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.

The Rise of the Freelancer

 

rise of the freelancer

 

via The Freelance Revoluion at Officing Today

Dangers of misclassifying an employee as an independent contractor highlighted once again in New York Appellate Court decision

From Lexology — “Catherin Nance provided photojournalistic services to the New York Post as an independent contractor. After the Post no longer needed her services, she sought unemployment insurance benefits from New York State arguing that the unemployment insurance law covered her because, in actuality, she performed services as an employee and not as independent contractor. The…

California: When is an Independent Contractor Actually an Employee?

From Rukin Hyland Doria & Tindall LLP — “The U.S. Department of Labor has published a worksheet that describes the factors that courts generally consider under the Fair Labor Standards Act when determining whether an employment relationship exists.  These include: 1) The extent to which the work performed is an integral part of the employer’s business; 2) Whether the worker’s…

Independent contractor or employee: Who is working for you?

From Crain’s Detroit Business — “The IRS recently developed a three-part test to determine whether a worker should be classified as an independent contractor or an employee. The test considers all information that illustrates the company’s degree of control and the worker’s degree of independence. The three categories consist of 1) behavioral control; 2) financial control and…

See No Harassment, Hear No Harassment? Not Anymore: The Fourth Circuit Holds Employer Liable for Third-Party Harassment

From Seyfarth Shaw — “an employer may be liable for third-party, non-employees who create a hostile work environment if (a) the employer knew or should have known of the harassment; and (b) failed to take prompt remedial action reasonably calculated to end the harassment.  While the U.S. Supreme Court has yet to decide this issue, the Fourth Circuit joins the…

Another Logistics and Delivery Company Found to Have Misclassified its Drivers as Independent Contractors

From the  Independent Contractor Compliance and Misclassification Legal Blog — “The Ninth Circuit set forth the governing law in California that the “right to control work details is the most important or most significant consideration.” In determining which work details are important, the Court stated that the key are those details that relate to control over “the…

Delivery drivers are employees, not independent contractors, Ninth Circuit rules

From Lexology — “In a decision issued June 16, 2014, the Ninth Circuit ruled that despite the contract terms to the contrary, delivery drivers for Affinity Logistics were employees under California law, not independent contractors.  The Court of Appeals disregarded the fact that the drivers all had independent contractor agreements, formed their own corporate entities, paid for…

Self-employment: First choice or last resort?

From Lanka Business Today in the UK, Emma Simpson tells the story of two different individuals who started their own business.  In the first story, Zandra Johnson wanted to unleash her creative side.  In the second story, Akbar Vindhani started a laundry business because he was out of work and did not see an alternative.  These two…