NJ SCR138

Declares proposed Department of Labor and Workforce Development rules modifying the ABC test for determining independent contractor vs. employee status to be inconsistent with legislative intent

Objects to specific proposed rules that would treat use of digital applications/software, obtaining liability insurance, and drivers' vehicles as indicators of employment rather than independent contractor status

Criticizes proposed rules for rendering irrelevant traditional independent contractor markers such as professional licensure, working for multiple employers, and filing Federal Form 1099

Gives the Department of Labor and Workforce Development 30 days from transmittal to amend or withdraw the proposed rules at N.J.A.C. 12:11, or the Legislature may invalidate them through another concurrent resolution

Invokes Article V, Section IV, paragraph 6 of the New Jersey Constitution, which authorizes legislative review and potential invalidation of agency rules found inconsistent with legislative intent