Dear Supporters,
We have two exciting developments to share:
-- Last night, Senator Sweeney, the prime sponsor of S4204, told reporters at NJ.com that he is not going to push through his anti-independent contractor legislation during the remainder of this legislative session. Over 11,500 residents signed our petition and joined us in the fight against these hastily filed bills. We're grateful that the sponsor has agreed to slow things down and give this complicated issue the time and attention it deserves, and we're grateful to each and every one of you who spoke up and stood by Independent Contractors from a wide variety of industries all across our state.
-- A state court judge in Los Angeles, CA ruled that truckers there are exempt from the disastrous AB5 law (which S4204 was modeled after). Attorney Joshua Lipshutz, counsel for plaintiff, said “Independent owner-operator truck drivers have been a vital part of the trucking industry, and a path to achieving the American dream, for many decades. Judge Highberger’s decision confirms that California cannot simply eliminate that business model and force truck drivers to be employees. This is a win for trucking companies and independent truckers nationwide.”
Taken together, these two developments are a win for ALL independent contractors--but the battle is far from over.
Already, some proponents of anti-independent contractor legislation are attempting to re-shape the narrative, claiming now that their goal is pay equity, even though multiple data sources show that Independent Contractors earn and net significantly more than employees. There are also federal versions of these anti-independent contractor bills awaiting action in Congress, HR2474/S1306, so our efforts must and will continue.
Worker classification is a complex issue that warrants sufficient time and discussion in order to get it right. Unfortunately, as we're witnessing right now in California, rushing to enact poorly-written classification laws, without heeding the concerns of those most affected, leads to unintended consequences, expensive lawsuits, and large-scale job loss. S4204 and A5936 would have harmed the very workers they purported to protect. We look forward to collaborating with the NJ Legislature in the months ahead to create new legislation that will achieve the common goal we all seek: protecting workers while establishing clear, objective classification guidelines that more fully accommodate the needs of the modern-day work force.
In NJ, this issue will be taken up again in the new legislative session that begins on January 14, 2020. We will continue to fight back against any and all attempts to re-write the rules in a way that forces independent contractors to become employees, and we're counting on you to support us in that effort.
We will continue to update you as things progress. Frequent updates will also be posted on Twitter and Facebook (@BiStateMC).
THANK YOU for signing and sharing our petition, and for standing strong to preserve the rights of Independent Contractors.
Lisa Yakomin, President
Association of Bi-State Motor Carriers