New Jersey’s art community is raising concerns over a proposed rule by the Department of Labor and Workforce that would classify more independent contractors as regular employees. Leaders in the arts sector say this move could negatively affect artists, educators, and creative professionals who often work as independent contractors.
“We have serious concerns about how these changes might impact the entire non-profit arts sector,” said ArtPride New Jersey Foundation President and CEO Adam Perle.
“A growing number of ArtPride New Jersey members are encountering and expecting potential issues as this pertains to artists, educators and other creative professionals.”
The proposed rule has drawn opposition from 22 state legislators from both parties. The plan resembles California’s AB5 law, which used a stricter ABC test to determine worker status. After its introduction, California amended AB5 to exempt artists presenting original and creative work.
Elissa Frank, Vice President of Government Affairs at NJBIA, pointed out that California has had to make many exceptions since passing AB5 in 2019. “California has exempted more than 100 categories of workers since it passed AB5 in 2019, and lawsuits from other groups continue to this day,” Frank said. “At the same time, the number of independent workers and employees has actually declined in the state since the rule was finalized.
“New Jersey must avoid such flawed and damaging regulations and not impact the livelihoods of independent contractors throughout the state.”
ArtPride New Jersey is recognized as the largest arts service and advocacy group in New Jersey. The organization works to maintain funding for the arts and support policies that help artists across different fields.
