NJBIA President and CEO Michele Siekerka released the following statement regarding the Sherrill administration’s adoption of a controversial New Jersey Department of Labor and Workforce Development rule that changes the parameters of ABC test to make it more difficult to be an independent contractor in New Jersey.
The proposal was initially made by the Murphy administration on May 5, 2025.
Today marks the day when the Sherrill administration was required to abandon or adopt the rule.
NJBIA’s review of the rules as amended leads us to the conclusion that these changes have not gone far enough at all in providing needed flexibility and clarity for freelancers and businesses. These concerns of uncertainty and lack of predictability were echoed in more than 9,500 letters opposing the rule last year.
The NJDOLWD will impose a 120-day stay of the rule in an effort to work with the Legislature on required statutory changes.
“For over a year, NJBIA has been out front explaining the significant challenges our job creators, our gig workers and our entrepreneurs would face if this Murphy era rule proposal was adopted as stated, effectively grinding significant portions of the gig economy to a halt in New Jersey.
“That proposal significantly reduced flexibility and opportunities for freelance workers who choose to be so, as well as the added costs facing businesses. It is significant to note that the rules would have a negative disproportionate impact on women, working mothers...
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