'Virtually Impossible'

State Senator Angela McKnight adds her voice to the full-throated chorus of concerns about New Jersey's proposed independent-contractor rule.

On Friday, I wrote that we were up to 16 legislators—Democrats and Republicans alike—urging New Jersey’s Labor Department to stop, think and respect independent contractors.

It’s now 17 legislators speaking out with concern about the proposed rule-making.

State Senator Angela McKnight, a Democrat, sent a letter to state Labor Commissioner Robert Asaro-Angelo that states: “The proposed rule is overly broad and appears likely to reclassify a large number of independent contractors as employees.”

Here is Senator McKnight’s letter in full:

Senator McKnight’s focus on the Port of NY&NJ follows numerous people from the port speaking out against this proposed rule at June’s public hearing in Trenton. They did not mince words when describing the damage this proposed rule would do to the port’s operations, the regional supply chain and the store shelves throughout the state.

New Jersey’s Department of Labor & Workforce Development did not appear to live-stream that testimony, but the folks at Save Independent Work sent a pro video guy to capture it all.

Save Independent Work was kind enough to share the video of the hearing with me, so I could share clips with all of you. Here is some of the testimony relevant to what Senator McKnight is describing in her letter about the Port of NY&NJ, supply-chain issues and empty shelves.

‘Irreparable Harm’

Paul Rozenberg, director of government affairs at the Shipping Association of New York and New Jersey, testified at the public hearing that this proposed rule would cause “irreparable harm”:

Lisa Yakomin, President of the Bi-State Motor Carriers—a nonprofit membership group of close to 200 member firms from trucking and trucking-industry related companies doing business at the port—explained in this Q&A why “this proposal would cripple our trucking capacity at the port, resulting in major supply-chain disruptions.” Here is her testimony at the public hearing:

Eric DeGesero, with the New Jersey Motor Truck Association, called what has been happening in recent years “New Jersey’s war on entrepreneurs” and accused the state of “hypocrisy” in putting forward this proposed rule:

There were more people involved with port operations who testified at the public hearing, but by now, you get the gist.

The message was clearly delivered: New Jersey’s Department of Labor needs to rescind this deeply misguided independent-contractor rule proposal.

What You Can Do

There is still time to file a public comment opposing New Jersey’s proposed independent-contractor rule. The deadline is this Wednesday, August 6.

You can email david.fish@dol.nj.gov and reference “Proposed New Rules: N.J.A.C. 12:11 ABC Test; Independent Contractors,” or fill out the form at Save Independent Work NJ.

Tell the New Jersey Labor Department what I told them when I testified at the public hearing right alongside these and dozens of other people in June: “At this point, the intentional harm is inexcusable. Rescind this proposal before you hurt anybody else, and stop these relentless, remorseless attacks on our freedom to earn a living, once and for all.”