‘Potentially Catastrophic’
This public comment against New Jersey's independent-contractor rule says it could hinder early intervention for infants and toddlers with disabilities.
One of the more gut-wrenching public comments that were filed against New Jersey’s proposed independent-contractor rule came from Sunny Days Early Childhood Developmental Services in Manalapan.
The comment discusses the New Jersey Early Intervention System, a statewide program that provides services to infants and toddlers, from birth to age 3, who have developmental delays or disabilities, or a condition with a high probability of resulting in a delay.
This comment states that the independent-contractor rule New Jersey’s Department of Labor & Workforce Development proposed “would make it nearly impossible for professionals in the field of Early Intervention to qualify as independent contractors—despite existing case law from the New Jersey Supreme Court.”
The comment states:
“These regulations are contrary to established court rulings and, if adopted, would jeopardize the service delivery model that NJEIS has relied upon for decades. The implications are far-reaching and potentially catastrophic for the field.
“I'd like to specifically address several points of greatest magnitude for providers and families.
“There is an average of close to 400 children/families waiting for services in the NJEIS on any given day. This ‘wait’ is directly attributable to the fact that there is a shortage of licensed therapists and other qualified practitioners to deliver the services needed to address the developmental concerns and delays for these children. This wait list will only be lengthened if there are less providers.
“The field will lose many Occupational Therapists, Physical Therapists, Speech Language Pathologists who are already in private practice and will not agree to become employees for any registered agency or hospital program.
“Children and families will suffer from the loss of independent contractors as there will not be enough providers to replace these therapists as they stop servicing their active children/families or to pick up newly referred children/families are added to the county broadcast lists every day.”
Here is that three-page public comment in full:
‘Impractical and Disheartening’
Cooperating teachers are also among the 99% opposition in the public comments about New Jersey’s proposed rule.
The New Jersey Association of Colleges for Teacher Education wrote:
“Cooperating teachers provide invaluable mentorship to teacher candidates, helping to shape the next generation of educators in New Jersey. These professionals already volunteer significant time and expertise, and the small stipends they receive serve only as a modest honorarium—not compensation equivalent to employment.
“Reclassifying these mentors as W-2 employees of the colleges and universities would create an undue administrative burden for both the cooperating teachers and the educator preparation providers. The paperwork and processing of hundreds of W-2s each semester would require additional institutional resources, staff time, and financial investment that far outweigh the amount of the stipends provided. This change would likely discourage teachers from participating in mentorship, jeopardizing a critical component of teacher preparation in our state.
“At a time when New Jersey—and the nation—is facing a severe teacher shortage, we should be actively encouraging experienced educators to serve as mentors by reducing barriers and honoring their contributions. The proposed rule change does the opposite. It creates unnecessary complexity and treats voluntary service as taxable employment, which is both impractical and disheartening for those who step up to support the profession.”
Here is that one-page public comment:
More to come from the avalanche of public comments that were filed in 99% opposition to New Jersey’s proposed independent-contractor rule.