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Industry Insights

Zwicker, Johnson bill would protect N.J. freelancers

By ,
Assemblyman Andrew Zwicker.
Assemblyman Andrew Zwicker.

Over 600,000 New Jersey freelancers generate receipts of $30 billion annually to the state's economy.

But despite their emergence as an increasingly important sector in the business community, freelancers have a distinct disadvantage compared to other workers – we often don’t get paid promptly and sometimes not at all. And, the onus is on us to collect these fees – a time-consuming and expensive process, especially if one is forced to go through a collection agency.

The Zwicker & Johnson Bill (A-4410), sponsored by Assembly Democrats Andrew Zwicker and Gordon Johnson, will do much to ensure fair treatment of freelance workers. The bill has several provisions but the most significant one, in the view of consultants, allows them to file a complaint against the client if a bill of $600 or more goes unpaid for more than 30 days.

The legislation has teeth. It provides that any client who does not pay its freelance workers in accordance with the provisions of the bill, will be found guilty of a disorderly persons offense and subsequent offenses will incur more stringent punishment, including a fine or imprisonment.

Late and non-payment of bills is a serious problem for any consultant, especially when one incurs expenses such as travel, phone, internet fees or supplies in the course of the project. Some clients fail to give the consultant priority when paying obligations. Bills for utilities and supplies are paid first and payroll met before our fees are slated for payment. Others delay payment by demanding miniscule backup for even small expenses. Worst of all are those who have no intention of paying at all. Just asked the many contractors left unpaid by Donald Trump. This failure to honor commitments results in problems such as poor cash flow, unnecessary borrowing and a lower credit rating for the consultant. We have little recourse in the face of clients who cannot or will not pay their bills.

As technology and government requirements expand, freelancers will become an even more crucial factor in the development of New Jersey businesses of every size. From the Mom and Pop company that outsources its payroll and accounting to the corporation that demands specialized technical services on an ad hoc basis, freelancers will be needed in a wide range of disciplines from IT and human resources to marketing communications and health care.  

The bill was approved by the Assembly and will go to the Senate as soon as a companion bill can be introduced.  Let’s hope the Senate will see the wisdom of protecting this important segment of New Jersey’s workforce.

Assemblyman Andrew Zwicker Representing New Jersey's 16th District.

Andrew, a lifelong New Jerseyan, currently represents New Jersey’s 16th legislative district in the Assembly. Elected in 2015, Andrew became the first physicist to be elected to our state legislature. Here at home, Andrew is the Head of Science Education at the Princeton University Plasma Physics Laboratory where he works alongside researchers developing an advanced form of energy. At the lab, Andrew has the opportunity to work with hundreds of teachers and students, and to inspire and mentor the next generation of scientists. In the Assembly, Andrew works hard every day to ensure these kids have the bright future they deserve. He has highlighted the importance of STEM education, authored legislation that stopped banks from going after the families of students that passed away for outstanding student debt, and has been a strong advocate for the innovation economy. Andrew has always been dedicated to serving our community whether through his work at Princeton, his time coaching his children’s sports team, or assisting tech start-up. Now, he is making sure our community has a strong voice in Trenton. Andrew lives in Kingston with his wife Barbara, an elementary school educator, along with their children and dog, Rocky.

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Comments

Guy Branderwyle September 29, 2017 9:58 am

I know people who would have loved this law if in effect when Trump was in AC. So many people lured by doing business with his casinos, only to find he was going to pay, and often never intended to. (He had been heard frquently telling purhasers, department heads, etc. on the side "don't pay that guy.")

Phil Farrelly September 29, 2017 10:37 am

Great, just one more government intrusion to drive businesses out of New Jersey. Another example of the stupidity of the liberals in our legislature, as they layer on one more burden on businesses and, in this case, make hiring a freelancer a potentially hazardous act (is he serious about fines and imprisonment???). Nice going.

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