Written agreements would set contractor status for certain professionals

The State would treat a covered person as an independent contractor for state law purposes when a written agreement says so. This covers licensed insurance producers; certain securities professionals registered or regulated in New Jersey or by the federal securities regulator; and people providing motor club services under a written agreement with a motor club or its contracting third party. The written agreement must describe the person as an independent contractor, and the classification applies for the agreement's duration. Covered people would not have to pass additional tests, including tests used under state wage laws. The motor club language also refers to meeting an unemployment law exemption test, but the amendment formatting makes clear application of that test uncertain. The rule would apply to agreements made before or after the act takes effect, for enforcement but without changing their terms. The act would take effect immediately. The classification would apply for the agreement's duration, including for agreements made before the act takes effect.