Labor Bills Update from Monday, Dec. 16

Mike Wallace – VP, Government Affairs

The Senate and Assembly had their final voting sessions for this year on Monday, December 16. Please see the below update on bills that NJBIA has been actively seeking amendments to or opposed.

• S-4204/A-5936: This legislation would require workers to meet a restrictive ABC test that’s used to determine whether a worker is an independent contractor or an employee. This bill would ultimately limit the number of New Jersey independent contractors.
  • S-4204 passed the Senate Labor Committee and was referred to the Senate Budget and Appropriations Committee.
  • A-5936 passed the Assembly Labor Committee and was referred to the Assembly Appropriations Committee.
    https://njbia.org/njbia-testifies-on-independent-contractor-bill/
• S-4230/A-5839: This legislation would enhance penalties on employers for misclassifying employees.
  • S-4230 passed the Senate Labor Committee and was referred to the Senate Budget and Appropriations Committee.
  • A-5939 was passed by the full Assembly (53-21-1).
    
• S-4229/A-5838: This legislation calls for the issuance of a stop-work order against any employer found in violation of state wage tax law, no matter of circumstance.
  • S-4229 was amended on the Senate floor to require the Commissioner of Labor to serve a notice of intent to issue a stop-work order at least seven days prior to issuing the stop-work order.
  • A-5838 was passed by the full Assembly (67-8-1).
• S-4225/A-5840: This legislation makes a client employer and labor contractor that provides employees to that employer jointly liable for violations of state wage, benefit and tax laws, no matter of circumstance.
  • S-4225 passed the Senate Labor Committee and is on 2^nd reading awaiting a floor vote by the full Senate.
  • A-5840 was passed by the full Assembly (54-22-1).
    
• S-3170/A-5145: Commonly referred to as the “New Jersey WARN Act” bill, this legislation would increase the notification time, from 60 days to 90 days, and require severance pay when employers with more than 100 employees close, transfer or layoff 50 or more employees.
  • S-3170 was passed by the full Senate (27-13).
  • A-5145 was amended on the floor of the Assembly to change the effective date to 180 days after enactment.
• S-1780/A-1992: Known as “The New Jersey Call Center Jobs Act,” this legislation would require companies with call centers to maintain 65% of call center volume in New Jersey.
  • S-1780 was substituted for A-1992 and approved by the full Senate (22-17).
  • A-1992 returns to the full Assembly for concurrence with Senate amendments.

The Legislature is nearing the close of their two-year legislative session, which ends on Jan. 14.

The Assembly has scheduled quorum calls on Jan. 6 and Jan. 9 and an Assembly voting session on Jan. 13.

The Senate has scheduled a quorum call on Jan. 6 and Senate voting sessions on Jan. 9 and Jan. 13.

The Governor has until Jan. 21 at noon to sign any bills that reach his desk in January (passed by both houses.)