New Jersey’s art community would be another sector of the state that would be negatively impacted by a controversial rule proposal by Department of Labor and Workforce that would classify many more independent contractors as regular employees.
“We have serious concerns about how these changes might impact the entire non-profit arts sector,” said ArtPride New Jersey Foundation President and CEO Adam Perle.
“A growing number of ArtPride New Jersey members are encountering and expecting potential issues as this pertains to artists, educators and other creative professionals.”
At issue in NJDOL’s proposal, which has now been opposed by 22 New Jersey legislators from both sides of the aisle, mirrors the ill-fated California AB5 rule where workers are subject to a more a stringent ABC test – and more likely to be determined as an employee.
Most artists and creative professionals, as well as many art educators, however, serve as independent contractors.
In California, AB5 was ultimately amended to exempt artists presenting original and creative work.
But as NJBIA Vice President of Government Affairs Elissa Frank noted, so many different work sectors would be impacted that all would be seeking exemptions.
“California has exempted more than 100 categories of workers since it passed AB5 in 2019, and lawsuits from other groups continue to this day,” Frank said. “At the same time, the number of independent workers and employees has actually declined in the state since the rule was...
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