SCR 138 New Jersey Senate · 2024-2025 Regular Session

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
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Nov 10, 2025
Introduced
Introduced in the Senate, Referred to Senate Labor Committee
upper
1 primary · 0 co-sponsors

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Role
Legislator
Party
State
District
P
Photo of Declan O'Scanlon
Declan O'Scanlon
RRepublican
NJ
13