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On May 5, 2026, the New Jersey Department of Labor and Workforce Development (“NJDOL”) filed its final rule adopting N.J.A.C. 12:11, which provides regulatory guidance on how the state’s longstanding “ABC” test is applied to determine whether a worker is an employee or an independent contractor. The final rule, which carries an operative date of October 1, 2026, arrives after a contentious rulemaking process that drew sharp criticism from financial services and insurance to construction and app-based transportation. While the ABC test itself is nothing new in New Jersey—it has been the statutory standard for nearly 90 years—these rules represent the first comprehensive regulatory framework explaining how the NJDOL interprets and applies the test. Critically, the ABC test in New Jersey governs not just unemployment insurance but also the state’s Wage and Hour Law, Wage Payment Law, Earned Sick Leave Law, and Temporary Disability Benefits Law, giving these rules a practical reach far broader than similar regulations in most other states. Employers operating in the state should begin evaluating their independent contractor relationships now to prepare for implementation.

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Background: New Jersey’s ABC Test

Under New Jersey law, any service performed for remuneration is presumed to be “employment” unless the putative employer demonstrates that the worker satisfies all three prongs of the ABC test.&nbsp;

weTo read the full post, please visit our <a href="https://blankromeworkplace.com/2026/05/12/same-abcs-new-rules-new-jersey-finalizes-updated-regulatory-framework-for-worker-classification/">Blank Rome Workplace</a> blog.

Gabrielle I. Weiss

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Same ABCs, New Rules: New Jersey Finalizes Updated Regulatory Framework for Worker Classification

Same ABCs, New Rules: New Jersey Finalizes Updated Regulatory Framework for Worker Classification

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Same ABCs, New Rules: New Jersey Finalizes Updated Regulatory Framework for Worker Classification

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