Search Travel Market Report

mainlogo
www.travelmarketreport.com
U.S.A.
English
Canada
English
Canada Quebec
Français
Menu
  • News
  • Packaged Travel
  • Cruise
  • Hotels & Resorts
  • Destinations
  • Retail Strategies
  • Air
  • Training & Resources
  • Luxury Travel Report

New Jersey Independent Contractor Bill May Exempt Travel Advisors

by Richard D'Ambrosio  November 26, 2019
New Jersey Independent Contractor Bill May Exempt Travel Advisors

New Jersey Senate President Steve Sweeney “said he will be making changes to the bill (S-4204)” so that it will reflect the current rules that permit travel advisor ICs. Photo: Paul Brady Photography/Shutterstock.com

The New Jersey State Senate is introducing an amendment to a proposed independent contractor bill that could carve out an exemption for travel agents.

On Friday, Nov. 22, New Jersey Senate President Steve Sweeney “said he will be making changes to the bill (S-4204)” so that it will reflect the current rules that permit travel advisor ICs.

According to the New Jersey Business & Industry Association (NJBIA), under the proposed amendment, S-4204 would restore, for the most part, the core elements of the current so-called ABC test that the state currently uses to determine whether a worker is an employee or an independent contractor.

“Specifically, the “B” part of the test will be changed back to the version in current law, which allows New Jersey travel agencies to satisfy this element of the three-part test if “the service is performed outside of all the places of business of the employer for which the service is performed,” the American Society of Travel Advisors (ASTA) said in a note to its members this week.

Those rules support travel agent independent contractors, and according to the NJBIA would look like this:

1) be free from control or direction over the performance of that service, both under the contract of service and in fact; and

2) do work outside the usual course of the business for which the service is performed or the service is performed outside the all places of business of the employer; and

3) be customarily engaged in an independently established business or enterprise of the same nature as that involved in the work performed.

“In our letter to Senator Sweeney earlier this month, we asked that his bill ‘be amended to clearly state that workers engaged to sell travel in our industry will be evaluated under the current ‘ABC’ standard which has been placed in New Jersey for many years,’” ASTA said.

A recent ASTA grassroots campaign over the past few weeks generated 490 messages to New Jersey legislators. ASTA thanked Rick Ardis of Ardis Travel in East Rutherford, a member of the ASTA Board of Directors, for his work with Senator Sweeney’s office.

“We will continue to watch the process closely and make sure that the final legislation protects the independent advisor model that has existed in our industry for decades, and will keep you updated every step of the way,” ASTA said.

Even with the good news, some experts remain concerned. Mike Wallace, NJBIA Vice President said he remained concern about the ‘C’ portion of the ABC test, which requires contractors to be “customarily engaged in an independently established business or enterprise of the same nature as that involved in the work performed.

“How that provision will be interpreted is unclear, however,” the NJBIA said.

Since the bill was introduced, a growing cohort of New Jersey state legislators expressed their opposition to the bill if it hurts freelancers.

State Senator Vin Gopal (D-11) told a local news outlet Friday that “As written, this bill would be devastating to freelance photographers, journalists, truck drivers and even babysitters,” Gopal said in a phone interview. “I am a NO on the bill in its current form.”

  0
  0

MOST VIEWED

  1. Power Outage in Spain and Portugal Causes Major Travel Disruptions, Including at Madrid Airport
  2. 5 Things I Liked About Norwegian Aqua – and 4 I’m Not Sold On
  3. Testing the Waters with Dori: Do Travel Advisors Actually Dislike Viking?
  4. Beaches Ocho Rios Resort to Close Doors in May 2025
  5. How Pope Francis’ Funeral Will Impact Travel to Rome and Vatican City
  6. Using a Phone on a Cruise Ship Will Cost Thousands: Urban Myth or Reality?


  1. Travel Advisor Appreciation Month Offers Not to Be Missed
  2. TTC Tour Week Returns with 9 FAM Trips Scheduled for November
  3. Booking on Grandma’s Budget: How Grandparents Are Driving Multi-Gen and Skip-Gen Travel
  4. The Best Hotels to Book in Portugal & Spain: Roundup From an ALGV FAM 
  5. Vanessa McGovern Lands at Global Travel Collection
  6. Ask-an-Advisor: How Do I Strike the Right Balance Between My Budget Conscious Clients and Maximizing
TMR Subscription

Subscribe today to receive daily in-depth luxury coverage, analysis of luxury news, luxury trends and issues that affect how you do business. Subscribe now for free.

Subscribe to TMR

Top Stories
Headquarter Happenings: Gifted Travel Network Hosts 3rd Annual Symposium on Avalon Poetry II
Headquarter Happenings: Gifted Travel Network Hosts 3rd Annual Symposium on Avalon Poetry II

GTN is keeping its momentum going in the luxury space by offering coaching and partnership opportunities to its advisors.

The Top 11 Hottest Adventure Tours of 2025 (So Far)
The Top 11 Hottest Adventure Tours of 2025 (So Far)

Top tour operators talk their best-selling products for 2025.

4 Qualifying Questions Travel Advisors Should Ask Clients with Autism
4 Qualifying Questions Travel Advisors Should Ask Clients with Autism

Advice for selling accessible travel to neurodivergent customers, from the experts.

Gifted Travel Network on Trevello Deal: ‘Philosophy Was So Aligned’
Gifted Travel Network on Trevello Deal: ‘Philosophy Was So Aligned’

Though GTN was not looking for a buyer, Trevello’s new compensation model and common ideals helped seal the deal.

Travel Guard Releases Enhanced Self-Service Tool for Travel Advisors
Travel Guard Releases Enhanced Self-Service Tool for Travel Advisors

The enhanced version features a more intuitive, self-service experience.

InteleTravel Acquires Tickitto, Adding Ticketed Events & Experiences to Brand Portfolio
InteleTravel Acquires Tickitto, Adding Ticketed Events & Experiences to Brand Portfolio

The acquisition gives advisors booking access to tickets for concerts, NFL games, F1 races, and more.

TMR OUTLOOKS & WHITE PAPERS
View All
Advertiser's Voice
Sail Unique With Explora Journeys
About Travel Market Report Mission Meet the Team Advisory Board Advertise Syndication Guidelines
TMR Resources Calendar of Events Outlook/Whitepapers Previous Sponsored Articles Previous This Week Articles
Subscribe to TMR
Select Language
Do You Have an Idea Email
editor@travelmarketreport.com
Give Us a Call
1-(516) 730-3097
Drop Us a Note
Travel Market Report
71 Audrey Ave, Oyster Bay, NY 11771
© 2005 - 2025 Travel Market Report, an American Marketing Group Inc. Company All Rights Reserved | Terms and Conditions
Cookie Policy Privacy Policy Manage cookie preferences