Labor & Employment

S 2782 clarifies that certain licensed or regulated professionals in New Jersey may be treated as independent contractors under state law if they have a written agreement designating them as such. It directly affects insurance producers, securities professionals (broker-dealers, agents, investment advisers), freight drivers at marine terminals/rail facilities meeting specific unemployment exemption criteria, and others meeting defined criteria under unemployment law. The bill prevents these professionals from being classified as employees for any purpose under state law during the term of their written agreement and eliminates the need for them to satisfy additional tests (like those under wage and hour laws) to maintain independent contractor status. It applies retroactively to all existing written agreements for these professionals.

This bill requires private contractors performing construction work in New Jersey (excluding public work or home improvement projects) to register with the Department of Labor and Workforce Development before starting work. It mandates registration with specific details including business information, licenses, and disclosures about labor law violations. The registration process includes providing tax IDs, unemployment insurance numbers, and documentation showing compliance with state business requirements. Contractors already registered for public works projects are exempt from these new requirements. The bill directly affects businesses engaged in private construction work who must register to legally operate in the state.

S 2136 requires New Jersey employers and third-party job posting platforms to include clear disclosures in all public job ads. Specifically, they must state whether a position is for an existing vacancy (with an estimated fill timeframe) or not (using a disclaimer that expires after 90 days and requires prior posting history). The bill mandates removing filled positions within 30 days of original posting or two weeks after hiring, whichever comes later, and requires employers to notify applicants within the ad’s stated timeframe about application status. Violations incur civil penalties up to $600 per offense, with the Department of Labor empowered to conduct compliance audits.