Declares Department of Labor and Workforce Development new rules concerning employment status test for independent contractors inconsistent with legislative intent.
SCR 138 is a legislative resolution (not a bill) declaring that proposed Department of Labor rules modifying New Jersey's ABC test for worker classification are inconsistent with the Legislature's intent. The ABC test, established in unemployment law, determines if a worker is an employee or independent contractor based on three standards: lack of employer control, services outside the business's usual course, and independent trade status. The proposed rules (N.J.A.C. 12:11) would wrongly treat standard business practices - like requiring digital apps or liability insurance - as evidence of employer control, and limit independent contractor options for transportation network company drivers. The resolution gives the Department 30 days to amend the rules or faces potential invalidation by the Legislature.
Bill status
in committee
1 of 4 stages cleared
Introduction
Nov 2025
Committee Review
Floor Vote
Governor
Introduced Nov 10, 2025
Last action Nov 10, 2025
Floor votes
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Full legislative history
Actions timeline
Total actions
1
Key actions
0
Committee
0
Nov 10, 2025
Introduced
Introduced in the Senate, Referred to Senate Labor Committee
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Declan O'Scanlon
RRepublican
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