As the clock ticks down on the deadline to either adopt or abandon the controversial independent contractor rule proposed by the prior administration, at least two dozen lawmakers from both political parties have gone on the record opposing the draft rule.
The draft rule, which would make it much difficult to work as an independent contractor in New Jersey, was temporarily paused by an executive order that Gov. Mikie Sherrill issued shortly after taking office in January. Her order froze adoption of all pending state agency regulations for 90 days pending further review by her new administration.
That freeze has since ended, and now the independent contractor rule faces an adoption deadline of May 5, which is one year to the day it was first published in the New Jersey Register (May 5, 2025) by former Gov. Phil Murphy’s administration. Under state law, all state agencies have one year to adopt pending regulations before they automatically expire.
During the past year, public opposition to the draft rule has been steadily building, including in the Legislature where a concurrent resolution (SCR-62/ACR-73) has been introduced that seeks to invalidate the rule as inconsistent with legislative intent. Over 9,500 public comments were submitted on the rule during agency public hearings, with 99% in opposition.
NJBIA, which has led the opposition to the proposal, is asking freelancers and the businesses that employ them to urge the governor and other top Sherrill administration officials not to adopt the rule.
Go here to send your message to the governor, lieutenant governor, and/or attorney general.
“This draft rule, if adopted, would turn independent work into unemployment by state regulation,” said NJBIA Policy Analyst Jack Kelly. “It completely overhauls existing regulations in a misguided attempt to expand employee classification. The result will reduce opportunities for workers who want the flexibility of being an independent contractor, and it will also significantly regulatory burdens for New Jersey businesses.”
Legislators who have already publicly stated their opposition to the draft rule proposal include:
- Senate Labor Committee Chairman Gordon Johnson, Democrat
- Senate Legislative Oversight Committee Chairman Andrew Zwicker, Democrat
- Senate Commerce Committee Chairman Joe Lagana, Democrat
- Senate Education Committee Chairman Joe Cryan, Democrat
- Senate Majority Whip Vin Gopal, Democrat
- Assemblywoman Margie Donlon, Democrat
- Assemblywoman Luanne Peterpaul, Democrat
- Senator Carmen Amato, Jr., Republican
- Assemblyman Brian Rumpf, Republican
- Assemblyman Gregory Myhre, Republican
- Senator Parker Space, Republican
- Assemblyman Mike Inganamort, Republican
- Assemblywoman Dawn Fantasia, Republican
- Senator Declan O’Scanlon, Republican (sponsor of SCR-62)
- Assemblyman Gerry Scharfenberger, Republican
- Assemblywoman Vicky Flynn, Republican, (sponsor of ACR-73)
- Senate Transportation Committee Chairman Patrick Diegnan, Democrat
- Assemblyman Robert Karabinchak, Democrat
- Assemblyman Sterley Stanley, Democrat
- Senator Angela McKnight, Democrat
- Senator Jon Bramnick, Republican
- Senate Deputy Majority Leader Paul Sarlo, Democrat
- Senator Benjie Wimberly, Democrat
- Assemblyman James Kennedy, Democrat
