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.

Understand all of the tests related to independent contractor compliance

  From ICon Professional Services’ Blog — Many businesses rely on independent contractors for specific tasks. The main benefit is that it allows companies to deploy a flexible workforce made up of people with a significant degree of autonomy. The downside, of course, is that it is possible to accidentally misclassify workers who should be employees.…

Rehired Employee v. Independent Contractor

From Bloomberg BNA — “Rehired Employee v. Independent Contractor Thus far, this article has assumed that an employer will rehire a retiree as a “rehired employee.” This term describes an individual who worked for an employer, terminated employment with that employer and is subsequently rehired by the employer the W-2 employee. However, employers sometimes seek…

State’s crackdown on worker misclassification not all it’s cracked up to be

From New Hampshire Business Review — “There is no question that the problem of misclassification is widespread in New Hampshire. Since 2012, the state Department of Employment Security has found cases of misclassification in 23 percent of the 922 audits it has conducted. That means that employers and employees avoided payroll deductions on some $37.7 million…

Five Summer Must-Haves for Freelancers and Entrepreneurs

From Forbes — “Summer presents productivity challenges for everyone, but it can be especially distracting for freelancers and entrepreneurs. After all, you’re already at home, steps from the front door. This could be the perfect time for a jog in the sunshine. It’s all too easy to kick back and procrastinate until fall, “when everyone…

Exotic Dancers – Misclassified as Independant Contractors and Not Paid Overtime Pay

From Utah Employment Lawyer — “Last week, six exotic dancers filed a collective action (class action) case against the King of Diamonds strip club and its parent company Galardi South Enterprises Consulting Inc., for violations of wage and overtime laws.  This strip club’s parent company settled a similar lawsuit for $1.55 million in Georgia a couple…

Totality of circumstances, not single or multi-factor test, determines employee or independent contractor status, says Colorado Supreme Court

From Wolters Kluwer — “In two recent decisions, the Colorado Supreme Court rejected single and multi-factor tests used by courts and administrative agencies in determining whether individuals are employees or independent contractors under the Colorado Employment Security Act. Instead, the court adopted a “totality of the circumstances” test that involves an “inquiry into the nature…

Lowe’s takes a blow with seven figure settlement of independent contractor misclassification suit

From Lexology — “As the Lowe’s lawsuit demonstrates, drawing the line between independent contractors and employees is very tricky, and if done incorrectly, it can lead to big liability. In addition to the amounts in dispute in the Lowe’s lawsuit, if you misclassify your independent contractor you can face government audits (unemployment social security…), or even…

The Tax Risks of Misclassifying Employees

From The National Law Review — “Employers often prefer to hire independent contractors so that the employer can avoid payment of federal and state employment taxes, federal and state unemployment insurance taxes, employee benefits, and workers’ compensation premiums. The IRS’s concern is that the increasing use of independent contractors in the workplace is leading to a…

A Peek into Freelancing

From Policy Bee — Related articles Secrets top freelancers aren’t telling you (guerrillafreelancing.com) 5 important legal resources for freelancers (nathansgibson.org) Related posts: Survey: For Many, Freelancing Pays Better Than Traditional Jobs From Forbes, Elaine Pofeldt shares the results of a survey of over 7,000 adults conducted by the Freelancers Union and Upwork. Elaine writes terrific articles…

Tennessee Targets Workers’ Comp Fraud in Construction Industry

From the Insurance Journal — “The Tennessee Department of Labor has been expanding efforts to uncover employer fraud within the construction industry. The efforts, aided by recent legislation,  will help identify employers who are paying workers under the table, intentionally misclassifying workers as independent contractors, and who are failing to report all wages paid.” Read…