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.

Oklahoma Bill Would Adopt a Common-Law Test to Define ‘Employee’ for Unemployment Purposes

Oklahoma map with flag

The Coalition to Promote Independent Entrepreneurs reports that a bill was filed in Oklahoma to change the test for classifying workers for unemployment tax purposes. They write: The Coalition to Promote Independent Entrepreneurs applauds Oklahoma State Representative Mike Osburn (R-81) for pre-filing the Empower Independent Contractors Act of 2019, H.B. 1095. This bill would replace the flawed…

How to Avoid Legal Disasters at Your Side Hustle

Side Hustling on the right side of the law

These days a side job is easier than ever to get started. There are a variety of ways to pull in additional income through the gig economy.  Crafters can use virtual markets to turn their hobby into a small business. There are numerous sites for freelancers to find work. The possibilities seem endless. These side…

16 Things to Include in a California Independent Contractor Agreements 

administration-agreement-with signature line

Integrated General Counsel, p.c. shares their recommendation for what to include in an independent contractor agreement for an independent contractor working in California: In California, workers are presumed to be employees unless the employer can prove that the worker is an independent contractor. Having an independent contractor agreement can help an employer or worker show…

Why Worker Classification is Important 

MBO Partners logo

MBO Partners discusses some of the complexity of classifying workers properly as employees or independent contractors and offers guidance on how to reduce the risks of misclassifying workers. The Complications of Worker Classification Defining whether or not a worker is an independent contractor or an employee can be complicated. If you dig into the nuances of the laws,…

Supreme Court Confirms Contract Terms Control Who Decides If a Dispute Is Subject to Arbitration 

From Lexology, David W. Howenstine discusses a recent Supreme Court case in which the court said that the arbitration agreement can state who decides if an issue is subject to arbitration. David writes: In its decision, the Supreme Court adopted a strict application of the Federal Arbitration Act and rejected the so-called “wholly groundless” exception. The…

A Staffing Company’s Employee Arbitration Agreement Can Also Protect Its Clients 

From JDSupra, Jeffrey Cadle discusses a recent case in which the client of a staffing company was able to compel arbitration because of the language in the arbitration agreement between the staffing company and the worker. Jeffrey writes: Many companies require their employees to sign agreements to arbitrate any employment disputes, including claims for wages and overtime…

District court denies motion to compel arbitration because Defendant was a non-signatory to the relevant arbitration agreement and Plaintiff did not meet its burden in showing that it was acting as agent for one of the other signatories

arbitration agreement with green background

From Lexology, Laura Kelly and David Zaslowsky discuss a recent case in which a court denied a motion to compel arbitration because the defendant was not a signatory to the arbitration agreement and did now show it was an agent of the signatory. They write The court denied Sutherland’s motion to compel, reasoning that Sutherland had failed…

The Risky Business of Paying Physicians as Contractors

From Medscape, Jehan N. Jayakumar and Matthew M. Stokke discuss the challenges of paying physicians as independent contractors in California after the Dynamex decision. They write: Healthcare practices, in particular, customarily engage the services of licensed physicians and other healthcare providers as independent contractors. However, as the old adage notes: Just because everyone else is doing…