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.

GIg Economy Workers Deserve Benefits

Washington map

  From Fortune,  Monica Stonier, a Washington state representative, makes a case for offering benefits to independent workers.  Monica writes: From Amazon(AMZN, -0.42%) and Microsoft(MSFT, +1.13%) to Expedia(EXPE, -0.39%) and Intel(INTC, +0.85%) , my home state of Washington is headquarters to many of the world’s leading technology firms. The tech industry is the one of the largest employers in the state—an engine that is…

Calif. Labor Commissioner Sides with Drivers on XPO Driver Wage and Hour Claims

view of a truck from the front

  From Top Class Actions, Tamara Burns discusses the cases of alleged misclassification in California of drivers.  Tarama writes: Earlier this year, the California Labor Commissioner ruled that several drivers classified as independent contractors by XPO Logistics were misclassified, according to an article by PR Newswire. The Labor Commission granted awards to four port and rail drivers,…

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers 

PAUSE

  From JDSupra, Richard Meneghello discusses the 9th Circuit Court of Appeals’ pause on misclassification pending the Supreme Court’s decision on class action waivers.  Richard writes: The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme…

Independent Contractor Status And The ABC Test

fireworks

  From JDSupra, Mark Tabakman discusses a recent New Jersey case in which pyrotechnicians were determined to be independent contractors.  Mark writes: I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and…

Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement 

Signing a document

  From JDSupra,  Gretchen Jewell discusses a recent case in which the 11th Circuit Court of Appeals upheld an arbitration agreement.  Gretchen writes:   The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative…

Why the Supreme Court’s “Big” Case on Class Action Waivers May Have Little Impact on Some Companies Including Those Using Independent Contractors 

arbitration definition

  From JDSupra, Richard Reibstein discusses the Supreme Court’s taking a look at whether class action waivers in arbitration agreements violate the NLRA and argues that an arbitration with a class action waiver may be enforceable anyway if it provides an opt-out clause that allows the worker to opt out of arbitration within a specified period…

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

United States Supreme Court

  From JDSupra, David Baffa, Noah Finkel, and Andrew Scroggins discuss the NLRB’s position in the case before the Supreme Court. They write: In the most dramatic moment of the morning, the NLRB’s General Counsel Richard Griffin made a significant admission.[1] In response to a series of questions by a skeptical Chief Justice Roberts, Griffin to agree that…

Safe Harbor Designation for Independent Professionals Good for the US 

harbor

  From the Staffing Stream, Gene Zaino discusses the value and importance of creating a safe harbor for independent professionals and MBO’s terrific recommendation for a Certified Self-Employed (CSE).  Gene write: MBO Partners has developed a working model for this safe harbor, dubbed Certified Self-Employed (CSE). The goal of such a designation is twofold: first, to remove roadblocks impeding the…

California Labor Compliance Lawsuit Expected to Settle for $2.75 Million

California

  From California Labor News, Gordon Gibb reports on a settlement of claims alleging workers were misclassified as independent contractors.  Gordon writes: AT&T has been battling a compliance lawsuit for some time, defending itself against plaintiffs in a nationwide FLSA collective alleging AT&T misclassified them as independent contractors and thus, stiffed them out of overtime. The slight is deemed…