Independent Carrier agreements

The AWNA asked Edmonton employment lawyer Craig Neuman to develop a contract template that members could use to enter into independent contractor agreements with its newspaper carriers.

Concerns were raised that the provincial minimum wage legislation could have an adverse affect on publishers, in that the legislation not only prescribes a minimum hourly wage, but a minimum number of hours that would have to be paid to each carrier. This could increase costs significantly for members that have not established independent contractor arrangements with their carriers.

Now the government is considering changes to its employment standards legislation, which could further complicate things for employers.

Neuman had this to say about provincial government plans to redefine employment standards.

“As you note, the Government is embarking on a review of employment standards legislation. One of the items they are looking at is the definition of employment relationships; the signals being sent are that they intend to broaden the scope of service provision arrangements that will be caught by employment standards legislation. In light of this, it is difficult to predict what the best strategy might be for AWNA and its members to deal with newspaper carriers. I am even less inclined to expect this Government to be sympathetic to the potential plight of the industry in retaining carriers, and how minimum hours and pay provisions might inadvertently impact these arrangements. My own sense of things is that a defensive posture of relying on independent contractor arrangements as far as possible may be the best option for your membership. Pursuing a legislative exemption for carrier-employees may be best thought of as a “last resort” if adverse rulings on carrier contract arrangements materializes in the future.”

If your newspaper has a carrier force and you don’t have agreements with them, we urge you to consider them. We have developed a simple, one-page agreement that can be signed by your carrier(s) or their legal guardians.

Download a Word Doc (12kb)
Download PDF Version (45kb)

You can also download them from the AWNA web site File Library page (this is in the Members Only section)