Sponsored by:
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman DAVID BAILEY, JR.
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblymen Angelozzi, Miller, E.Rodriguez, Bhalla, Assemblywomen Drulis, Rowan, Assemblymen Calabrese, Venezia, Assemblywoman Carter, Assemblymen Stanley, Moen, Walker, Freiman, Egan, Assemblywomen Simmons, Pintor Marin, Assemblymen Singh, Kearney, Kanitra, Guardian, Azzariti Jr., Myhre, Rumpf, Simonsen, McClellan, Barlas, S.Kean, Assemblywomen Dunn, Donlon, Peterpaul, Katz, Park, Assemblymen Sampson, Spearman, Abdelaziz, Assemblywoman Flynn, Assemblymen McGuckin, Scharfenberger, Karabinchak, Schnall, Inganamort, Assemblywoman Fantasia, Assemblyman Tully and Assemblywoman Swain
SYNOPSIS
Clarifies that amateur sports official is independent contractor for purposes of State employment laws.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning amateur sports officiating and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding any law to the contrary, a person who for a fee or other compensation performs the services of an “amateur sports official” shall be considered an independent contractor for purposes of State law.
b. Amateur sports officiating performed for a fee or other compensation shall not be considered employment for any and all purposes including, but not limited to, the "unemployment compensation law," R.S.43:21-1 et seq., the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), P.L.2008, c.17 (C.43:21-39.1 et al.), the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "New Jersey Gross Income Tax Act," N.J.S. 54A:1-1 et seq., P.L.1965, c.173 (C.34:11-4.1 et seq.) or other applicable State tax laws, the workers’ compensation law, R.S.34:15-1 et seq., the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), or P.L.2018, c.10 (C.34:11D-1 et seq.).
c. As used in this section, “amateur sports official” means a person who enforces the rules, manages the game, and ensures the safety of participants in amateur athletic events and may include responsibility for making calls, keeping time, tracking scores, and maintaining fair play and good sportsmanship. “Amateur sports official” includes a referee or umpire of an amateur athletic event.
2. This act shall take
effect immediately and shall also apply retroactively to any audit or
administrative law or court proceeding pending as of the date of the enactment
of this act. This act shall also apply to any audit or administrative law or
court proceeding instituted after the effective date hereof seeking to classify
amateur sports official services for any period prior to the effective date of
this act as employment pursuant to any and all New Jersey laws, including, but
not limited to the "unemployment compensation law," R.S.43:21-1 et
seq., the "Temporary Disability Benefits Law," P.L.1948, c.110
(C.43:21-25 et seq.), P.L.2008, c.17 (C.43:21-39.1 et al.), the "Family
Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "New Jersey
Gross Income Tax Act," N.J.S. 54A:1-1 et seq., P.L.1965, c.173 (C.34:11-4.1
et seq.) or other applicable State tax laws, the workers’ compensation law,
R.S.34:15-1 et seq., or the "New Jersey State Wage and Hour Law,"
P.L.1966, c.113 (C.34:11-56a et seq.), the "New Jersey Prevailing Wage
Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), or P.L.2018, c.10
(C.34:11D-1 et seq.).
STATEMENT
This bill provides that amateur sports officials are not employees under State employment laws. As used in the bill, amateur sports official means a person who enforces the rules, manages the game, and ensures the safety of participants in amateur athletic events and may include responsibility for making calls, keeping time, tracking scores, and maintaining fair play and good sportsmanship. “Amateur sports official” includes a referee or umpire of an amateur athletic event.
The “ABC” test is widely used under current State labor law for determining whether a worker is an employee or an independent contractor. It is used to determine employee and employer obligations and entitlements under the following laws: the “unemployment compensation law,” the “Temporary Disability Benefits Law,” the New Jersey wage payment law, and the “New Jersey State Wage and Hour Law.” It is also used under the “New Jersey Gross Income Tax Act,” for purposes of determining whether an employer is required to deduct and withhold State income taxes.
The “ABC” test provides that an individual who performs services for remuneration is presumed to be an employee unless the employer can show to the satisfaction of the Department of Labor and Workforce Development that:
(A) the individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact; and
(B) the service is either outside the usual course of the business for which the service is performed, or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and
(C) the individual is customarily engaged in an independently established trade, occupation, profession or business.
This bill provides that regardless of the statutory definition or regulatory interpretation of the “ABC” test, amateur sports officials will not be considered employees under State law.