'We Will Not Let It Happen'
New Jersey lawmakers are planning legislation to declare independent-contractor rule-making inconsistent with legislative intent.
Republican New Jersey state Senator Declan O’Scanlon, Assemblyman Gerry Scharfenberger and Assemblywoman Vicky Flynn announced today that they intend to introduce legislation that “would declare the Department of Labor & Workforce Development rules concerning the employment status test for independent contractors inconsistent with legislative intent, if the Department doesn’t respond to the public outcry and rescind or satisfactorily modify their proposed rule changes.”
The move follows numerous lawmakers on both sides of the aisle, including these three, sending letters to the Department or issuing press releases about their concerns.
“This is yet another misguided attempt by the Murphy administration to overregulate New Jerseyans out of their livelihoods,” Senator O’Scanolon stated in today’s press release. “These proposed rules by the DOL directly contradict the Legislature’s intent and would wreak havoc on independent contractors who rely on flexibility and autonomy to make a living.
“We’re not going to sit back and let unelected bureaucrats and Trenton Democrats make life more expensive and more complicated for thousands of hardworking people,” he added. “That’s why I’ll be introducing legislation to declare these rules inconsistent with legislative intent and stop them before they do serious harm if the DOL doesn’t respond to the public outcry and significantly modify or entirely rescind the proposed rule changes. The livelihoods of countless New Jerseyans are on the line.”
Assemblyman Scharfenberger added: “The proposed changes would be disastrous for anyone who depends on the flexibility that independent contracting provides. From small business owners to part-time freelancers, this is a lifeline for thousands of people across New Jersey. Stripping away this independence would burden both gig workers as well as businesses who prefer to work with independent contractors in a more copacetic arrangement. This is government fixing what isn’t broken—and we will not let it happen.”
Assemblywoman Flynn stated in the release: “These rules are a direct attack on worker freedom and the ability of New Jerseyans to control their own livelihoods. For many independent contractors—especially parents, caregivers, and those juggling multiple jobs—this flexibility isn’t a luxury, it’s a lifeline. The Murphy administration’s proposal would rip that away, forcing people into rigid employment models that don’t work for their lives. I will fight alongside Senator O’Scanlon and Assemblyman Scharfenberger to stop this overreach in its tracks and ensure Trenton doesn’t crush the very opportunities our residents depend on.”
How It Would Work
According to the press release from these lawmakers, Article V, Section IV, paragraph 6 of the New Jersey Constitution allows the Legislature to review any rule or regulation adopted or proposed by an administrative agency.
This review determines if the rule is consistent with the Legislature's intent, as expressed in the statute it aims to implement. If the Legislature finds a rule inconsistent with its intent, it can transmit this finding to the Governor and the head of the agency responsible for the rule. This is typically done through a concurrent resolution passed by both houses.
Notably, numerous letters that legislators on both sides of the political aisle have already sent to New Jersey’s Labor Department, or issued as press releases, suggest that the proposed independent-contractor rule is inconsistent with statute, case law or both.
Republicans O’Scanlon, Scharfenberger and Flynn wrote on July 29:
“In the 2018-2019 Legislative Session, Democrats attempted to pass similar legislation but failed to advance it through the legislature due to strong opposition from freelance workers and New Jersey businesses.”
Flynn is then quoted as saying: “Bureaucrats shouldn’t control how law-abiding residents earn a living. Trenton needs to stop micromanaging workers and crushing job creators. Governor Murphy must step in and stop this overreach now.”
Democrats Gordon Johnson, Andrew Zwicker and Joe Lagana wrote on June 4:
“As Chairs of the Senate Labor, Legislative Oversight, and Commerce Committees, we are supportive of the Department’s intent to protect workers’ rights and ensure a level playing field for employers across the state. However, upon reviewing the rule proposal, we are concerned that it departs from the existing statute and case law controlling worker classification.”
Republicans Parker Space, Dawn Fantasia and Mike Inganamort wrote on July 23:
“This regulatory action represents a clear attempt to bypass the legislature, given that similar legislation has repeatedly failed to advance.”
Democrats Patrick Diegnan, Robert Karabinchak and Sterley Stanley wrote on July 31:
“The question of how to classify workers has been considered repeatedly by the Legislature, and similar efforts to change the standard through statute have not gained approval.”