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.

Appeals Court Allows IC Misclassification Suit by Models to Proceed

From JDSupra, Richard Reibstein reports on a lawsuit by models alleging they were misclassified as independent contractors. A recent decision vacated summary judgment in favor of the company and allows the case to proceed to trial. Richard writes: APPEALS COURT VACATES DECISION DISMISSING IC MISCLASSIFICATION LAWSUIT BY FIT MODELS, ALLOWING THEIR CLASS ACTION TO PROCEED…

9th Circuit Puts Brakes on Joint Employment Claims 

From JDSupra, Ellen Boshkoff, Kerry Bundy , and Andrew Murphy discuss a recent case in which the court said McDonald’s was not a joint employer in California. Ellen, Kerry and Andrew write: In a significant opinion, the U.S. Court of Appeals for the 9th Circuit ruled that McDonald’s Corporation was not liable as a joint…

Illinois sponsor of minimum wage bill looks to aid ‘gig economy’ workers, too

Illinois

From Crain’s Chicago Business, Greg Hinz reports that an influential Illinois representative is considering legislation to help gig workers. Greg writes: A key Illinois lawmaker says he’s preparing to follow the lead of California, which recently adopted legislation to require that workers for Uber and others in the “gig economy” be legally treated as employees rather than independent contractors.…

Trucking company to pay New Jersey $1.25 million over misclassification

Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports on a million misclassification penalty: Trucking company Eagle Intermodal Inc. agreed to pay $1.25 million to New Jersey in unemployment and disability contributions after misclassifying its workers as independent contractors for more than a decade, the New Jersey Department of Labor and…

California Dreaming, California Nightmare – 3 Takeaways From California’s Controversial Independent Contractor Bill Becoming Law 

From JDSupra, Robert Cocchia, Cynthia Jackson, Sandra McCandless, Nick Pujji, and Peter Stockburger offer three terrific takeaways from the enactment of California’s AB5. They write: Takeaway No. 1 – Audit Your Independent Contractor Agreements Now Now that AB 5 has been signed into law, and the retroactivity of the law is codified, it’s critical to…

California Governor Says Gig Unions Are On The Way As He Signs ABC Test Into Law 

From Mondaq, Richard R. Meneghello reports that Governor Newsom of California intends to allow gig workers to form unions. Richard writes: Specifically, Newsom states that he intends to convene legislative leaders along with organized labor and the business community to “grant workers excluded from the National Labor Relations Act the right to organize and collectively bargain.”…

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

From Littler Mendelson P.C., Patrick Stokes, Jim Paretti, Michael Lotito and Bruce Sarchet discuss the apparent interpretation of California’s AB5 and whether it applies to joint employment situations (for example, a franchisor/franchisee relationship) if the worker is an employee of the franchisee. Patrick Jim and Michael write:   Several developments during the past three weeks appear…

AB 5 Becomes Law: California Limits the use of Independent Contractors by Employers 

California

From JDSupra, Kelly Scott reports that California’s AB5 was signed by the governor and provides a terrific summary of the bill. Kelly writes: On September 18, 2019, Governor Newsom signed Assembly Bill 5, thereby establishing a law that purports to prevent the misclassification of employees as independent contractors and provide “basic rights and protections they…

NYC extends Human Rights Law to freelancers, group gains protections against discrimination, harassment

Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports that New York City is extending protections  against discrimination and harassment to freelancers and independent contractors: New York City’s Human Rights Law is being expanded to include freelancers and independent contractors following the New York City Council’s vote on Sept. 12 to…