NJ SB 863

Author

Stephen Sweeney
Kingsway Commons, Suite 400, 935 Kings Highway
Thorofare, NJ 08086
856-251-9801
SenSweeney@njleg.org
Author Detail Link
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Bill Text

Category

Employee Misclassification

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State

NJ

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Summary

Modifies and strengthens "abc" test for determining employment classification status.

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Issue

For the purposes of all State employment laws, individuals who are suffered or permitted to work are employees, not independent contractors, and are subject to the provisions of those laws, and entitled to all remedies for any violations of those laws, unless and until it is shown to the satisfaction of the Commissioner that:
a. The individual has been and will continue to be free from control or direction over the performance of the service, both under the individualís contract of service and in fact; and
b. The individualís service is either outside the usual course of the business for which that service is performed, or the work is performed outside of all the places of business of the enterprise for which the service is performed; and
c. The individual is customarily engaged in an independently established business or enterprise of the same nature as that involved in the work performed. Last session bills AB5936, SB4204.

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Notes

Died at end of session

History

01/14/2020 Introduced in the Senate. Referred to Senate Committee on Labor Committee.