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.

3 Legal Precautions in Hiring Freelancers

From Entrepreneur.com — “From marketing to graphic design, entrepreneurs rely heavily on freelancers to fill many of their business needs. Currently 1 in 3 Americans who are working (roughly 42 million) are estimated to be freelancers and within the next six years freelancers are expected to comprise more than half the full-time workforce. With entrepreneurs relying more…

Should Freelancers Get Workers’ Comp Insurance?

From Businessweek —  “Many states determine workers’ comp liability by applying an IRS test that determines whether someone working for a company should be classified as an independent contractor or as an employee. Very generally, it measures how much control the employer has over the freelancer’s work schedule. If that test shows that your independent contractors should…

NJ relies on ABC Test to determine if a Worker is an Employee or Independent Contractor

From WestlawNext (subscription required) —  The Superior Court of New Jersey, Appellate Division said “The Unemployment Compensation Law (UCL), N.J.S.A. 43:21–1 to –71, provides that employment is “service performed on or after January 1, 1972 … for remuneration or under any contract of hire, written or oral, express or implied.” N.J.S.A. 43:21–19(i)(1)(A). The UCL has been interpreted…

A company may be liable for the actions of an independent contractor under a theory of apparent agency

From  WestlawNext —  A company may be liable for the actions of an independent contractor if it represents that the independent contractor is its servant or agent The court said:  “As applied by Maryland courts, the doctrine of apparent agency can be expressed in three elements: 1. Did the apparent principal create, or acquiesce in, the appearance that…

States Clamping Down on Workers Mislabeled as Contractors

From Bloomberg – “When construction slowed during the recession, some companies hired workers and wrongly designated them as independent contractors to avoid paying insurance, taxes, fair wages and overtime. Danny Odom, chief operating officer of Odom Construction Systems, Inc. in Knoxville, Tennessee, says he wouldn’t even though the decision put the company of about 225 employees at…

Freelancers Union Wants to Be Your HR Department

From Businessweek — “Beginning this fall, [Freelancers Union] will help members in all 50 states buy health insurance. It will also use the collective purchasing power of its 233,000 members to negotiate better deals on other benefits, including retirement plans and dental, disability, liability, and life insurance, Freelancer Union executive director Sara Horowitz said in…

Independent contractor misclassification costs Colorado employer $2 million

From HR.BLR.com — “This case illustrates the risks involved in classifying workers as independent contractors when you treat them like employees. The evidence alleged by the flow testers, including the company’s control and direction over the time, manner, and location of their work, their hourly pay, required adherence to company work rules, mandatory attendance at…

Owner Liable For Unpaid Wages And Liquidated Damages for Misclassifying Workers as Independent Contractors

From Mondaq Employment and HR — “Following an investigation into certain residential treatment facilities for the elderly, disabled and mentally ill, the DOL obtained a  default judgment against the husband and wife owners of the facilities for various wage and hour violations under the Fair Labor Standards Act, including an award of liquidated damages. In Perez v.…

Crackdown leaves firms wary of freelancers

From Business Insurance — “Most often, however, companies make innocent mistakes when trying to interpret labor laws — often in cases where the worker has actually asked to be treated as a contractor, say experts. “Given how complicated the tests are, there is no one thing you can do that will always be the golden bullet that…