TAKE ACTION: Urge Governor Sherrill to Adopt
the Proposed Department of Labor Regulation
on the Misclassification of Workers as Independent Contractors
With a May 5, 2026 deadline quickly approaching to approve proposed Department of Labor regulations, please take a moment to contact the Sherrill administration and front office staff and urge them to adopt them as soon as possible. The business community is aggressively running a campaign to fight these regulations, including the attached poll they are using to lobby officials, linked here.
The regulations (NJAC 12:11: ABC test – Independent Contractor) would help address the widespread abuse of workers when they are misclassified as independent contractors, rather than as employees. When companies intentionally violate our state’s wage and hour laws, workers are exploited and legitimate contractors and businesses are placed at a competitive disadvantage.
The Sherrill administration should understand the drastic negative impact misclassification has on workers. These workers receive no unemployment insurance, no workers compensation, no access to employer health insurance or employer sponsored pensions, no overtime, no paid family leave, no disability insurance, no paid sick leave and they aren’t even required to be paid the minimum wage. Finally, their right to join a union is stripped away from them because their independent contractor status places them outside of the National Labor Relations Act.
Misclassification not only hurts the state financially, but it is enormously profitable for companies that cheat – a Murphy administration study estimates the state loses over $500 million in payroll taxes a year due to misclassification.
The New Jersey State AFL-CIO does not oppose legitimate independent contractor classification. We recognize that work schedule flexibility is important to many workers. However, that same flexibility can be provided to workers while the employer can be in compliance with the law when classified as a W-2 earner (employee). Being in compliance with the law and having a flexible work schedule can both be achieved at the same time and is not a “one or the other” choice as many in the business community would like you to believe.
Please help assist us and advocate to pass these regulations by contacting the Sherrill administration. Scott Altieri is the Director of Labor in the governor’s office and can be contacted at Scott.Altieri@nj.gov. Please CC our Legislative Director, Eric Richard at ericrichard@njaflcio.org. Together we will illustrate this is a priority for organized labor and that it needs to be finalized before the May 5, 2026, deadline.
TAKE ACTION: Urge Governor Sherrill to Adopt
the Proposed Department of Labor Regulation
on the Misclassification of Workers as Independent Contractors
With a May 5, 2026 deadline quickly approaching to approve proposed Department of Labor regulations, please take a moment to contact the Sherrill administration and front office staff and urge them to adopt them as soon as possible. The business community is aggressively running a campaign to fight these regulations, including the attached poll they are using to lobby officials, linked here.
The regulations (NJAC 12:11: ABC test – Independent Contractor) would help address the widespread abuse of workers when they are misclassified as independent contractors, rather than as employees. When companies intentionally violate our state’s wage and hour laws, workers are exploited and legitimate contractors and businesses are placed at a competitive disadvantage.
The Sherrill administration should understand the drastic negative impact misclassification has on workers. These workers receive no unemployment insurance, no workers compensation, no access to employer health insurance or employer sponsored pensions, no overtime, no paid family leave, no disability insurance, no paid sick leave and they aren’t even required to be paid the minimum wage. Finally, their right to join a union is stripped away from them because their independent contractor status places them outside of the National Labor Relations Act.
Misclassification not only hurts the state financially, but it is enormously profitable for companies that cheat – a Murphy administration study estimates the state loses over $500 million in payroll taxes a year due to misclassification.
The New Jersey State AFL-CIO does not oppose legitimate independent contractor classification. We recognize that work schedule flexibility is important to many workers. However, that same flexibility can be provided to workers while the employer can be in compliance with the law when classified as a W-2 earner (employee). Being in compliance with the law and having a flexible work schedule can both be achieved at the same time and is not a “one or the other” choice as many in the business community would like you to believe.
Please help assist us and advocate to pass these regulations by contacting the Sherrill administration. Scott Altieri is the Director of Labor in the governor’s office and can be contacted at Scott.Altieri@nj.gov. Please CC our Legislative Director, Eric Richard at ericrichard@njaflcio.org. Together we will illustrate this is a priority for organized labor and that it needs to be finalized before the May 5, 2026, deadline.