Nathan S. Gibson

Nathan S. Gibson is an independent contractor compliance business partner who provides clients with expertise and creative solutions to enhance workforce flexibility and maintain compliance with complex and changing worker classification requirements. He offer the ability to mitigate the risks associated with the misclassification of self-employed consultants, freelancers and independent contractors. As more companies look to independent contractors, freelancers, and self-employed workers to meet the need for specialized talent, companies face risks of worker misclassification when they lack the appropriate process and criteria for classifying a worker as an employee or independent contractor. By properly screening and evaluating independent contractors, freelancers and self-employed consultants, companies can avoid fines and penalties by ensuring compliance with state and federal requirements. Nathan provides clients with the necessary expertise and innovative solutions to maintain compliance through the delivery of Independent Contractor Risk Assessment Services and Independent Contractor Compliance and Management Solutions. He mitigates clients’ risks and help provide them with a through contingent worker solution.

Are Georgia firms cheating 1,000s of workers out of benefits, health care?

  From PolitiFact Georgia, Jon Greenberg discusses misclassification in Georgia inlcuding a case in which an administrative judge found that a company that required drivers to form limited liability companies (LLC) and paid them as independent contractors had misclassified the workers.   Jon writes: With health care policy in limbo in Washington, the politicians who would like…

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent 

insurance agent

  From JDSupra, SoRelle Brown, Adam Cohen, Kristine Ellison, Patrick Gennardo, Phillip Stano and Gail Westover discuss a recent case in which insurance agents were determined to be employees.  They write: On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes…

Is My Noncompete With an Independent Contractor Enforceable? 

  From JDSupra, Kevin Burns discusses a recent case in which the court said a non-compete agreement was not enforceable under Iowa law.  Kevin writes: The Eight Circuit recently addressed this question in Ag Spectrum Co. v. Elder, Case No. 16-3113 (8th Cir. August 2, 2017). In that case, Ag Spectrum contracted with Vaughn Elder to work as…

Why You Should Care About Compliance

Gene Zaino

  From Forbes, Gene Zaino discusses reasons why you should care about compliance.  Gene writes: Here are three reasons compliance should be top of mind for all organizations that engage independent professionals. Compliance Aids In Proper Classification Classification of independent contractors is not a clear-cut process. Federal, state and local government agencies use a variety…

Joint Employment Game Changer? Proposed Law Would Radically Alter Definition In Employers’ Favor

congress capitol hill

  From JDSupra, John Polson discusses a bill (HR 3441) which would change the definition of “joint employment” to reduce the number of parties liable for wage and hour and labor law lawsuits.  This is particularly interesting for the question of classification of a worker as an employee or independent contractor because companies are concerned about labor…

Supreme Court to Hear Oral Argument in October on Enforceability of Employment Class Action Waivers in Arbitration Agreements 

Supreme Court

  From JDSupra, Timothy Del Castillo and Joe Liburt discuss the pending oral arguments on the enforceability of arbitration agreements class action waivers.  Timothy and Joe write: In January, we reported that the Supreme Court granted review of three conflicting Court of Appeal decisions to settle the question of whether an agreement requiring that employees resolve employment-related disputes through individual…

Judge tosses U.S. Chamber lawsuit over Seattle’s Uber union law, but dispute isn’t over yet 

Seattle Skyline

  From  Geekwire,  Nat Levy reports that a Washington judge dismissed the U.S. Chamber of Commerce lawsuit challenging Seattle’s law that allows Uber and Lyft drivers to unionize.  Nat writes: Seattle’s first-of-its-kind unionization law for drivers of services like Uber and Lyft got a big win in court Tuesday when a federal judge dismissed a lawsuit brought…

Independent Contractor or Employee: Court Tackles Issue Once Again 

Pennsylvania

    From the Legal Intelligencer, Christian Petrucci, discusses a recent workers compensation case in Pennsylvania in which the court said that the 2010 Construction Workplace Misclassification Act (CWMA) could not be applied retroactively.  Christian writes: On appeal to the Commonwealth Court, the defendants argued that either the board improperly applied the CWMA retroactively or the…

Contractor fined $3.5M for workers comp, other violations 

Drywall installers

    From Business Insurance, Louise Esola reports that an Oakland contractor was fined $3.5 million for, among other things, misclassifying workers as independent contractors.  Louise writes: California regulators fined an Oakland contractor more than $3.5 million in wages and penalties for multiple wage theft and labor law violations, including worker misclassification that led to…

ACA Repeal Could Put Dent In The Number Of Gig Workers

Gig Economy

  From JDSupra, Richard Meneghello discusses a recent article which suggests that if the Affordable Care Act (ACA) is repealed, freelancers and gig workers may seek full-time employment to get health insurance. Richard writes: Bloomberg BNA reporter Madison Alder has written an eye-opening article that suggests the possible repeal of the Affordable Care Act (ACA) could force many…