S 2782

[First Reprint]
SENATE, No. 2782
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
Senator� PAUL A. SARLO
District 36 (Bergen and Passaic)
Co-Sponsored by:
Senators Turner and Wimberly
SYNOPSIS
���� Clarifies choice of independent contractor status for
certain licensed or regulated professionals.
CURRENT VERSION OF TEXT
���� As reported by the Senate Budget and Appropriations
Committee on June 4, 2026, with amendments.
��
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)�� 1[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)]� an individual who performs motor
club services pursuant to a written agreement with a motor club or a third
party contracting with a motor club; or
���� (d)1� 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.