This concurrent resolution asserts that the new rules proposed by the New Jersey Department of Labor and Workforce Development regarding the employment status test for independent contractors are inconsistent with the legislative intent of the existing ABC test established under the unemployment compensation law. The ABC test is designed to determine whether a worker is classified as an employee or an independent contractor based on three specific criteria. The resolution highlights concerns that the proposed modifications to the ABC test would undermine the clarity and consistency intended by the Legislature, particularly by introducing factors that could lead to a presumption of employment rather than independent contracting.

The resolution mandates that the Department of Labor and Workforce Development has 30 days to amend or withdraw the proposed rules following its transmittal. If the department fails to do so, the Legislature retains the authority to invalidate or prohibit the adoption of these rules through a subsequent concurrent resolution. This process is in accordance with Article V, Section IV, paragraph 6 of the New Jersey Constitution, which allows the Legislature to review and challenge administrative agency rules that do not align with legislative intent.