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.

If Exotic Dancers Aren’t Independent Contractors, Who Is?

From Mondaq:  Connecting Knowledge and People “It is far better to internally uncover and proactively address misclassification issues, rather than to learn about them for the first time in a government audit or lawsuit. Based on the technical nature of assessing whether employees are properly classified, as well as evaluating the potential for significant liability…

Employee vs. Independent Contractor: Ensure Proper Classification of Workers

From Meyers, Harrison & Pia, LLC. — “A recent Forbes personal finance article “Independent Contractor Enforcement: There’s More Than The IRS To Fear” discusses a topic of relevance to today’s business world. The issue at hand is who is classified as an employee versus classification as an independent contractor. Recently, the United States Labor Department has undertaken investigations…

Worker misclassification still a problem in Texas

From the ICon Professional Services’ Blog. “As this blog wrote last month, the state government of Texas just passed a new law that would increase penalties for independent contractor misclassification on public works contracts. While many consider this to be a step in the right direction when it comes to cracking down on this practice, others argue that there…

Employee or Independent Contractor? The Risks of Making A Wrong Decision Grow

From California Peculiarities Employment Law Blog —  “Employers use independent contractors instead of employees for a variety of reasons and under a variety of circumstances.  The decision to use independent contractors has never been without risk, including the risk of class action lawsuits.  However, the stakes in California for misclassifying independent contractors were raised significantly when new…

Independent contractor status dependent on more than one factor, says second Colorado court

From  Lexology — “A second division of the Colorado Court of Appeals has just rejected a stringent, single-factor test for determining whether a worker is an employee or independent contractor for purposes of receiving unemployment insurance benefits. On May 8, 2014, a division of the Court of Appeals issued a decision in an unemployment insurance tax liability…

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

From Holland & Knight — “Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as independent contractors rather than employees. A misclassification, coupled with a failure to pay overtime, can result in liability for treble damages plus…

Independent Contractor Compliance: What Employers Need to Consider

From TLNT:  The Business of HR “Independent workers – whether they’re called independent contractors, freelancers or the self-employed – continue to be a significant factor in the American economy. According to Randstad’s Workforce 360 study, 43 percent of the workforce says they are interested in pursuing non-traditional work arrangements, and more than 2.6 million workers…

Massachusetts Independent Contractor Law

Massachusetts blue map

From Morse Barnes-Brown Pendleton, Robert Shea discusses the Massachusetts Independent Contractor Law.  Bob discusses worker classification under federal law and then the various Massachusetts state law tests: Worker Status under Massachusetts Law The Unemployment Compensation Law Test Massachusetts is among nineteen states that have a three-part test for determining worker status for unemployment compensation purposes.…

Wage Theft Is Grim Business | Rory Lancman

From the Huffington Post — “A 2007 study by Cornell University’s School of Industrial and Labor Relations found that in New York state alone, nearly 40,000 employers misclassified over 700,000 employees as independent contractors, including nearly 15 percent of the state’s construction workforce — that’s 700,000 people left out in the cold when it comes…

Declaring Independent Workers

From HRO Today — Working with independent contractors is a great strategy to fill the need for special skills, benefit from the experience of specialists for distinct projects, and provide flexibility and cost savings. With the increasing population of highly skilled self-employed workers, it is critical that organizations embrace the free agent movement and be prepared…