Sen. John J. Burzichelli (D-3) is the latest lawmaker to join a growing number of legislators who have notified the Department of Labor and Workforce Development of their oppostion to its proposed rule that would classify more independent contractors as employees.
In a letter dated Aug. 5, Burzichelli told state Labor Commissioner Robert Asaro-Angelo that numerous constituents and businesses in his South Jersey legislative district, have voiced concerns to him about the proposed changes affecting indepdendent contractors.
“While I do understand that the intent of these regulations is to provide protections and enhance the rights of employees, the ‘ABC Test’ metric may indeed cause harm to independent contractors and independent business owners in multiple industries,” Burzichelli wrote. “The potential disruptions to business, and the impacts to consumers and clients that the rule change could impart would be detrimental.
“I am respectfully requesting a deferment and a comprehensive analysis and review of this pending rule change before it is officially implemented to curtail any unintended consequences,” Burzichelli concluded.
Earlier this week, NJBIA Vice President of Government Affairs Elissa Frank urged NJDOL to withdraw its proposed changes to the independent contractor rule, saying it “upends settled law, contradicts federal standards, and undermines flexible work opportunities in a misguided attempt to expand employment classifications.”
“We urge the Department to withdraw this rulemaking and engage in a more transparent, balanced, and evidence-driven process that supports both worker protections and economic freedom,” Frank wrote in a letter to the department opposing the draft rule.
At a public hearing held by NJDOL last month, an overwhelming majority of New Jersey businesses and indepependent workers testified against the rule.
Go here to watch a recent episode of NJBIA’s “Minding Your Business” TV show, where freelance writer and co-founder of the Fight for Freelancers group, Kim Kavin, discusses why the proposed regulation will hurt New Jersey independent contractors.
The following legislators, both Republican and Democrats, have written to DOL to register their opposition to the draft independent contractor rule:
- District 3: John Burzichelli (D)
- District 9: Carmen Amato (R), Brian Rumpf (R), Gregory Myhre (R)
- District 11: Vin Gopal (D), Margie Donlon (D), Luanne Peterpaul (D)
- District 13: Declan O’Scanlon (R), Vicky Flynn (R), Gerry Scharfenberger (R)
- District 16: Andrew Zwicker (D), vice chairman of the Senate Labor Committee
- District 18: Patrick Diegnan (D), Robert Karabinchak (D), Sterley Stanley (D)
- District 24: Parker Space (R), Dawn Fantasia (R), Mike Inganamort (R)
- District 31: Angela McKnight (D)
- District 37: Gordon Johnson (D), chairman of the Senate Labor Committee
- District 38: Joe Lagana (D), chairman of the Senate Commerce Committee
Additionally, Sen. Joseph Cryan (D-20) opposed the rule with verbal comments during a DOL public hearing last month.
