NJ ACR 73

Author

Victoria Flynn
1715 Highway 35 North, Suite 307
Middletown, NJ 07748
732-856-9833
AswFlynn@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

Declares that new rules proposed by the NJDOL are inconsistent with legislative intent regarding the "ABC test" for worker classification.

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Issue

Revises the statutory definition of certain waterfront workers consistent with the requirements of federal P.L.92-544. Under federal P.L.92-544, the Federal Bureau of Investigation (FBI) is authorized to exchange criminal history record information with officials of State and local governments only if authorized by state statute and approved by the Attorney General of the United States. The FBI, with the assistance of the United States Department of Justice, has determined that federal P.L.92-544 requires that state statutes meet certain criteria, which include, among other things, that the statute specifically identify the category of persons required to be fingerprinted for purposes of obtaining criminal history record information. Accordingly, to retain access to the FBI Criminal Justice Information Service, the bill revises certain statutory definitions to more specifically identify the category of persons required to be fingerprinted.

Specifically, adds new definitions to clarify roles in waterfront industries, including "director" (a board member overseeing a stevedoring enterprise), "officer" (a managing executive controlling stevedoring operations), "owner" (a person with an ownership interest in a stevedoring enterprise), "partner" (an owner of a partnership interest), and "telecommunications system controller" (a person operating a specific shipping management system). Modifies existing definitions such as "hiring agent" and "stevedore" to provide more precise language about who can select longshoremen for employment and what constitutes a stevedoring business. These changes are designed to help the state retain access to the FBI's Criminal Justice Information Service by more specifically identifying the categories of people who may be required to be fingerprinted for background checks. The modifications aim to provide greater clarity and specificity in defining roles and responsibilities within the waterfront and shipping industries, particularly in the New York harbor district.

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Notes

Pending Committee action.

History

01/13/2026 Introduced. Referred to Assembly Committee on Labor.