New Jersey Business & Industry Association President and CEO Michele Siekerka discussed concerns about a proposed Department of Labor rule on the "Jersey Justice" podcast, hosted by attorneys Gerald Clark and Mark Morris of the Clark Law Firm PC. Siekerka argued that the new regulation would reclassify many independent contractors as employees, which she said could negatively affect gig workers across several industries.
“Basically, it’s going to put gig workers out of work,” Siekerka told the podcast hosts. “We want to preserve a worker’s right to be a gig worker and work for multiple employers.”
Siekerka acknowledged the importance of proper worker classification but stated that the proposed rule is too broad. She explained that it could include many independent contractors who value flexible schedules and workloads. The regulation is similar to a 2019 bill that did not pass in the Legislature, according to Siekerka, and would impact both businesses and workers in various sectors.
She gave an example from the trucking industry: “Take independent truck drivers who work for multiple companies,” she said. “When there is a spike in the season like Christmas, with everything coming out of the ports, they can get extra work. They decide to get their own rig for their own reasons. They don’t want to be part of a big company."
Siekerka warned that if this rule is adopted, these drivers could lose their jobs because their roles might be classified as employee positions. “The burdens of getting through this, from the employers’ side, and the fact that employees can’t choose how they want to work, is not fair for both sides,” she said.
The podcast episode also covered other business issues affecting New Jersey, such as federal immigration enforcement's impact on agriculture, tourism and construction; challenges related to legalized cannabis for employers; wage transparency laws; and how federal tariffs are influencing manufacturers in the state. The full discussion can be viewed at this link: Go here to watch the podcast’s wide-ranging discussion on business issues, including the impact of the federal immigration crackdown on the agriculture, tourism and construction industries in New Jersey, the challenges that legalized cannabis presents for employers, wage transparency laws, the impact of federal tariffs on Garden State manufacturers and more.