The resolution declares 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 proposed changes, however, are seen as undermining the clarity and consistency of this classification by introducing factors that could lead to a presumption of employment, thereby contradicting the original legislative intent.
As a result, the resolution mandates that the Department of Labor and Workforce Development has 30 days to amend or withdraw the proposed rules. If the department fails to do so, the Legislature reserves the right 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.