in the process. Robert writes: To paraphrase an old saying, “What goes up must be covered when it falls down.” This would, apparently, be very true in the…

California Court Of Appeal Clarifies Application Of The ABC Test For Independent Contractors 

California

  From Mondaq, Thalia S. Rofos and William C. Sung discuss the recent case which limited the application of the stringent ABC test for classifying workers in California to non-wage order claims. Thalia and William write: In Garcia v. Border Transportation Group, LLP, the California Court of Appeal clarified that the ABC Test only replaced theBorello Test as applied to wage and…

Studies Conclude Arbitration Faster & Cheaper Than Court

Arbitration word cloud

  From Lexology, Liz Kramer discusses recent academic studies on arbitration that found arbitration is faster and cheaper than litigation but also that some employment cases never make it to arbitration. Liz writes: The data came from two sources: public data that the State of California requires arbitration providers to file, as well as a cache…

Why You Need To Have Commercial Insurance For Your Home-Based Business

insurance benefits

  From Rush PR News Wire, Veritas Language Solutions shares recommendations for insurance for home based business. Insurance is important for all independent contractors because it demonstrates independent and financial investment in their business. But beyond that, it is important to protect clients in the unlikely event of a loss. Here is some of Veritas Language Solutions‘ guidance:  Liability…

Massachusetts Misclassification Claims barred by Statute of Limitations

Massachusetts blue map

  Massachusetts Lawyers Weekly  reports on a misclassification claim that was limited by the statute of limitations because the worker shown have known that he was misclassified as an independent contractor. In this case, the court said: Plaintiff argues, however, that the statute of limitations as to these claims was tolled until he became a Town…