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New Jersey DOL Proposed Rule 

New Jersey’s Department of Labor (DOL) is proposing a new definition  of what it means to be an independent contractor in New Jersey. 

About the ABC Test - Rule 12:11

The new rule threatens to dramatically hurt the rights of workers to choose independence and the entrepreneurial dream. New Jersey’s DOL is attempting to formalize their use of an independent contractor definition test called the ABC test. Click here to see the full proposed rule N.J.A.C. 12:11.

New Jersey’s proposal pushes more workers to be employees instead of independent business owners. At Openforce we support the rights of workers to choose independence or employment. Our technology and services are designed for people that want to be independent, that want to start and grow their own businesses. We want everyone to have the right to pursue the path that works for them and their families. If that means employment, there are a lot of good employment opportunities in New Jersey and beyond. If that means independence, we work every day to provide technology and resources to ICs to help them succeed. 

How To Get Involved

We oppose efforts like New Jersey’s that try to force workers into only one path. Workers should have choices. If you live or work in New Jersey and want to preserve your right to choose independence, you can let your voice be heard by emailing New Jersey’s Department of Labor.

Here is a link to a message template you can send them, or you can email your comments directly to:

David Fish, Executive Director
Legal & Regulatory Services
NJ Dept. of Labor & Workforce Development
David.fish@dol.nj.gov

In your comments say whatever you want to say. Effective comments include:

  • Tell your story. Tell NJ about your business and what it means to you to be a small business owner. For example, 
    • Provide your name
    • Why have you chosen to be an independent business owner? 
    • What does your business do?
    • How long have you been in business?
    • What do you like about running your own business?
    • What are the challenges to running your business?
    • What are the business decisions you make that determine whether you will be profitable?
    • What are your business goals?
    • What would it mean to you if you were forced to be an employee?
  • Be civil and polite
  • Be clear in your points
  • Reference NJ ABC Test, Independent Contractors NJAC 12:11 Comments in your email subject line

The deadline to submit comments is August 3, 2025.