Legislators from the 24th District in Sussex, Morris and Warren counties, have added their voices to the bipartisan chorus of New Jersey lawmakers and other groups seeking to stop a proposed rule that would classify more independent contractors as employees.
Senator Parker Space, Assemblywoman Dawn Fantasia and Assemblyman Michael Inganamort, (all R-24) on Wednesday urged State Labor & Workforce Development Commissioner Robert Asaro-Angelo to withdraw the proposed rule entirely.
“This regulatory action represents a clear attempt to bypass the Legislature, given that similar legislation has repeatedly failed to advance due to widespread opposition from independent contractors, small business owners, and the communities they serve,” the legislators wrote in their July 23 letter to Asaro-Angelo.
“The overwhelming rejection of these measures should serve as a clear signal that New Jerseyans will not tolerate policies that jeopardize their livelihoods and economic freedom,” the legislators wrote, adding that the rule would “effectively eliminate the ability for individuals to work as independent contractors in New Jersey.”
NJBIA and the business community, as well as many independent contractors, have vehemently opposed NJDOL’s proposal, which would change the conditions of the “ABC test” to determine a gig worker versus an employee.
The proposal purports to provide protection to independent contractors, but NJBIA and most gig workers say it would instead reduce their freedoms and work flexibility while greatly increasing labor costs for businesses.
Earlier this week, Democratic legislators in Monmouth County’s 11th District also urged the NJDOL to reconsider the proposed rule. Senator Vin Gopal, Assemblywomen Margie Donlon and Luanne Peterpaul wrote in their letter that the proposed rule redefining independent contractors would “create serious disruption for the state’s businesses and employees.”
Last month, Senators Gordon Johnson (D-37), Andrew Zwicker (D-16) and Joseph Lagana (D-38) also wrote NJDOL a letter saying they were concerned the rule departs from the existing statute and case law controlling worker classification.
The proposed rule mirrors a 2019 bill that failed to pass the Legislature. NJDOL has extended the public comment period on the proposed rule until Aug. 6.
