NJBIA Labor Update from Nov 14. Senate Labor Committee

On Thursday, Nov. 14, the Senate Labor Committee passed the following bills out of committee.

Mike Wallace – Vice President, Government Affairs

S4064 (Singleton) – Concerns the responsibility of owners for wage claims against subcontractors
S4167 (Madden) – Concerns skilled trained workforce in work by contactors in certain industries
S4204 (Sweeney) – Concerns employment status of individuals with respect to wage and hour and unemployment status

NJBIA stayed neutral on S4064, which concerns the responsibility of owners for wage claims against subcontractors, after the sponsor made amendments.

NJBIA opposed S4167, which concerns skilled trained workforce in work by contactors in certain industries, with written testimony, primarily because the legislation would impose prevailing wage requirements on private employers.

NJBIA verbally testified in opposition to S4204, which concerns employment status of individuals with respect to wage and hour and unemployment status, because the bill would institute a much stricter ABC test used to justify an independent contractor’s working relationship.  This more restrictive test would impact a broad array of industries that rely on independent contractors. Senate President Steve Sweeney, the prime sponsor, made amendments to carve out accountants and has indicated a willingness to continue talking to stakeholders about the potential impact of the bill.

Our partners at the New Jersey Civil Justice Institute will be hosting a coalition meeting at 1:00 p.m. to discuss S4204 on Monday, Nov. 18.  If you would like to participate, please let me know and I will send you the details.

Additionally, the Assembly Labor Committee will be meeting on Monday, Nov. 18 at 10 a.m. in Committee Room 15 on the 4^th floor of the State House Annex to consider the following bills.  Please contact me if you have any questions or concerns.

A5801 (Coughlin) – Concerns the responsibility of owners for wage claims against subcontractors.

A5838 (DeAngelo) – Concerns stop-work orders

A5839 (Moriarity) – Concerns penalties for misclassification of employees

A5840 (Carter) – Concerns joint liability for payment of employer tax law

A5841 (Calabrese) – Permits DOLWD to post information of person who violates State wage, benefit and tax laws.

A5842 (Chiaravalloti) – Concerns tax data sharing between State Treasury and DOLWD.

A5834 (Speight) – Requires employers to post notice for employees on employee misclassification.

A5936 (Egan) – Concerns employment status of individuals with respect to wage and hour and unemployment status

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