Clarifies choice of independent contractor status for certain licensed or regulated professionals.

A1511

ASSEMBLY, No. 1511

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman� ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Co-Sponsored by:

Assemblywoman Kane

SYNOPSIS

���� Clarifies choice of independent contractor status for
certain licensed or regulated professionals.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning independent contractor status of certain
regulated professions and supplementing Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� Notwithstanding any
law, rule, or regulation to the contrary, a person shall not be classified as
an employee for any purpose under any law, rule, or regulation of this State
if:

���� (1)�� the person performs
services pursuant to a written agreement that describes the person as an
independent contractor, which shall apply for the duration of the written
agreement; and

���� (2)�� the person is:

���� (a)�� an insurance producer
licensed by the Department of Banking and Insurance under the �New Jersey Insurance
Producer Licensing Act of 2001,� P.L.2001, c.210 (C.17:22A-26 et seq.);

���� (b)�� a broker-dealer, agent,
investment adviser, or investment adviser representative registered or
regulated by the New Jersey Bureau of Securities pursuant to the �Uniform
Securities Law (1997),� P.L.1967, c.93 (C.49:3-47 et seq.), or registered or
regulated by the federal Securities and Exchange Commission pursuant to the
provisions of the �Securities Act of 1933,� (15 U.S.C. s.77a et seq.), the �Securities
Exchange Act of 1934,� (15 U.S.C. s.78a et seq.), the �Investment Company Act
of 1940,� (15 U.S.C. s.80a-1 et seq.), or the �Investment Advisers Act of 1940,�
(15 U.S.C. s.80b-1 et seq.);

���� (c)�� an individual who
operates a motor vehicle to deliver or pick up freight from a marine terminal
or rail facility and satisfies the criteria for exemption from the definition
of �employment� as defined under R.S.43:21-19(i)(7)(X); or

���� (d)�� in compliance with the
criteria for exemption from the definition of �employment� as defined under
R.S.43:21-19(i)(7)(J) in order to be deemed an independent contractor under the
�unemployment compensation law,� R.S.43:21-1 et seq.

���� b.��� Notwithstanding any law,
rule, or regulation in the State, the regulated or licensed professionals
included in subsection a. of this section shall not be required to satisfy any additional
test to be deemed an independent contractor, including, but not limited to, the
tests set forth at or applied to P.L.1965, c.173 (C.34:11-4.1 et seq.) and the
�New Jersey State Wage and Hour Law,� P.L.1966, c.113 (C.34:11-56a et seq.).

���� 2.��� This act shall take
effect immediately and shall apply retroactively to any written agreement
entered into before or after the effective date of this act for the purpose of
enforcing but not changing the terms of that agreement.

STATEMENT

���� This bill clarifies that
certain licensed or regulated professionals may be treated as independent
contractors if they operate under a written agreement that describes the person
as an independent contractor.

���� The bill applies to the
following regulated or licensed professionals:

���� (1)�� licensed insurance
producers;

���� (2)�� broker-dealers, agents,
investment advisers, and investment adviser representatives registered by the
New Jersey Bureau of Securities or the federal Securities and Exchange
Commission;

���� (3)�� individuals who operate
motor vehicles to deliver or pick up freight from a marine terminal or rail
facility and who meet the criteria for exemption under the unemployment
compensation law; and

���� (4)�� individuals who meet the
criteria for exemption from the definition of �employment� as defined under
R.S.43:21-19(i)(7)(J).

���� A person in a profession
captured under the bill, who is covered by a written agreement identifying them
as an independent contractor is not considered an employee for any purpose
under any law, rule, or regulation during the period of the written agreement.�
Individuals under the bill are not required to satisfy any additional test to
be recognized as an independent contractor under any other law, rule, or
regulation, including, but not limited to, the State wage payment law and the
�New Jersey State Wage and Hour Law.�

���� The intent of the Legislature
is to confirm that professionals such as insurance producers, broker-dealers,
investment advisers, and others identified in the bill, when operating under
agreements to be independent contractors, have not historically been treated as
employees under State law.� This bill enforces that understanding and
retroactively applies its provisions to any past agreements regarding that
relationship.