Puppeteers, magicians, and teaching artists could all qualify under the 10-factor test
New Jersey may have just handed arts employers a way around one of the toughest contractor tests in the country.
Senate Bill 4715, introduced on October 5, 2026, would let creative professionals work as independent contractors without clearing the state's ABC test - widely regarded as one of the most employer-unfriendly classification frameworks in the US. Instead, the bill sets up a separate 10-factor test designed specifically for the arts sector.
The sponsors - Senators Gordon M. Johnson and Troy Singleton - are targeting a pain point that arts organizations, museums, theaters, and educational institutions know well. Under the current ABC test, hiring a freelance choreographer for a three-week residency or a lighting designer for a single production can trigger the same classification scrutiny as onboarding a full-time staffer.
Here is how the new pathway works. The hiring entity must show the engagement runs on a written agreement covering the project scope, compensation, IP rights, and cancellation terms. The worker keeps creative control over how the work gets done, can say no to any gig without penalty, and cannot be locked into the same duties as regular employees under the same supervision.
Who counts as a "creative professional"? The list is long. Actors, musicians, choreographers, writers, visual artists, curators, scenic designers, teaching artists - and, yes, puppeteers and...
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