NJ SB 1338
Author
Michael Testa
School House Office Park, 211 S. Main Street, Suite 104
Cape May, NJ 08210
609-778-2012
sentesta@njleg.org
Author Detail Link
Bill Text
Category
Employee Misclassification
State
NJ
Summary
Revises factors for determining employment or independent contractor status under certain labor laws.
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.
Notes
Pending Committee action.
History
01/09/2024 Introduced in the Senate. Referred to Senate Committee on Labor.