Author: Nathan S. Gibson

With deep experience in the temporary staffing industry, Nathan helps companies manage risk, increase compliance, and navigate complex legal requirements. Nathan provides clients with expertise and creative solutions to enhance flexibility and maintain compliance with changing requirements.
Posted in Misclassification

Whistleblower Claims Failed Because ER Doctor Was an Independent Contractor

From SHRM, Rosemarie Lally, J.D., discusses a recent case in which an independent contractor was not able…

Posted in National Labor Relations Act (NLRA)

NLRB Issues Unfair Labor Practice Complaint Alleging Misclassification of Independent Contractors Is a Stand-Alone Unfair Labor Practice

From JDSupra, Richard Reibstein discusses a complaint issued by a regional office of the Natiaonl Labor Relatios Board…

Posted in ABC New Jersey

The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law

From JDSupra, Mark Tabakman discusses a pending case in New Jersey which will address what it means…

Posted in Arbitration

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

From JDSupra, Robert Gilmore and Hannah Kraus discuss the House’s passage of a bill that would prohibit…

Posted in Misclassification

Massachusetts High Court Deals Blow to Franchisors Seeking Judicial Exemption from That State’s Strict Independent Contractor Test, But All Is Not Lost 

From JDSupra,,Richard Reibstein discusses a recent case in which the U.S. Court of Appeals for the First…

Posted in Misclassification

Court orders home healthcare agency to pay more than $430K in back wages, damages, penalties for misclassifying workers

The United States Department of Labor reports that a home healthcare staffing agency was ordered to pay…

Posted in Misclassification

Federal Court Decision Protects Independent Contractor Status

From JDSupra, Maury Baskin, Robert Friedman, Michael Lotito, Sean McCrory, and James Paretti, Jr. discuss some of…

Posted in Misclassification

Benefits Issues That Arise Upon Misclassification of Employees 

From JDSupra, Stephen Gilles provides an outstanding review of some of the issues that arise surrounding benefits ifa …

Posted in Misclassification

Federal Court Reinstates Trump-Era Independent Contractor Rule

From JDSupra, Paul DeCamp discusses the reinstatement of the Trump administration independent contractor rule by a federal judge….

Posted in Misclassification

Federal Court Reinstates Trump Era Independent Contractor Test Rule

From JDSupra, Sara Zorich discusses the recent court decision which reinstates the independent contractor rule adopted by…

Posted in Illinois

US Department of Labor serves up $188K in back wages, damages for 104 workers at three Chicago pizzerias as employer tries to defy investigators 

Sarpinos also pays $75K penalty for violating FLSA for second time in six years CHICAGO – While Sarpino’s…

Posted in Misclassification

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

From JDSupra, J. William Manuel and Anne Yuengert discuss a recent case in which a security guard …