ArtPride New Jersey, alongside a statewide coalition representing the business and broader nonprofit communities, respectfully expresses concern regarding upcoming changes to independent contractor regulations. These changes could have unintended consequences on New Jersey’s nonprofit arts sector, the artists who work within it, and the communities these organizations serve.
Despite widespread opposition from freelance workers, the business community and New Jersey lawmakers from both sides of the political aisle, Governor Sherrill and her administration have adopted new rules that make sweeping changes to the ABC test that determines whether a person is a freelancer or an employee. These changes will have unintended, negative consequences on artists and arts organizations.
In addition to, other key concerns communicated to us by the field:
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Increased operating and compliance costs, including payroll, taxes, insurance, human resources, and administrative requirements that many nonprofit arts organizations—already operating on narrow margins—do not have the capacity to absorb.
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Fewer opportunities for independent artists and creative professionals, as increased employment costs could limit the number and diversity of artists, teaching artists, and performers that organizations can engage.
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Reduced access to affordable arts programming, potentially resulting in higher fees or fewer free and low-cost programs serving youth, seniors, veterans, people with disabilities, and underserved communities.
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Concerns about artists’ intellectual property and creative ownership under “work made for hire” employment frameworks.
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Broader harm to New Jersey’s creative economy and nonprofit arts ecosystem, threatening organizational sustainability, innovation, tourism, downtown revitalization, and community development.
With so much at stake we are respectfully asking the Sherrill administration to delay the implementation of the Oct. 1, 2026 effective date until July 1, 2027.
Please take just a moment to tell the Governor Sherrill and state lawmakers to pause the flawed ABC test to protect freelance workers and businesses that use them.