Independent Women submits public comment, urging support for flexible work opportunities: Mass reclassification efforts will be devastating for women, the workforce, and the small business community.

TRENTON, NJ — New Jersey’s Department of Labor and Workforce has proposed new rules entitled “Proposed New Rules: N.J.A.C. 12:11; ABC Test; Independent Contractors,” that would lead to mass reclassification of independent contractors across the state, and the public commenting period to respond to the rule changes ends today, August 6th. In response, Independent Women submitted a regulatory comment expressing fierce opposition, requesting that the Department withdraw the proposed rule. These rules mimic those implemented in California, which devastated the state’s economy. After California passed its flexibility-killing legislation, millions of people lost contracts, jobs, and livelihoods.

New Jersey claims to be combating worker misclassification, but changing the definition is a way to force hundreds of thousands — perhaps as many as 1.7 million — New Jersey freelancers, entrepreneurs, and gig workers to abandon self-employment.

Women stand to lose the most from these changes as independent contracting offers women the ability to manage other priorities, such as caregiving for children, aging parents, or sick spouses, and managing their personal health conditions. 

Patrice Onwuka, director of Independent Women’s Center for Economic Opportunity, submitted the public comment, writing in part:

“Workers, especially women, who depend on this model of work will lose flexibility and be forced out of the workforce. Small businesses that rely on independent contractors would face new legal exposure and potential penalties from misclassification findings. Those who cannot afford to hire their independent workforce as employees may be forced to shut down. We believe this will have a detrimental impact on the self-employed workforce and the state’s economy overall.”  

Read Onwuka’s full regulatory comment here.

According to polling released by Independent Women this year, 82% of women and overall voters, 80% of young voters, and 79% of seniors agree that the government should allow people the flexibility to be independent contractors.

“New Jersey’s Department of Labor is trying to enact a crackdown on independent contracting that the legislature refused to legislate in 2019. Freelancers, gig workers, and self-employed New Jersey residents should not be forced into a traditional 9-to-5 job. They should be able to choose the model of work that fits their unique circumstances,” Onwuka added. “If enacted, women will lose the flexibility they depend on to balance work with caregiving and other important priorities. California should serve as a cautious lesson to New Jersey that cracking down on freelancing will devastate the economy. ”

In an effort to mobilize public opinion, Independent Women’s Network is urging public comments for these proposed rules through an action center: Oppose New Jersey’s Crackdown on Independent Work.

Ahead of the comment deadline, Onwuka and Rosemary Becchi, President & Founder, Jersey 1st, penned an op-ed for the Daily Caller titled, “Don’t California-ize the New Jersey Independent Workforce”

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