The lives of hundreds of thousands of New Jerseyans are about to be destroyed
New Jersey Gov. Phil Murphy and state Senate President Stephen Sweeney are about the destroy the lives of hundreds of thousands New Jerseyans, and this is not hyperbole.
Attention fellow New Jerseyans: We are about to get screwed like we've never been screwed before by state Sen. President Steve Sweeney, the rest of the legislature, and Governor Phil Murphy.
Now before you accuse me of screw-based hyperbole, I need you to understand bill S4204, introduced by Sweeney in November, and fast-tracked for passage in the coming weeks. In short: It will eliminate the livelihoods of hundreds of thousands of New Jerseyans. Plain and simple.
The bill would upend the current system of people who operate as independent contractors. Basically, you won’t be allowed to offer your services unless you’re hired as an official employee of the business. That’s a simplistic reading of the bill, but that’s it in a nutshell.
For example: Let’s say you’re a kindergarten teacher and, on the side, you’re a wedding photographer. Maybe you shoot four or five weddings a year, and you get the work through Jimmy’s Wedding Photo Emporium. You like photography, you like weddings, it’s a fun little side gig for you, and Jimmy pays you $200 a wedding, and you’re happy. Or maybe you’re not a teacher; maybe you’re a stay-at-home mom trying to make a few bucks. Maybe you’re a college student looking to pay down your debt. Maybe you’re retired and you enjoy taking pictures. Doesn’t matter; unless Jimmy hires you as an employee, you will not be allowed to shoot weddings for him. You cannot be an independent contractor of wedding photography anymore.
So.
Are you a photographer? A truck driver owner-operator? A freelance writer? A tree trimmer? A dog groomer? A lawyer? A locksmith? A tow-truck driver? A million other things? Yeah. You’re screwed.
And woe is the small business owner, because this cuts both ways. Remember Jimmy, our old pal from Jimmy’s Wedding Photo Emporium? Yeah, he won’t be able to afford to hire all these employees, won’t be able to afford the taxes that go along with having all these employees. So yeah. If you’re Jimmy - or any small business owner that hires people to do piecemeal work, guess what? You’re screwed.
There’s a lot of legal language in this bill, but the overriding gist of it - as it currently stands - is if you’re providing a service that is not materially different that the service the would-be employer provides, that employer cannot hire you as an independent contractor. They must hire you as an employee.
So if you’re a lawyer, another law firm couldn’t bring you in for a big case unless they hire you as a bells-and-whistles employee. Those owner-operator truck drivers? I mean, forget it. You own a landscaping business and need to hire some tree trimmers for some side work? You better bring all those tree-cutters in as regular employees.
The list is very literally endless. If you’re a “regular” employee, this won’t affect you. But think of all your friends, relatives, small business owners you know who it will. It’s crazy how many people are going to get screw … well, you get the idea.
Oh, and here’s a punch in the face. It’s a quote from Sweeney. I grabbed it from an NJSpotlight.com article. “This is a pro-worker bill for the new gig economy,” Sweeney said. “It’s all about protecting the rights of workers.”
What a howler. This is the exact opposite of pro-worker. This bill, if left unchanged, will destroy lives. Plain and simple.
So what the hell are Sweeney and Murphy thinking?
Who knows. But California recently passed a similar bill (our bill is, incredibly, worse, though lawsuits are already piling up in the Golden State), and it would certainly appear Sweeney and Murphy want to get Uber, Lyft, and other big "gig"-based companies in line and force them to pay taxes and provide benefits and the like for their workers. On top of that, there is a legit issue of companies misclassifying workers in an effort to skirt both taxes and the need to provide benefits. So there are actual problems, and they should be addressed.
But to carpet-bomb the entire state? It’s so incredibly stupid, even by New Jersey lawmaker standards.
This bill is horrible, and should be set on fire.
Short of that, there should be very broad exceptions put into place to protect small businesses, entrepreneurs, and every single person who wants to enter into an agreement to provide services to another business. This is just common sense beyond belief, and the fact that I have to write this to point it out is maddening.
So.
Are you a photographer? Truck driver? Lawyer? Freelance writer? Tree trimmer? Work in entertainment? A million other things where you provide a service and get paid for it? Yeah. You should probably call your lawmakers and tell them to drop this bill or carve out those massive exceptions that would protect small businesses and the people they hire. And you should call your friends and relatives in the state and tell them to do the same.
I’ll save you the Google trip …
Gov. Phil Murphy: 609-292-6000; Sen. Steve Sweeney: (856) 251-9801 or (856) 339-0808 … And locally there’s …. Sen. Shirley Turner: 609-323-7239 … Sen. Linda Greenstein: 609-395-9911 … Assemblyman Dan Benson: 609-631-0198 … Assemblyman Wayne DeAngelo: 609-631-7501 … Assemblyman Anthony Verrelli: 609-571-9638 … Assemblywoman Verlina Reynolds-Jackson 609-571-9638.
We need to stop this. Pick up the phone.
Jeff Edelstein is a columnist for The Trentonian. He can be reached at jedelstein@trentonian.com, facebook.com/jeffreyedelstein and @jeffedelstein on Twitter.
https://www.trentonian.com/news/the-lives-of-hundreds-of-thousands-of-new-jerseyans-are/article_91e95642-0c08-11ea-a16d-e311dc18d1ae.html?fbclid=IwAR0EIM0Z45uhePtTbeh0cFE3MdPmrXl5PBOzbGwlm956O08qvrMvECkXS-E
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This is going to put me out of business, I will have to move out of NJ.