New Jersey's clarified independent-contractor regulations became operative October 1. The final rule was effective June 1 but deliberately had a later operative date. The New Jersey Register confirms that distinction.
The putative employer must satisfy all three parts of the ABC test. The worker must be free from control in contract and practice; the service must be outside the usual business or outside all its places of business; and the worker must customarily engage in an independently established trade, occupation, profession or business.
The Labor Department says the regulations apply to laws including unemployment compensation, wage and hour and wage payment. A contractor label on a form does not alone establish that someone lacks employee protections under those state laws.
The department describes the adopted text as a synthesis of court decisions and removed proposed examples after feedback. It should not be framed as abolishing legitimate independent contracting. Retain contracts, records of control, work location and payment terms when questioning status. October is a fresh operative milestone; individual rights still depend on the relationship and the relevant law.