New Jersey employers:
If you hire independent contractors, be mindful that New Jersey’s Department of Labor and Workforce Development (NJDOL) recently filed a notice of proposal for new rules with the state Office of Administrative Law (OAL), which would codify the NJDOL’s interpretation of the ABC test for independent contractor status under the New Jersey Unemployment Compensation Law, the New Jersey Wage and Hour Law, and the New Jersey Wage Payment law. NJAC_12_11_(independent_contractor)_notice_of_proposal_FILED_4_3_25.pdf
The proposed rules include guidelines for evaluating whether or not a worker qualifies as an independent contractor under the ABC test and reflect a continuing effort by the NJDOL to deter misclassification of workers and increase compliance state-wide.
A 60-day period began on May 5, 2025, during which the NJDOL is receiving written comments on the proposed new rules.