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NC governor vetoes bill to remove independent contractor presumption

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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.

I reported earlier that there was a reasonable probability that Governor Cooper, a Democrat, would veto this bill. Following the June 28 legislative session, the North Carolina Press Association and North Carolina publishers urged the governor to veto the bill and reached out to state legislators to persuade them not to vote to override the veto if it occurred.

A special legislative session is scheduled for Aug. 3 to vote to override any of the governor's vetoes. A vote to override the veto is not automatic; it must be specifically scheduled. If a vote is scheduled on the July 17 veto, a two-thirds majority in both Houses of the North Carolina Legislature would be required to overturn it. Let us hope that North Carolina publishers have been successful in persuading the legislators not to vote to override the veto.

I will keep you updated on this important vote.

L. Michael Zinser is the founding partner of The Zinser Law Firm in Nashville, Tenn. The firm, which has a heavy concentration of clients in communications media, represents management in the area of labor and employment. Zinser can be reached at (615) 244-9700 or mzinser@zinserlaw.com.

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