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.

Evers announces members of worker misclassification task force

Wisconsin - blue map

From The Daily Reporter, Nate Beck reports that Wisconsin’s governor has named the members of a worker misclassification task force that will look at how Wisconsin addresses misclassification of workers as independent contractors instead of employees. Nate writes: Gov. Tony Evers on Friday announced appointments to a task force that will examine worker misclassification and…

Enforceability of an Arbitration Clause in an Employment Contract

man signing a contract

Written by Roxana. Most employers make their employees sign an employment contract when they hire them. These employment contracts usually contain, among other terms, an arbitration clause.  This clause precludes an employee from suing the employer in court for wrongful termination of employment, discrimination or any other violation under the agreement. It prescribes arbitration as…

New Jersey Wage Deduction Class Action Revived By Appellate Division: More Independent Contractor Fallout 

From JDSupra, Mark Tabakman discusses a recent case in which the court found deductions for workers compensation were improper because the workers were misclassified as independent contractors. Mark writes: When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees.  Sometimes, if those individuals…

Court Holds that Arbitration Clause in “Hybridwrap” Terms Is Unenforceable 

From JDSupra, Aaron Rubin discusses a case in which an arbitration agreement allegedly agreed to by clicking an “Continue” button was not enforced. Aaron writes: When Anand navigated through the www.retailproductzone.com website in 2017, the words “I understand and agree to the Terms & Conditions which includes mandatory arbitration and Privacy Policy” were displayed above a “Continue” button.…

9th Circuit Asks California High Court When Independent-Contractor Test Applies

California

From the Society for Human Resource Management (SHRM), Lisa Nagele-Piazza, J.D., SHRM-SCP discusses the Ninth Circuit Court of Appeals request that the California Supreme Court address whether the Dynamex decision should be applied retroactively. Lisa writes: Does California’s stringent independent-contractor test apply retroactively, or only to new misclassification claims? The 9th U.S. Circuit Court of…

Don’t Overreach by Retaining the Unilateral Right to Modify An Arbitration Agreement

From JDSupra, Shep Davidson discusses a case in which the court said an arbitration agreement was not enforceable because it allowed one party to unilaterally change the agreement. Shep writes: Even though the 2011 Agreement plainly stated that disputes arising out of it “shall be resolved by arbitration,” McNamara opposed Green Smoke’s motion because, among…

California Supreme Ct. to Decide if Dynamex Ruling Retroactive

California

From The National Law Review, David Prager of Epstein Becker & Green, P.C. reports that the 9th Circuit Court of Appeals has withdrawn its opinion that the Dynamex decision applies retroactively and has certified the question for the California Supreme Court. David writes: As we have previously written, the California Supreme Court’s decision in Dynamex Operations West,…

Referees Settle Independent Contractor FLSA Action: No “Penalty” For Either Side 

From JDSupra, Mark Tabakman discusses a settlement from a case alleging that referees were misclassified as independent contractors. Mark writes: The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that engages these referees has agreed…

Texas Rule on “Gig Workers” Takes Effect

From Epstein Becker Green, Susan Gross Sholinsky, Greta Ravitsky, Kevin R. Vozzo, and Christopher R. Shur provide a great summary of the new rule in Texas for contractors that work through a digital platform. Susan, Greta, Kevin and Christopher write: Historically, the TWC used a 20-factor test to differentiate between employees (who are eligible for…