New Jersey proposed rules would codify the ABC test

At a glance

• The proposed rules would formally adopt the Department of Labor and Workforce's interpretation of the statutory ABC test used to determine independent contractor status under multiple New Jersey labor laws.
• The proposal is open for public comment until July 4, 2025, allowing stakeholders to provide feedback before final adoption.

The New Jersey Department of Labor and Workforce Development published a notice of proposed rulemaking that would codify the Department’s interpretation of the statutory 'ABC test' used for determining independent contractor status under the New Jersey Unemployment Compensation Law, the New Jersey Wage and Hour Law, and the New Jersey Wage Payment law, among other state laws. The proposed new rules include detailed guidelines for evaluating the three prongs of the ABC test. The proposed rules are open for public comment until July 4, 2025.