The Indiana Publisher

space to fill with newspaper logos. The HSPA Board asks that you use these materials to promote public notices as space allows, said Brandon Erlacher, chairman of HSPA's public notice promotional com- mittee. "The materials can be modi- fied to include your branding through logos or masthead art," Erlacher said. Download components at www.hspa.com/ public-notice-promotional. In addition to this promo- tional package, HSPA is in the midst of a statewide survey of Hoosier attitudes toward public notice advertising con- ducted by American Opinion Research. The results of the 1,000 Hoosier responses will be made available later this year. HSPA plans to use the responses in another promo- tional campaign and hope- fully better educate state legislators on constituents' support of public notice adver- tising. If you have any questions about this effort or the materi- als, contact HSPA Executive Director and General Counsel Steve Key at skey@hspa.com or (317) 624-4427. Page 8 August 14, 2014 Public notice Continued from Page 1 T he responsibility for maintaining the inde- pendent contractor sta- tus between newspapers and carriers or freelance writers rests with each newspaper. If a newspaper doesn't con- tract people correctly, it can be on the hook for a worker's compensation claim or have all its carriers or freelanc- ers be legally classified as employees. At a recent conference I attended, Michael Zinser of Nashville, Tennessee-based Zinser Law Firm offered tips for newspapers to avoid hav- ing an independent contractor ruled an employee. Zinser is an expert in the field of labor and employee law, particularly with circu- lation situations, and repre- sents clients from across the nation. With his permission, I'd like to share his tips so HSPA members can review their policies and training practices to protect themselves from error. • During the contracting process, make sure indepen- dent contractors fill out their business status on the IRS's W9 form. Make sure they declare that they are a sole proprietor, partnership or corporation. This is evidence that carriers and freelanc- ers understand they are not employees. • Be sure to inform contrac- tors that the newspaper will not withhold taxes and that contractors are responsible for those taxes. It would be helpful to have a document for them to sign or initial acknowledging this fact for your files. • Likewise, explain that they will not be eligible for worker's compensation. Again, an initialed form acknowledging that they understand this situation would be good for your files. • Have someone go over the contract with the carrier or freelancer and have him or her initial each page to cement their intent to be an independent contractor. Give them a copy of the signed contract. • Your standard agree- ment should have blanks for payment terms, which you can fill in with pen so that it's clear the agreement was reached through negotiation. Allow them to have the agree- ment reviewed by an attor- ney. These are signs of their understanding of it being a contractual arrangement, not a hiring. • Don't let them start work until you've got the signed contract. Without it, if they have an accident on the first day, you've got no documen- tation to show they weren't employed. • Let the independent car- riers determine sequence of delivery. You tell employees how to do their jobs, not contractors. Similarly, the contractor should handle substitute carrier situations when someone is ill or unable to deliver a route. • Check the language on your ads when trying to obtain new carriers or free- lancers. Don't advertise the position as a job opportunity or include Equal Employment Opportunity language because it doesn't apply when contracting with an outside vendor. A little training of those who deal with independent contractors can go a long way toward avoiding a worker's compensation or Department of Revenue battle. While I'm sure Zinser would do a fine job of defend- ing your paper, you don't want to be in a position of calling on him to represent you. Steve Key is executive director and general counsel for HSPA. Key Points By Steve Key Don't treat contractors like employees We'll make you stand out. Commercial Web & Sheetfed Printing Personalized Customer Service // Mailing & Fulfillment Resources Quick Turnaround // Two Central Indiana Production Facilities 3330 W. International Ct, Columbus // 812.342.1056 22 W. New Road, Greenfield // 317.462.5528 bstone@hneprinting.com Eye-catching printed materials keep your customers focused on you. O n e f a m i l y - 1 4 0 y e a r s Full Service Printing, Bindery & Mailing HNEPrinting.com The top technology & design instructors in the world gather together once each year for three days of incredible training at the October 16-18, 2014 University of Tennessee • Knoxville, Tennessee newspaperinstitute.com I N S T I T U T E O F N E W S P A P E R T E C H N O L O G Y

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