Independent contractor carveout changed in North Carolina 10/10/17

By L. Michael Zinser, The Zinser Law Firm

We have been writing for months about the never-ending saga of legislative attempts to remove from North Carolina law a provision in the workers' compensation law that presumes newspaper carriers are independent contractors. This presumption has been very valuable since it was passed almost two decades ago. Since that time, there has not been a single reported independent contractor versus employee case in the workers' comp arena in the state of North Carolina.

MORE

One-of-a-kind, N.C. newspaper carrier-contractor statute is repealed 10/10/17

By John Bussian, The Bussian Law Firm

Fending off another attack by industry opponents in the Oct. 4 special session of the N.C. General Assembly, the North Carolina Press Association stopped an effort to presume all newspaper carriers in the state to be employees, subject carriers to state workers comp and unemployment insurance taxes, and create a new test for independent contractor status.

MORE

NC Legislature adjourns September special session without harming legals or carriers 9/12/17

By John Bussian, The Bussian Law Firm

Far from the sky falling, North Carolina's legal advertising and independent contractor-newspaper carrier climate remains intact. The leadership of the North Carolina General Assembly acted responsibly, with encouragement from the North Carolina Press Association and many SNPA members, to leave N.C. law unchanged.

MORE

Latest updates on N.C. legislative presumption 8/8/17

By L. Michael Zinser, The Zinser Law Firm

As previously reported, North Carolina newspapers have been fighting to maintain the tremendous advantage they have enjoyed in Workers' Compensation legislation for the last 20 years, in the form of a legislative presumption of independent contractor status for newspaper carriers.

At the very end of the legislative session on June 28, a modified version of H.B. 205 passed in both Houses. This bill would have removed the legislative presumption. Fortunately, on July 17, Governor Roy Cooper vetoed the new legislation.

MORE

NC governor vetoes bill to remove independent contractor presumption 7/18/17

By L. Michael Zinser, The Zinser Law Firm

On Monday, July 17, North Carolina Governor Roy Cooper vetoed legislation that would have removed the independent contractor presumption that the state's newspaper industry has enjoyed for the last 20 years. As previously reported, the presumption was removed on June 28 when a modified version of House Bill 205 passed in a midnight session of the Legislature.

MORE

President Trump moves to fill two NLRB vacancies 7/11/17

By L. Michael Zinser, The Zinser Law Firm

On June 28 President Trump formally nominated both Marvin Kaplan and William Emmanuel to fill the two Republican vacancies on the National Labor Relations Board. At the present time, the NLRB has a 2-to-1 pro-union, Democratic majority. These two nominees, once confirmed, will then shift the Board to a 3-to-2 Republican majority.

MORE

North Carolina newspapers lose legislative presumption 7/10/17

By L. Michael Zinser, The Zinser Law Firm

Passage of a new bill removes a tremendous advantage North Carolina newspapers have enjoyed in Worker's Compensation litigation for nearly two decades.

The bill removes a legislative presumption of independent contractor status for newspaper carriers under the state's Workers' Compensation law.

MORE

Can newspapers recruit independent contractors on Monster.com? 5/17/16

The following Legal Hotline question was addressed by L. Michael Zinser of The Zinser Law Firm

Question: Our Circulation Department wants to place an ad on Monster.com in an effort to attract prospective individuals to enter into Independent Contractor Agreements to deliver newspapers. The Monster.com template is not set up to recruit independent contractors. Should I be concerned about using Monster.com or other online job posting sites?

Click MORE to read the response from Michael Zinser of The Zinser Law Firm.

MORE

Can insurance carriers in N.C. require us to cover independent contractors? 3/8/16

The following Legal Hotline question was addressed by L. Michael Zinser of The Zinser Law Firm

Question: Our newspaper is located in North Carolina. Our business insurance carrier is insisting that we cover our independent contractor newspaper carriers for Workers' Compensation – or it will provide no business insurance whatsoever. Are you seeing this with other insurance carriers? Further, if we do cover the independent contractors for Workers' Compensation, will this jeopardize our legal status?

Click MORE to read the response from Michael Zinser of The Zinser Law Firm.

MORE

Company e-mail address Q&A 6/15/15

The following Legal Hotline question was addressed by L. Michael Zinser of The Zinser Law Firm
Question: An independent contractor salesperson has inquired whether it would be possible for him to get a company e-mail address to use when selling. He thinks it would give him more credibility. Is this something that we can do?

Click MORE to read the response MORE