NJBIA urged the Senate Labor Committee today to invalidate or require wholesale changes to a controversial Department of Labor and Workforce Development rule adopted last week that makes it much more difficult to be an independent contractor in New Jersey.
NJBIA Policy Analyst Jack Kelly submitted written testimony this weekend, prior to this morning’s public hearing held by the committee, where freelancers and business representatives from a wide array of industries are anticipated to make similar requests.
Kelly and NJBIA President and CEO Michele Siekerka both offered verbal testimony expounding on those points today, as well.
“(The rule) raises profound legal, economic, and procedural concerns and should be invalidated entirely,” Kelly wrote. “We urge the Legislature to consider an Assembly Concurrent Resolution or Senate Concurrent Resolution to void these regulations.
“Alternatively, the State should use the next 120 days to work collaboratively on statutory remedies that allow these rules to be interpreted in a way that acknowledges the realities of the modern gig economy, and does not infringe upon legitimate independent contractors and their right to maintain that status.”
Over the past year, NJBIA has been the leading business voice opposing sweeping changes to the criteria of the ABC test that determines whether a person is a freelancer or an employee.
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