NJ SB 800

Author

Loretta Weinberg
545 Cedar Ln.
Teaneck, NJ 07666
201-928-0100
AswWeinberg@njleg.state.nj.us
Author Detail Link
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Bill Text

Category

Employee Misclassification

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State

NJ

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Summary

Establishes the Truck Operator Independent Contractor Act

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Issue

This bill creates a presumption that a work arrangement in the drayage trucking or parcel delivery trucking industry is an employer-employee relationship unless the party receiving the services can overcome the legal presumption of employment by showing to the Department of Labor and Workforce Development that: 1. The individual has been and will continue to be free from control or direction over the performance of that service; 2. The service is either outside the usual course of the business for which the service is performed, or the service is performed outside of all the places of business of the employer for which the service is performed; and 3. The individual is customarily engaged in an independently established trade, occupation, profession or business. Employers who misclassify individuals in the drayage trucking industry or parcel delivery trucking industry as independent contractors for purposes of avoiding relevant provisions of the "New Jersey Prevailing Wage Act," the "unemployment compensation law," the "Temporary Disability Benefits Law," the "New Jersey Gross Income Tax Act," the workers? compensation law, or "New Jersey State Wage and Hour Law," will be, if the misclassification is done knowingly, guilty of a crime of the third degree and be punished by a fine of not more than $15,000 or imprisonment for not more than one year for a first offense, or both, and by a fine of not more than $30,000, or imprisonment for not more than two years, or both, for a subsequent willful offense, and, if the misclassification is done recklessly, of a crime of the fourth degree and punished by a fine of not more than $10,000, or imprisonment for not more than six months for a first offense, or both, and by a fine of not more than $20,000 or imprisonment for not more than one year, or both, for a subsequent offense. The bill also makes it unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under the bill. These rights include the right to file a complaint or inform any person about an employer's noncompliance with this act; the right to inform any person of his potential rights; and the right to assist him in asserting such rights.

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Notes

Died upon adjournment. Same as AB 1912.

History

01/12/2016 Introduced in the Senate. Referred to Senate Committee on Labor.