Season 3 - Episode 6 - NEW JERSEY Changed The 1099 Independent Workers Policy

1099 New Jersey Independent Workers Cannot Be Forced To Pay Child Support
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Introduction:
Chris H  0:05  
This year 2020, New Jersey Governor, along with the legislators introduce some drastic changes to the 1099 independent workers program. And while this affects all independent workers in New Jersey, we will look at it in terms of how this may affect the Child Support Program.

Chris H  0:27  
Let's get started.

Chris H  0:30  
I want to thank all of you for watching our video father filed the lawsuit and one as well as it's a corporation and not a government, we will continue to bring more videos such as this, and therefore we're asking to subscribe to our channel.

Chris H  0:47  
New Jersey assembly introduced a new 1099 misc classification of workers this year 2020. And it goes into effect this year as well.

Chris H  1:00  
It looks at five areas, however, we will focus on three of those areas and examine it very closely and see how it may or may not affect the Child Support Program, or your attempt to separate from the child support program using the 1099 strategy. At the end of this presentation, we have one important factor to note. So let's get started.

Chris H  1:30  
Executive Order 13563, which was signed on January 19 2017, where the president united states in his last day in office wrote that a 1099 worker independent worker are not included in the Child Support Program unless there's a change from Congress.

Chris H  1:54  
And here's the order that it was put in place.

Chris H  1:58  
And there's a signature of the president as well. This is a strategy you need to know your rights, you understand what happens with this particular executive order.

Chris H  2:10  
As a special note, if you're affected by the stimulus intercept, or you received a stimulus intercept letter, please reach out to us we have a few remedies that you could implement in order to get your check your payment.

Chris H  2:26  
Hello, my name is Chris. And in this session, we will review the changes to the 1099 worker program in New Jersey, and how it affects the Child Support Program. Now this is a drastic change for all independent workers. But again, our focus is going to be on the Child Support Program.

Chris H  2:48  
We have a section at the end called call to action where we provide tips remedies for you to separate yourself from the Child Support Program.

Chris H  3:00  
Let's look at the neighbors. Okay, in New York, they claim that they have a program that includes 1099 workers, they do not, in fact, they claim it's mandatory, but it's not mandatory in New York. Therefore, you can use this strategy to escape your childhood if you're in New York, however, New Hampshire is attempting to implement such a program, as well as Texas is also implementing a similar program. What New Jersey is now introduced this year.

Chris H  3:32  
So let's let's take a critical look at the worker program. And what are those changes? There were several changes made however, we want to focus on these three here. The first one is called the increase penalties. That's a 5839. And that went into effect April 1 2020. What it says that companies that Miss classify independent contractors are now subject to penalties. That is penalties up to $250 per employees for the first violation and $1,000 for employee for a second violation, as well as what they call gross wages. Why this affect Child Support is we feel that the agency my opinion agents could use this change to threaten an employer to change the classification of an independent worker by saying, well, we don't believe that that worker is independent, and therefore these are the fines if you do not comply with our program.

Chris H  4:33  
The next category is access to tax information that is a 5842. That one's effective immediately. What it says is that there's an exception to the confidentiality clause for your entire tax record. That means the Department of Labor in New Jersey can obtain your entire tax information includes statements, reports, audits, returns and other files in a vehicle in an investigation.

Chris H  5:01  
Regarding taxes next, they could specifically target an industry such as drive sharing industry, the delivery industry, as well as hair salon hair stylists, barber shops, as well as the child support industry. I have a read our next to this, this is a problem. Because as an independent worker, your tax filing is only to be released to the Internal Revenue Service, as well as the state Treasury, but not to the Department of Labor or any other agency. I could see where that Charles, would he somehow gain access to this information to compel men who are on child support, or who are independent workers on child support that they shall and must release their tax returns according to state law.

Chris H  5:53  
Third, posting requirements and anti retaliation, that is a 5843. That's effective April 1 2020. This is where the employers are required to post notice to independent contractors, letting them know of the policies and procedures, as well as to discharge folks or contractors, if they feel somehow they become a problem. Now, this section says that if an employee works to this, then they could be fined for damages. Or the contractor could say, well, you terminated me as a result of a child support in inquiry. Well, this is a problem. This becomes a he said she said, the employer could let the hire have a contract and said, Well, we no longer need your services. The independent contractor says no, you terminated me because Child Support reached out to you. Again, this is a problem within the within the law, how it relates to child support. Now, this affects all independent workers. But specifically, I think child sports affected by this, here's what's happening as well, there is a danger because they're planning legislator a plan to introduce another bill that failed. And that was to change the status of independent workers. Well, here's a problem. If you're an independent worker, 1099. And the Charles wood industry at a state decided that, well, we're not going to classify you as a 1099, we're going to change your status as a worker. And that's a problem. That becomes a constitutional challenge. So these are the three areas. Again, there are other parts of the law. But these three areas I think, poses a threat to men who are, are forced to be on child support as a result of being an independent contractor.

Chris H  7:52  
So here is where my opinion, reviewing that particular wall within New Jersey, it is all about the money. They call it miss classification of independent contractors law, but reading through it, it's all about the money, whatever it is, they want to flow more money into the state Treasury. And by changing this group of men as a result of the gig economy, or the new economy, this is one way to do that.

Chris H  8:27  
I've said this is all about the money in New Jersey under Administrative wage garnishment 45 CFR 32. These are the collections the garnishment for New Jersey over the last five years from 2014 2018. As you can see, there's a steady flow of garnishment. That is about $1.15 million,

Chris H  8:50  
and then it dropped slightly in 2018 to 1.06. So that's a slight drop from a consistency across the board. I wonder why that is happening and what do you do in order to increase or put it back to the same level?

Chris H  9:08  
In a 2010 census, there are 8.9 million residents in the state of New Jersey, the Garden State as well as the with 32,000 acknowledgement of paternity established through the Child Support Program. As you know, acknowledging paternity is one of the avenues for enrolling men in the Child Support Program.

Chris H  9:34  
New Jersey is ranked number eight in terms of garnishment and collections from quote unquote non custodial parents which are usually men. We have a video call the five states cashing in on your payments. You can review that for the top five states.

Chris H  9:56  
So here is my opinion. 22 you

Chris H  10:00  
USC seven, one or two, and that is abuse or threatened abuse of law or legal process, not at New Jersey as introduced this new changes drastic changes to the 1099 worker, what will that do to the Child Support Program or every other program? In my opinion, anyone who's an independent contractor in New Jersey, should pay attention to this law, it is very important, it could change the way you conduct business, as well as if you're involved in child support, or are forced to be involved in child support, pay attention

Chris H  10:38  
to this law.

Chris H  10:42  
So here's some of the challenges I see with this new law. First, the employer manual, which was dated September 2019, clearly indicates that independent contractors are not included in the manual. It is not the section that that's here on the screen, it says termination, it asks for two things. And the first one is you must notify the Child Support Agency when an employee stops working there. But the second and critical part, it says here, you may voluntarily notify us in the event that you're doing a withholding from an independent contractor. Hint, Hint, voluntary, we're not telling you that you should collect, we're not asking you to garnish your check. All we're saying is you notify. So from a federal level, the program is protected.

Chris H  11:39  
The next protection is the consumer protection app. Again, this is a federal program. And it's 15 USC 1673. There's a case called Jones. In this, the justices rule that all independent contractors, wages, earnings, revenues are protected by the consumer from federal level. Again, this may come in conflict with the New Jersey laws. But this is a possible remedy the possible solution, incoming contact with the program.

Chris H  12:15  
Next is the Internal Revenue self Internal Revenue themselves.

Chris H  12:21  
The 1099 independent contractor program was designed by the Internal Revenue Code, title 26, under Section 24. In 538, clearly state that treat all workers in similar position in the same category. That is if there is an attempt to change the classification of a 10 nine and worker, you come into conflict with the federal IRS rules. So that's another problem to pay attention to New Jersey, in my opinion, is attempting to change this strategy, this this policy, they can't do that.

Chris H  12:59  
So here we are at a section called call to action. What do you do if you're on a child support program and you want to escape and you're in New Jersey? Well, first off, you need to understand the changes to the new rules, that is going to be challenging. They've made it and set it up such that

Chris H  13:18  
to keep you on the program, they're willing to change the laws in New Jersey and make them effective immediately. So you pay attention. Now does it prevent you from escaping notice strategies still the same is such that you now have another hurdle to overcome.

Chris H  13:37  
And why is that? So here's the most important piece that as we said in the beginning, that you should now know,

Chris H  13:44  
April 6 of this year 2020. The jersey courts has ordered that students, that is law students, graduate students can now practice law.

Chris H  13:57  
Why we think that's sort of coincidence. At the same time, they've expanded the classification of the independent workers, as it relates to both non child support and child support workers. They also allow basically

Chris H  14:15  
anyone to practice law. So what that means, it means that you now have a group of non lawyers going after a group of newly classified 10 nine workers for the Child Support Program, a coincident maybe if you have any questions on this or you have any comments, please

Chris H  14:39  
You know, send us we'd love to hear from you.

Chris H  14:44  
So this brings us to almost the end where if there's any questions you have on this video or any other video, please email email us as well as we ask that you like or subscribe to our channel and ring notified notification bell. We are

Chris H  15:00  
also asking for donation to keep us continue our research in this area of child support. Our videos are free, but obviously, it takes time and effort and we're asking for a $25 gift or any amount to our channel to support our research cause.

Chris H  15:16  
So here we are at the end, and there's some other videos that you can preview and that is to escape child support. In New Jersey, you need to be aware of the changes within the 1099 classifications. Thanks for staying for joining us. Bye