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.

Assembly Bill Codifying Dynamex Moves Forward, With Notable Exemptions

Golden gate bridge california

From JDSupra, Hazel Poei and Benjamin Tulis report on the progress of California Assembly Bill 5 which would turn the ABC standard adopted by the California Supreme Court last year into law. Hazel and Benjamin write: On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to…

Kentucky Governor Signs Senate Bill 7 Into Law Reestablishing Employment Arbitration

Kentucky map

From Fisher Phillips, Thomas Birchfield reports on a new Kentucky statute that allows employers to require arbitration agreements as a condition of employment or continued employment. Thomas writes: Kentucky Governor Matt Bevin signed into law Senate Bill 7 which brings Kentucky back in line with every other state by allowing employers to require employees to arbitrate claims…

Texas Workers Could Lose Employee Rights Under Proposed Rule For Gig-Economy Apps

From Houston Public Media, Elizabeth Trovall reports that, amidst a cloud of controversy,  the Texas Workforce Commission proposed a rule change that would make it easier to classify workers who provide services through digital apps as independent contractors. Elizabeth writes: Workers who offer home repair, food delivery and other services through digital apps could lose…

Employee Versus Independent Contractor

Civil Penalties

From The CPA Journal, Frank Messina, DBA, Bruce P. Ely, Lisa-Ann Polack, and Marena Messina provide an excellent overview of the process, tests and penalties associated with misclassifying workers as independent contractors and they provide their recommendations in a comprehensive article. They write: Classifying a worker as an employee or an independent contractor has a significant effect on…

Second Circuit holds that arbitration provision did not become part of contract where plaintiff did not have reasonable notice of it and manifest his assent to it

Arbitration with salmon background

From Lexology, Christina Cerutti reports on a case in which the arbitration language was in a link in an email after the purchase and the court said the buyer did not have reasonable notice of it and did not agree to it. This case is a reminder of the importance of having parties clearly agree…

Oil Well and Drill Site Managers Settle Misclassification Claims

oil well at dusk

From the February 2019 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein reports that oil well and drill site managers reached a settlement of their misclassification claims with Chevron Corporation. Richard writes: Well and drill site managers providing services in states including California, Texas, New Mexico and Oklahoma, have reached a $3.2 million settlement with…

California Employees Cannot be Compelled to Arbitrate PAGA Claim Without the Government’s Consent

California

From The National Law Review, Emilia A. Arutunian discusses a recent case in which the court said that a party could not be compelled to arbitrate California’s Private Attorney General Act (PAGA) claims without the government’s consent. Emilia writes: The trial court granted the arbitration petition on all causes of action except for the PAGA…