Independent Contractor Law

Independent Contractor Law

The Zinser Law Firm, P.C. was founded in March of 1989. The Nashville, Tennessee-based boutique labor law firm represents Management exclusively, with nationwide clients stretching geographically from Hawaii to Vermont.

In the traditional labor law area, the firm represents Employers in litigation before the National Labor Relations Board and the U.S. Courts of Appeal. The firm also represents Employers in the labor arbitration of grievances filed under Collective Bargaining Agreements. Our attorneys have extensive experience acting as chief negotiator at the bargaining table, representing Employers in their negotiations with labor unions.

The firm has represented Employers in collective bargaining with unions including the Teamsters; Communication Workers of America; Newspaper Guild; United Auto Workers; United Steel Workers; International Brotherhood of Electrical Workers; Laborers International Union of North America; International Association of Sheet Metal, Air, Rail and Transportation Workers; and International Union of Painters and Allied Trades.

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. 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. Our firm has defended independent contractor status in many litigation forums.

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. 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.

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.

Practice Areas

• Drafting Independent Contractor Agreements 
   
• Pre-Litigation Advice 
   
• Defending Independent Contractor Status 
   
• National Labor Relations Act –
   
• Title VII of the Civil Rights Act of 1964 
   
• Unemployment Compensation Law