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.

SCOTUS Puts the Brakes on Arbitration: Contract Drivers Engaged in Interstate Commerce Can Litigate in Court 

From Lexology, Ariel D. Fenster, Ryan McCoy, and Esteban Shardonofsky discuss the recent Supreme Court case in which the Court said the Federal Arbitration Act (FAA) does not apply to independent contractors engaged by a transportation company. They write: Arbitration of employment claims continues to be a hot topic at the Supreme Court. In a unanimous…

“Worksite Employer” Can Enforce Arbitration Agreement Against Employee of Temporary Employment Agency

California

In this unpublished opinion, a California appellate court said that the client of a staffing agency could enforce an agreement requiring arbitration against the employee of a temporary staffing agency. While this case cannot be cited or relied upon, the reasoning and citations are instructive: California Rules of Court, rule 8.1115(a), prohibits courts and parties…

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…