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S 4839

Prohibits the operation of uncrewed aircraft, including drones, over school grounds or critical infrastructure

2025 Regular Session Introduced by Pat Fahy

Allows specified licensed professionals to be treated as independent contractors under a written agreement, exempt from wage-hour tests, retroactive to past and future contracts.

REFERRED TO CODES
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Bill Summary · S 4839

Summary of S 4839 (New Jersey)

Note: The bill’s metadata at the top mentions a drone-related title, but the introduced version text provided is about independent contractor status for certain regulated professions. This summary is based on the introduced version content, which governs independent contractor classifications.

Overview

  • Bill Number: S 4839
  • Title (introduced version content): Provisions concerning the independent contractor status of certain regulated professions (supplementing Title 34 of the Revised Statutes)
  • Purpose: To codify and affirm that specified licensed or regulated professionals may be treated as independent contractors if they operate under a written agreement describing them as independent contractors. The bill sets that they shall not be considered employees for any purpose under state law during the period of the written agreement, and it exempts them from certain additional tests used to determine employee status.
  • Status: Referred to Codes (introduced version); subsequent action indicates referral to Senate Labor Committee in November 2025. Introduced November 10, 2025.

Key Provisions

1) Independent contractor classification for specified professionals
- A person shall not be classified as an employee for any purpose under New Jersey law if:
- They perform services under a written agreement that describes them as an independent contractor (the agreement remains in effect for its duration); and
- They fall into one of the following categories:
- Licensed insurance producer (NJ Insurance Producer Licensing Act of 2001)
- Broker-dealer, agent, investment adviser, or investment adviser representative registered/regulated by the New Jersey Bureau of Securities or by the federal SEC
- An individual operating a motor vehicle to deliver or pick up freight from a marine terminal or rail facility who meets the unemployment compensation exemption criteria
- An individual who meets the unemployment compensation exemption criteria under R.S.43:21-19(i)(7)(J)

2) Waiver of additional tests
- Those professionals specified in subsection (a) are not required to satisfy any additional tests to be recognized as independent contractors under this act, including tests under:
- P.L.1965, c.173 (C.34:11-4.1 et seq.) (state wage and related wage-hour considerations)
- New Jersey State Wage and Hour Law (P.L.1966, c.113; C.34:11-56a et seq.)

3) Effective date and retroactivity
- Effective immediately upon enactment.
- Retroactive application to any written agreement entered into before or after the act’s effective date, for purposes of enforcing but not changing the terms of that agreement.

Who is Affected

  • Licensed/regulated professionals described in the bill:
    • Insurance producers
    • Broker-dealers, agents, investment advisers, and investment adviser representatives (state or federal regulatory registrants)
    • Individuals delivering/picking up freight by motor vehicle for marine terminals or rail facilities (meet unemployment exemption criteria)
    • Individuals meeting unemployment exemption criteria under unemployment compensation law (R.S.43:21-19(i)(7)(J))
  • Entities and individuals who enter into written agreements describing the worker as an independent contractor

Procedural and Timeline Aspects

  • Introduced in the Senate: November 10, 2025
  • Initial referral: Codes (as indicated in the provided metadata)
  • Subsequent action: Referred to Senate Labor Committee (as listed in the November 10, 2025 entry)
  • Effective date: Immediate upon enactment
  • Retroactivity: Applies to past and future written agreements for enforcement purposes, not to modify terms

Potential Impact

  • Clarifies and solidifies independent contractor status for the listed professions when governed by a written agreement naming the party as an independent contractor.
  • Reduces the likelihood that such professionals are treated as employees under state law for purposes other than enforcement of the written agreement.
  • Bypasses or mitigates the impact of state wage/hour and related employee-status tests for those covered, potentially affecting wage protections and benefit requirements.
  • Retroactive enforcement may raise questions about past classifications and the legal effect on existing arrangements.

Sponsors and Related Bills

  • Primary Sponsors: Gordon M. Johnson; Patricia Fahy
  • Related bills: S 7723 (prior-session), A 4944 (companion)
  • No enacted status yet; currently referred to Codes, with an additional referral to Senate Labor Committee noted in the November 2025 action.

Compiled from official sources — confirm details with the bill’s official record.

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