An icon of truth and justice, but when it comes down to business, it is aggressive and relentless.
Independent Contractor Law
The Zinser Law Firm, P.C. has vast experience representing Companies on legal issues involving whether individuals are employees or independent contractors. We have handled this issue in 40 of the 50 states.
Our expertise includes:
Drafting Independent Contractor Agreements – The very first exhibit entered into evidence is the written Independent Contractor Agreement. This is a very important document to prove independent contractor status. Our firm has drafted hundreds of these Agreements. The written Agreement is the cornerstone of a successful independent contractor defense.
Pre-Litigation Advice – Preventative legal medicine is the most important service our firm provides to our clients. Given the opportunity to advise a client on the front ened, our firm can prevent costly litigation.
Defending Independent Contractor Status – Our firm has defended independent contractor status in many litigation forums.
National Labor Relations Act – Our firm has successfully proved independent contractor status before this agency, precluding individuals from being eligible to join or form labor unions. In St. Joseph News-Press (2005), we represented the newspaper in a nationally watched NLRB case ruling that newspaper carriers are independent contractors and not eligible to join unions.
Title VII of the Civil Rights Act of 1964 – Our firm has successfully filed Motions for Summary Judgment resulting in independent contractor findings, precluding the individuals from pursuing discrimination cases. In Mouton v. The Daily Advertiser (2004), our firm obtained summary judgment that newspaper carrier was independent contractor for Title VII purposes.
Unemployment Compensation Law – The issue arises in the context of a claim for unemployment benefits or an attempt by state government to require a Company to pay unemployment taxes on the contract fees paid to independent contractors. Our firm has successfully proven independent contractor status in many states, saving Companies hundreds of thousands of dollars in unemployment taxes. In USA TODAY (2006), our firm represented the newspaper in California, successfully obtaining a ruling from the Employment Development Department that its newspaper carriers throughout the State of California are independent contractors for unemployment compensation tax purposes.
Workers’ Compensation Law – As a general rule, independent contractors are not eligible for Workers’ Compensation and Companies do not cover them for Workers’ Compensation insurance. Our firm has successfully defended independent contractor status against claims for Workers’ Compensation and claims by insurance companies that contractors should be covered for purposes of Workers’ Compensation. In Mejia v. Rockford Register Star (2001), our firm successfully proved that a newspaper carrier was an independent contractor for purposes of Illinois Workers' Compensation law.
Tort Cases – When independent contractors are involved in an automobile accident, the plaintiff often takes the position that the contractor is, in fact, an employee – attempting to shift liability to the Company. Our firm has also successfully represented Companies around the country, proving independent contractor status and shielding them from liability for the accidents of the independent contractors.
Legislative Assistance – Our firm has assisted many State Press Associations and Newspaper Associations in drafting legislation to make it easier to prove independent contractor status. Lawyers from our firm have presented testimony before state legislatures, including Nevada and Vermont, to stop the implementation of bad legislation and/or administrative rules. Most recently, the firm assisted the New York News Publishers Association in drafting legislation to smooth the way in proving independent contractor status in the Unemployment Compensation, Workers’ Compensation, and Wage and Hour laws. To read more about this legislative victory, click here.
Fighting for the rights of Management since 1989!
The Zinser Law Firm, P.C.
1531 Hunt Club Blvd Suite 310
Gallatin, TN 37066
“Mike Zinser, the best labor lawyer in the country, showed me how to zealously represent clients and still maintain ethical principles.”
Mark Hinueber, Past Vice President and General Counsel, Stephens Media Group
This is an advertisement. Certification as a labor and employment law specialist is not currently available in Tennessee.
The Zinser Law Firm, P.C. limits its practice to the representation of Management.
The Zinser Law Firm, P.C. does not retain clients on the strength of advertising materials alone, but only after following our own engagement procedures (e.g. interviews, conflict checks, retainer agreements). Information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems on the basis of information contained herein. Members of the public are strongly advised to seek competent legal counsel before relying on information contained or learned herein. This site is maintained by The Zinser Law Firm, P.C.