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.

New Jersey Is About to Take Another Step Towards Eliminating the Use of Independent Contractors by Providing Them with Benefits

Map Of New Jersey 3d Shape

From FordHarrison, Salvador P. Simao reports that New Jersey may be about to enact a law that would provide benefits to independent contractors and funds through contributions from the entities that hire independent contractors. Salvador writes: Executive Summary: The New Jersey Legislature appears poised to pass S67, the Portable Benefits Act for Independent Contractors, in the…

Court Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In New Prime Arbitration Battle 

From Mondaq, Richard R. Meneghello discusses the recent Massachusetts case which found that a DoorDash driver was not a “transportation worker” under the Federal Arbitration Act (FAA), was not entitled to the transportation worker exemption, and therefore an arbitration agreement between DoorDash and its driver should be enforced. Richard writes: U.S. District Court Judge Indira…

Do I Need to Use an Employment Contract?

Written by Roxana Employment contracts are lawfully needless. Small industries achieve fewer employees as compared to large businesses. Also, they are often startup business persons operate their processes with individuals they are aware of, so agreements might not seem almost essential moreover. Though the requirements of your industry might modify as it increases, and contracts…

IL Passes Workplace Transparency Act 

Illinois

From JDSupra, Kevin Kelly reports on the Illinois Workplace Transparency Act that extends protections from harassment to independent contractors. Kevin writes: The Illinois Workplace Transparency Act (the Act), which passed the Illinois legislature in May and is effective January 1, 2020, amends the Illinois Human Rights Act in numerous ways with the goal of strengthening…

AB 5 Update: Joint Employment, Retroactivity, and Implementation Challenges

California

From Lexology, James A. Paretti, Jr., Bruce J. Sarchet, Michael J. Lotito and Patrick Colin Stokes discuss recent California cases that address joint employment and retroactivity of the ABC test under Dynamex. The write: Joint Employer Status. On October 8, 2019, the California Appeals Court for the First Appellate District held that Dynamex is limited in its application to whether a worker…

Three States Improve Independent Contractor Status Protection with New Laws 

From the Insights Association, Howard Fienberg reports on three states who changes their laws from the ABC test to the IRS’ 20 factor “common law” test. Howard writes: The Insights Association helped Arkansas, Oklahoma, and Tennessee approve changes this year harmonizing their treatment of independent contractors, including respondents who receive incentives for their participation in research…

It’s Not Just California with an Employee-Friendly Worker Misclassification Test: Massachusetts was an Early Adopter 

From JDSupra, Michelle Roberts Gonzales, David Mitchell, and Jody Newman remind readers that Massachusetts uses the ABC test to classify workers as employees or independent contractors. They write: The legal community paid close attention to the California Supreme Court’s 2018 Dynamex decision which adopted a strict test to curtail misclassification of workers as independent contractors. Now that…

Common Mistakes Companies Make With Gig Economy Workers 

From JDSupra, Atticus Lee, Stephanie Peet, and Dana Weisbrod discuss common mistakes companies make engaging with gig workers including misclassifying them. They  write: Misclassifying Gig Economy Employees as Independent Contractors under Federal Law The legal definition of an independent contractor changes depending on the jurisdiction and between federal statutes, such as Title VII of the…

California Appellate Court Applies Dynamex Retroactively

California

From JDSupra, Ross Boughton, Daniel Lyman, and Noah Woo discuss a recent California appellate case in which the court said that the ABC test adopted by the Dynamex court should be applied retroactively. They write: On October 8, 2019, the Court of Appeals for California’s Second Appellate District in Gonzales v. San Gabriel Transit, Inc., et al.,…

Federal Court in Massachusetts Halts DoorDash Driver’s Claims, Greenlights Arbitration

From Lexology, Jillian Hart and Robert O. Sheridan discuss a Massachusetts case in which the court said a driver for DoorDash was not a transportation worker and was not able to take advantage of the exclusion under the Federal Arbitration Act for transportation workers. As a result, the arbitration agreement he signed was enforceable. Jillian and Robert…