Bill Text: NJ S3152 | 2022-2023 | Regular Session | Introduced
Bill Title: Clarifies the newspaper delivery person and news media stringer are independent contractors for purposes of State employment laws.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2022-10-03 - Introduced in the Senate, Referred to Senate Labor Committee [S3152 Detail]
Download: New_Jersey-2022-S3152-Introduced.html
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Clarifies that newspaper delivery person and news media stringer are independent contractors for purposes of State employment laws.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the classification of newspaper delivery persons and news media stringers for certain purposes and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Newspaper delivery person" means a person who:
(1) is engaged in the trade or business of the delivering or distribution of paid or unpaid newspapers, periodicals or shopping news, including any services directly related to such trade or business;
(2) derives a substantial portion of remuneration for the performance of the services described in paragraph (1) of this definition from sales or other output (including the performance of services) rather than to the number of hours worked; and
(3) pursuant to a written contract between the person and the entity for whom the services are performed, the contract provides that the person is an independent contractor and will not be treated as an employee.
"News media stringer" means a person who:
(1) is a freelance journalist, photographer, or videographer who contributes news stories, photographs, or videos to paid or unpaid newspapers, periodicals, shopping news or news media as that term is defined by section 2 of P.L.1977, c.253 (C.2A:84A-21a); and
(2) is paid for each piece of published work.
2. a. Notwithstanding any law to the contrary, a person who for a fee or other compensation performs the services of a "newspaper delivery person" or "news media stringer," as defined herein, shall be considered an independent contractor for purposes of State law.
b. Newspaper delivery
person or news media stringer services performed for a fee or other
compensation shall not be considered employment for any and all purposes
including, but not limited to, the "unemployment compensation law,"
R.S.43:21-1 et seq., the "Temporary Disability Benefits Law,"
P.L.1948, c.110 (C.43:21-25 et seq.), P.L.2008, c.17 (C.43:21-39.1 et al.), the
"Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the
"New Jersey Gross Income Tax Act," N.J.S. 54A:1-1 et seq., P.L.1965,
c.173 (C.34:11-4.1 et seq.) or other applicable State tax laws, the workers'
compensation law, R.S.34:15-1 et seq., the "New Jersey State Wage and Hour
Law," P.L.1966, c.113 (C.34:11-56a et seq.), the "New Jersey
Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), or P.L.2018,
c.10 (C.34:11D-1 et seq.).
3. This act shall take effect immediately and shall also apply retroactively to any audit or administrative law or court proceeding pending as of the date of the enactment of this act. This act shall also apply to any audit or administrative law or court proceeding instituted after the effective date hereof seeking to classify newspaper delivery person or news media stringer services for any period prior to the effective date of this act as employment pursuant to any and all New Jersey laws, including, but not limited to the "unemployment compensation law," R.S.43:21-1 et seq., the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), P.L.2008, c.17 (C.43:21-39.1 et al.), the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "New Jersey Gross Income Tax Act," N.J.S. 54A:1-1 et seq., P.L.1965, c.173 (C.34:11-4.1 et seq.) or other applicable State tax laws, the workers' compensation law, R.S.34:15-1 et seq., or the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), or P.L.2018, c.10 (C.34:11D-1 et seq.).
STATEMENT
This bill provides that a person who performs services as a "newspaper delivery person" or "news media stringer" is considered an independent contractor for purposes of State employment law.
The bill exempts from coverage under various employment laws of the State any services performed by a newspaper delivery person or news media stringer for a fee or compensation.
The bill makes its provisions retroactive to any audit or administrative law or court proceeding pending as of the date of the enactment of the bill.
