OOIDA: New Jersey bills stall after members voice dissent
December 12, 2019
•Land Line Staff
The Owner-Operator Independent Drivers Association is telling its members in New Jersey that their outcry against the state’s attempt to pass a worker classification bill has appeared to work.
OOIDA issued a legislative update to its New Jersey members on Thursday, Dec. 12, telling them that sources have told the Association that lawmakers are – at least temporarily – abandoning their efforts to pass S4202 and A5936.
Both bills would use the ABC test to determine whether a worker is an employee or not. The ABC test considers all workers to be employees unless the hiring business demonstrates that all of the factors are established:
A. That the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of the work and in fact.
B. That the worker performs work that is outside the usual course of the hiring entity’s business.
C. That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
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“Costly and lengthy litigation is likely a foregone conclusion absent significant changes in the state’s laws and regulations that deal with independent truckers,” OOIDA wrote.
OOIDA is also opposed to Calfornia’s Assembly Bill 5, which is set to go into effect in January. The supreme courts in California and New Jersey both established the ABC test.
“We have attempted to get answers, any answers, from officials in California regarding their vision and enforcement on AB5. And New Jersey lawmakers are in the same boat. No one has any answers,” OOIDA President and CEO Todd Spencer said. “Absent any sort of direction or credible information, California should not allow AB5 to go into effect in January and New Jersey lawmakers need to rethink their bills.”
The apparent stalling of the bills indicates that the efforts of OOIDA members made a difference.
“This is proof that grassroots advocacy works, even though it doesn’t always feel that way,” OOIDA wrote. “We will keep you posted as this issue develops. As always, thank you for your time and support of OOIDA.”