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.

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…

Mislabeling construction workers as contractors draws federal scrutiny

From the Houston Chronicle — “Betty Campbell, the Labor Department’s deputy regional administrator for wage and hour in Dallas…said the pervasive practice of misclassifying employees as independent contractors deprives them of the right to earn minimum wage and overtime as well as protection offered by such federal laws as the Family and Medical Leave Act and Americans…

9th Circuit Shows No Affinity For Independent Contractor Status In Delivery Drivers

From Mondaq Employment and HR “In Ruiz v. Affinity Logistics Corporation, the Court of Appeals rejected the district court’s conclusion that Affinity’s drivers were independent contractors, a decision the district court had reached based on the fact that the drivers had established their own businesses, obtained their own Employee Identification Numbers, signed independent contractor agreements, and…

Tenn. Labor Department Expands Efforts To Uncover Misclassification of Workers as Independent Contractors

From the Chattanoogan.com — “The Workers’ Compensation Division of the Tennessee Department of Labor & Workforce Development has put into place new procedures to identify employers who engage in payroll fraud such as intentionally misclassifying workers as independent contractors, failing to report all wages paid, misrepresenting the kind of work performed, or paying workers “under the table.” These…