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.

Second Circuit holds that arbitration provision did not become part of contract where plaintiff did not have reasonable notice of it and manifest his assent to it

Arbitration with salmon background

From Lexology, Christina Cerutti reports on a case in which the arbitration language was in a link in an email after the purchase and the court said the buyer did not have reasonable notice of it and did not agree to it. This case is a reminder of the importance of having parties clearly agree…

Oil Well and Drill Site Managers Settle Misclassification Claims

oil well at dusk

From the February 2019 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein reports that oil well and drill site managers reached a settlement of their misclassification claims with Chevron Corporation. Richard writes: Well and drill site managers providing services in states including California, Texas, New Mexico and Oklahoma, have reached a $3.2 million settlement with…

California Employees Cannot be Compelled to Arbitrate PAGA Claim Without the Government’s Consent

California

From The National Law Review, Emilia A. Arutunian discusses a recent case in which the court said that a party could not be compelled to arbitrate California’s Private Attorney General Act (PAGA) claims without the government’s consent. Emilia writes: The trial court granted the arbitration petition on all causes of action except for the PAGA…

A Tale of Two $100-Million Dollar Independent Contractor Misclassification Settlements

Photo by Dan Gold on Unsplash

From JDSupra, Richard Reibstein compares the recent settlements of misclassification lawsuits reached by Uber and Swift. Richard writes: As reported in our blog post on April 22, 2016, Uber Technologies had reached a $100-million dollar proposed settlement with about 385,000 drivers in California and Massachusetts; $84 million was guaranteed and another $16 million would be added if…

Swift agrees to $100 million settlement in misclassification lawsuit

From Land Line Mag.com, Mark Schremmer reports that Swift Transportation Company settled a misclassification lawsuit with drivers after the United States Supreme Court issued the New Prime v. Oliveira, decision saying that companies can’t compel truck drivers to arbitration claims because they were exempt from the Federal Arbitration Act (FAA). Mark writes: Swift has agreed…

Contractor Agreements Not Worth The Paper They’re Printed On, Part 785

Contractor's agreement

From Fisher Phillips, Richard Meneghello discusses a recent case in which the actual relationship between a company and a worker was inconsistent with the independent contractor agreement and the court relied on the actual relationship to make its decision. Richard writes: In the court’s February 8 opinion, however, it noted that the agreement was relevant,…

The Importance Of Independent Contractor Satisfaction — And Four Ways To Achieve It

From Forbes, Gene Zaino discusses why it is important to keep independent contractors happy (including avoiding misclassification lawsuits) and how to achieve it. Gene writes: 1. Legal Ramifications One of the most important reasons to prioritize independent talent satisfaction is based in compliance. “Independent contractor” is a IRS-designated term, and independent contractors cannot be engaged…

7-Eleven’s franchise agreement can’t dictate contractor status, 9th Circuit says 

7 Eleven sign

From HRDive, Lisa Burden discusses a recent decision by the Ninth Circuit Court of Appeals which said that the franchise agreement did not determine how workers were properly classified. Lisa writes: A trial court incorrectly focused on a franchise agreement between 7-Eleven and its franchisees when it considered a claim involving misclassification; instead, it should…

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor Standards Act

Engineer near oil well

From JDSupra, Lionel Schooler reviews a recent decision in which highly skilled directional driller consultants were held to be properly classified as independent contractors. Lionel writes: Criteria Used to Evaluate Independent Contractor Status. The United States Court of Appeals for the Fifth Circuit interjected itself into this ongoing skirmish last week in Parrish v. Premier Directional…