Yesterday the Star-Ledger Editorial Board published an editorial on NJ.com “This fresh blow to newspapers — and our democracy — must be stopped,” (subscriber exclusive) which doubles down on the opinion piece by Richard Vezza (the Star-Ledger‘s retired editor/publisher and current government affairs chairman for the New Jersey Press Association), entitled “Our state newspapers are on the brink,” which was published on September 22, 2022, and was the subject of last Monday’s post “Importance of Newspapers Does Not Justify Special Exemption From Labor Laws.” The recent editorial displays just a bit of discomfort at being a player rather than just an observer, but nonetheless seeks special accommodation to allow the newspaper industry (or the companies it hires to undertake the delivery of newspapers) to classify the delivery persons as “independent contractors” rather than “employees” and thus not have to pay unemployment and disability taxes. At least, as the editorial says, “The solution wouldn’t cost taxpayers a dime.” (Although its impact on the workers, for whom the the Star-Ledger is usually solicitous, would be something else.)
The editorial is on firmer footing in its criticism of some elements of the ABC test used to determine if workers are contractors or employees. The Star-Ledger should editorialize on changes to, or the replacement of, that test, which would apply to all industries and could be judged on their merits, rather than seeking special treatment only for theirs.
Jay Bohn
October 3, 2022