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.

Proposed Law Would Protect Independent Contractors From Employment Discrimination And Wage Theft

From Forbes, Patricia Barnes reports on a bill in Congress that would extend employment discrimination protections to independent contractors. It is noteworthy for protecting independent contractors from employment discrimination even if it is unlikely to pass. Patricia writes: U.S. Rep. Eleanor Holmes Norton, D-D.C., has introduced a bill in the U.S Congress that would amend…

Dental Claims Reviewers Settle Misclassification Suit for $3.4 million

From JDSupra, Richard Reibstein reports on the settlement of a class action lawsuit alleging that dental claims reviewers were misclassified as independent contractors. Richard writes: Dental consultants including dentists and hygienists engaged to evaluate dental insurance claims have reached a proposed $3.4 million settlement of proposed class and collective action alleging wage and hour violations…

What You Need to Know About the AB 5 “Business-to-Business” Exemption 

From Lexology, Brigham M. Cheney provides an outstanding review of the “business to business” exemption from California’s AB5, the new statute that adopts the ABC standard for classifying workers as employees or independent contractors. Brigham writes: The “Business-to-Business” Exemption Is Perhaps the Narrowest AB 5 Exemption One of the exemptions in AB 5 is for…

The Dynamex Decision Is Retroactive (For Now) 

California

From JDSupra, Aaron Colby and Laura Heckathorn discuss a recent case in California in which the court said that the ABC test for determining if a worker is an employee or independent contractor which was adopted by the California Supreme Court in Dynamex, was retroactive. Aaron and Laura write: The Dynamex decision and the passage of AB…

Could 2020 Be The Year Of The California Copycats? Other States Line Up To Consider Misclassification Statutes

From Mondaq, Richard R. Meneghello discusses the possibility that California’s ABC test will be adopted by other states. Richard writes: Now, several other states have decided that they may want to consider adopting their own versions of the ABC test in the next legislative session. While we are still months away from the 2020 legislative…

When Should an Employee be a Contractor?

oil well at dusk

From Accountingweb, Ken Berry reports on a recent tax court case in which a diesel technology specialist who worked for multiple years for a company was found to be an employee. Ken writes: In a new case, McGuigan, T.C. Summary Opinion 2019-27, 9/30/19, the Tax Court examined the facts involving a worker who had a long-term relationship…

More Seniors Are Starting Home-Based Businesses. Should You?

Written by Carla Lopez Young adults dominate the entrepreneurial scene, but there’s another demographic that’s rising in the ranks of small business ownership: seniors. 42% of adults over 65 who are still in the workforce are running their own business, and another 25% intend to start one. While some older adults are launching traditional brick-and-mortar…

Slow Your Roll: Federal Law Preempts California’s Latest Assault On Employment Arbitration Agreements 

arbitration agreement with green background

From Lexology, Robin Samuel and Christina Taylor provide a superb analysis of California’s prohibition of mandatory arbitration agreements and the likelihood that the prohibition is not enforceable. Robin and Christina write: At first glance, the law appears to render mandatory arbitration in employment agreements obsolete, and many have been quick to trumpet this “sea change” in California…

Mass. DFML on Contractors “25 Covered Individuals” Threshold

Massachusetts Map

From The National Law Review, Nancy L. Gunzenhauser Popper and Anastasia A. Regne discuss when independent contractors are included under Massachusetts Paid Family and Medical Leave Act. Nancy and Anastasia write: The Massachusetts Department of Family and Medical Leave (“DFML”) has been providing on-going substantive and procedural regulations and guidance to effectuate the state’s Paid…