Bill > ACR177

This concurrent resolution addresses proposed rules by New Jersey's Department of Labor and Workforce Development concerning the classification of workers as independent contractors or employees, which the Legislature believes do not align with the original legislative intent of the ABC test. The ABC test, part of the state's unemployment compensation law, requires three specific standards to be met for a worker to be classified as an independent contractor: being free from employer control, performing services outside the usual business course or location, and being engaged in an independently established trade or profession. The resolution finds that the proposed rules improperly modify these standards by introducing factors that effectively presume employment status, such as considering digital application usage, liability insurance, and professional licensure as indicators of employment rather than independent contracting. The resolution gives the Department of Labor 30 days to amend or withdraw these proposed rules at N.J.A.C. 12:11, or the Legislature may take further action to invalidate them, consistent with the state constitution's provisions for legislative review of administrative rules.

Labor and Employment

https://www.njleg.state.nj.us/bill-search/2024/ACR177