NJ AB 2728

Author

Brian Bergen
5 East Main St., Suite 22B
Denville, NJ 07834
973-539-8113
AsmBergen@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

Revises factors for determining employment or independent contractor status under certain State labor laws.

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Issue

Revises the factors for showing a worker is an independent contract. Under the bill, to determine whether an individual is an employee or an independent contractor, all information that provides evidence of the degree of control and the degree of independence is to be considered. Facts that provide evidence of the degree of control and independence fall into three categories:
(A) behavioral control;
(B) financial control; and
(C) the type of relationship of the parties.
In making an employment determination any guidance on determining a workers employment status provided by the federal Internal Revenue Service in the United States Department of the Treasury is to be considered. This bill aligns the test for employment status under State law with the test in use by the Internal Revenue Service in the Department of the Treasury.

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Notes

Pending Committee action.

History

01/09/2024 Introduced. Referred to Assembly Committee on Commerce, Economic Development and Agriculture.