A 1511 — Clarifies choice of independent contractor status for certain licensed or regulated professionals.

A1511 1R [First Reprint] ASSEMBLY, No.

Assemblywomen KaneKane, Flynn and FlynnAssemblyman Auth         SYNOPSIS      Clarifies choice of independent contractor status for certain licensed or regulated professionals.

  CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Financial Institutions and Insurance Committee on September 17, 2026, with amendments.

       1.    a.  Notwithstanding any law, rule, or regulation to the contrary, a person shall not be classified as an employee for1[for any purpose under any law, rule, or regulation of this State if:if] under P.L.1966, c.113 (C.34:11-56a et seq.), the “Temporary Disability Benefits Law,” P.L.1948, c.110 (C.43:21-25 et al.), P.L.2018, c.10 (C.34:11D-1 et seq.), or the “New Jersey Call Center Jobs Act,” P.L.2019, c.470 (C.34:21-8 et seq.), provided that1:

     (1)  (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)  (2)  the person is:

1or1      (b)  (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.80b-1 et seq.);seq.) 1[;

or      (d)  (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.

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.).seq.)]1.

       2.   1b.   ThisNotwithstanding act shall take effect immediately and shall apply retroactively to any writtenlaw, agreementrule, entered into before or afterregulation in the effectiveState, datenothing ofin this act forshall thepreclude purposeany ofregulated enforcingor butlicensed notprofessional changingincluded thein termssubsection ofa. that agreement.

STATEMENTof this section from having an employment relationship with an employer.1        2.    This billact clarifiesshall thattake certaineffect licensedimmediately orand regulatedshall professionalsapply mayretroactively beto treatedany aswritten independentagreement contractorsentered ifinto theybefore operateor underafter athe writteneffective agreementdate thatof describesthis act for the personpurpose asof anenforcing independentbut contractor.not changing the terms of that agreement.

     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.