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.

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…

The independent contractor: to be or not to be

From Lexology — The story is a familiar one: employer engages services of an independent contractor, subsequently terminates those services, and the independent contractor files a claim for unemployment insurance benefits. The employer responds to the unemployment insurance claim by stating that the individual is not entitled to benefits because he or she is an…

N.H. subcontractor cited for worker misclassification in Mass.

From the New Hampshire Business Review — Universal Drywall LLC, a New Hampshire company working as a subcontractor on the Job Corps Center project in Manchester, misclassified workers as independent contractors in Massachusetts to gain an unfair advantage over competitors who obeyed the law, according to a suit filed last week by the Massachusetts attorney…

With No Fanfare, Congress Re-Introduces the Payroll Fraud Prevention Act of 2014 to Crack Down on Independent Contractor Misclassification

From the Independent Contractor Compliance and Worker Misclassification Legal Blog — Most bills in Congress dealing with independent contractor misclassification are introduced with a great deal of fanfare. But not so with the Payroll Fraud Prevention Act of 2014, which was introduced on May 8, 2014 and released to the public earlier today. The bill was sponsored…