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.

Gig economy: California bill granting employee status passes assembly

California

From The Guardian, Kari Paul reports that the California assembly passed a bill that would formalize the California Supreme Court’s adoption of the ABC test for classifying workers as employees or independent contractors. Kari writes: The state assembly in California passed legislation on Wednesday that would require employers to recognize hundreds of thousands of gig workers as…

Indiana seeks study to collect unpaid employment taxes

Indiana

From the Chicago Tribune, Craig Lyons reports on Indiana’s efforts to collect lost unemployment taxes when workers are misclassified as independent contractors. Craig writes: A legislative study committee will look at worker misclassification and how to deal with potential lost revenue to the state. A study done by the Building Trades and Construction Council estimates…

Labor Department Faces Blowback After Gig Economy Opinion Letter 

eal_of_the_United_States_Department_of_Labor

From JDSupra, Richard Meneghello discusses Congressional feedback on the Department of Labor’s Opinion Letter. Source: Labor Department Faces Blowback After Gig Economy Opinion Letter | Fisher Phillips – JDSupra Related posts: US Department of Labor signs agreement with Nebraska Department of Labor to protect workers from misclassification   The United States Department of Labor announced…

Court Rules: Continued Employment Supports Consent To Arbitrate

arbitration agreement over map of the world

From Lexology,  Debra Urteaga and Roland M. Juarez discuss a recent case in which the court said that by continuing to work, an employee consented to an arbitration agreement Debra and Roland write: On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee impliedly consents…

NLRB Releases Advice Memos On Gig Workers, Inflatable Critters, And More 

national labor relations nlrb logo

From JDSupra, Robin E. Shea discusses several memos released by General Counsel of the National Labor Relations Board (NLRB) including the memo saying that Uber drivers were independent contractors. Robin writes: The Uber-memo. This one is probably the most significant of the bunch, and it is relatively recent (dated April 16 of this year). The General Counsel concluded…

New Maryland Law Expands Harassment Claims For Employees And Independent Contractors

Maryland

From Kalijarvi, Chuzi, Newman & Fitch, P.C.,  Michael Robinson reports on a new Maryland statute that extends protections against harassment to independent contractors. Independent contractors are not protected by Title VII of the Civil rights Act of 1964 and their only recourse is state law. Michael reports that Maryland not protects independent contractors against harassment.…

The future for Uber drivers won’t be decided by the US government

Smiling Uber driver with two passengers

From Quartz, Alison Griswold discusses the National Labor Relations Board (NLRB) memo that said that Uber drivers are independent contractors but notes that local ordinances are more likely to affect the classification of Uber drivers as employees or independent contractors. Alison writes: The NLRB ruling is a blow to people who believe Uber drivers are…

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors 

From JDSupra, Richard Meneghello discusses the National Labor Relations Board’s General Counsel advice memo that said Uber drivers were independent contractors. Richard writes: Today, however, gig companies are feeling the good kind of whiplash after the National Labor Relations Board’s General Counsel released an advice memo concluding that a group of Uber drivers are properly classified as…