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.

How Much Will AB 5 Really Change California Law?

California

From The National Law Review, Aaron H. Cole suggests that California’s enactment of AB5 doesn’t change things as much as people think. Aaron writes: Pre-AB 5: The ABC Test Has Been California’s Test Since April 2018 The real sea change occurred over a year ago in April 2018, when in a significant decision the Supreme Court of…

Will New York Be The Next Gig Economy Battlefield?

New York State

From JDSupra, Melissa Osipoff Camire suggests that New York may follow California’s lead and adopt a test similar to the ABC test that California just codified. Melissa writes: There are several signs that a similar ABC test could be coming to the Empire State. Among them: In just a few short weeks, the New York…

California AB 5: Classifying Employee or Independent Contractor

California

From The National Law Review, Chris M. Micheli provides an outstanding review of California’s recently enacted AB5 which adopts the ABC test for most workers and outlines a number of exceptions. Chris provides a through review of the new law and also shares letters from the legislator who introduced the bill and the governor. Chris…

CA Supreme Court Rules That Employees Cannot Recover Unpaid Wages Through PAGA 

California

From Employment Class Action Blog,  Joseph S. Persoff reports on a significant decision by the California Supreme Court that says that an employee cannot recover unpaid wages through a California’s Private Attorneys General Act (PAGA) claim. Joseph writes: California’s PAGA allows employees to recover civil penalties for California Labor Code violations on behalf of themselves…

CA Supreme Court Continues Its Assault On Arbitration Agreements

arbitration agreement with green background

From JDSupra, David Faustman discusses a recent case in which the California Supreme Court did not enforce an arbitration agreement because its was unconscionable. David writes: In One Toyota of Oakland v. Kho (“OTO”), the California Court struck down an arbitration agreement as “unconscionable,” and allowed an employee to proceed with administrative proceedings before the Labor Commissioner in…

How to Operate in California with Independent Contractors After AB5 Bill Is Signed Into Law

California

From JDSupra, Richard Reibstein provides an excellent summary of Assembly Bill 5, the bill that incorporates the ABC test into law. Richard writes: The latest version of Assembly Bill 5, which codifies the California Supreme Court’s Dynamex decision that was issued in April 2018, is about to become law.  Dynamex created a so-called ABC test requiring companies to satisfy…

California’s AB5: A Bill Adopting the ABC Test for Classifying Workers as Independent Contractors (with exceptions)

California

Last year, in  Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, Charles Lee et al, Case No. S222732, the California Supreme Court adopted a new standard — the ABC test — for determining if a workers is an employee or independent contractor. The Court said: Under this test, a worker is properly considered…

Minneapolis Council wants to expand wage theft protections to gig workers, independent contractors 

From MinnPost,  Jessica Lee reports on efforts by Minneapolis City Council members to protect workers classified as independent contractors. Jessica writes: Council members Steve Fletcher (Ward 3) and Linea Palmisano (Ward 13) are developing a set of new guidelines to give Minneapolis’ Department of Civil Rights authority to help for-hire workers — think construction crews, app-based workers, freelance artists, handymen or other gig…

MI Legislation: Wage Theft, Independent Contractors, Noncompetes

Michigan Map

From The National Law Review, Christopher Mikula review proposed legislation in Michigan includes a bill to adopt the ABC test for classifying workers as independent contractors and imposing additional penalties for misclassifying workers. Chris writes: The new legislation would make employee-friendly modifications to several Michigan statutes, including the Payment of Wages and Fringe Benefits Act (PWFBA),…