The 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 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 framework.
As a result, the resolution calls for the Department of Labor and Workforce Development to amend or withdraw these proposed rules within 30 days of the resolution's transmittal. If the department fails to do so, the Legislature reserves the right to invalidate or prohibit the adoption of the rules through a subsequent concurrent resolution. This legislative action emphasizes the importance of maintaining the integrity of the ABC test and ensuring that the criteria for determining employment status remain aligned with the original intent of the law.