Extremism vs. Entrepreneurism
New 98-page report puts New Jersey's rule proposal into historical and national context, with recommendations to protect independent contractors.
New Jersey is in the middle of a rulemaking process that, experts say, would make the state’s independent-contractor policy the nation’s most extreme. The regulatory interpretation that former Governor Phil Murphy’s Department of Labor & Workforce Development proposed—and that new Governor Mikie Sherrill has paused—faces 99% public opposition with an estimated 9,500 written comments on file.
Those written comments, along with in-person testimony from June 2025’s public hearing, are the basis of my new 98-page report, “Extremism vs. Entrepreneurism.”
This report, which includes more than 200 footnoted sources, puts what’s happening in Trenton right now into historical and national context.
It documents just how extreme arguments have become in trying to justify independent-contractor policy that the vast majority of affected individuals, as well as members of the broader business community, rightfully oppose.
Inside the Report
“Extremism vs. Entrepreneurism” details a pattern that has repeated for years now: A loose coalition of labor unions, alt-labor groups and union-friendly, multimillion-dollar nonprofits are moving from state to state, and throughout Washington, D.C., attempting to persuade policymakers that restrictive independent-contractor policy is necessary.
The “Extremism vs. Entrepreneurism” report takes a deep dive not only into the public comments that New Jersey’s Labor Department received from such groups, but also the source material that underpins those comments. As the report notes, getting to the bottom of which claims are accurate in these comments sometimes requires combing through hundreds of pages of documents.
Ultimately, “Extremism vs. Entrepreneurism” challenges much of the research and data that is being used to target the business model of independent contracting in New Jersey—and, in some cases, all across the country.
This report also challenges research and data that the Murphy administration put forward as fact in New Jersey. The report recommends an inquest to detail the mischaracterized data and research in documents such as the Report of Gov. Murphy’s Task Force on Employee Misclassification, as well as to assess its impacts.
“Extremism vs. Entrepreneurism” also highlights public-comment findings that suggest New Jersey’s approach to independent-contractor policy is already having a disproportionate and negative impact on women. These findings, the report notes, are similar to findings from California.
You can read and share the full “Extremism vs. Entrepreneurism” report by downloading it here:
Overall, this report from my home state of New Jersey adds to what others are finding elsewhere: Claims about the widespread scope of employee misclassification are exaggerated. Such claims are based largely on mischaracterized data and studies; on research with heavy union bias; and on research with methodology so weak that it cannot distinguish between misclassified employees and wholly off-the-books schemes.
Urgent action is needed to protect entrepreneurs against this extreme type of policymaking, and to prevent future harm to our workforce, broader business community and economy.
Thank you to the attorneys at Pacific Legal Foundation, Littler Mendelson P.C. and Institute for the American Worker who reviewed parts or all of the “Extremism vs. Entrepreneurism” report pro bono. Thanks also to my fellow freelancers, including Jake Poinier and George V. Hulme, who generously donated their proofreading skills. Special thanks to Karen Anderson, founder of Freelancers Against AB5, for allowing me to include her list of 600-plus affected professions from California.
Thanks for your hard work. After all the pain and suffering CA #AB5 has caused you would think we still wouldn't be fighting for our right to be freelancers.