The ABC’s of the ABC Test: An Analysis of Worker Classification Under N.J.A.C. 12:11
Category: On Demand
Member Price: $200
Non-Member Price: $250
Areas of Law: Labor & Employment, Taxation
Featured Speaker
Moderator
- John L. Shahdanian, II, Esq.
- Trenk Isabel Siddiqi & Shahdanian P.C., Livingston
Presenters
- Kevin D. Jarvis, Esq.
- Acting Commissioner, NJ Department of Labor and Workforce Development
- Kathleen McLeod Caminiti, Esq.
- Fisher & Phillips LLP, Berkeley Heights
- Ravi Sattiraju, Esq.
- Sattiraju & Tharney, LLP, East Windsor
- Carmela G. Walrond, Esq.
- JLD Tax Resolution Group, Union City
The new ABC Test rule becomes effective October 1, 2026. The new rules, which determine whether a worker is an employee or an independent contractor, gives employers a limited window to reassess existing worker classifications. This is critical because if a worker is determined to be an employee, a business must provide legal protections, pay payroll taxes, and grant benefits such as minimum wage, overtime, workers' compensation, and unemployment insurance to them.
Are your clients prepared for compliance with and reassessment of worker classifications? This comprehensive seminar will delve into the New Jersey Department of Labor’s May 2026 final regulations governing independent contractor status to provide you with a solid understanding of the new regulations. The presenters will analyze the new regulations and then present you with compliance strategies that will help you better advise and represent your clients.
Topics include:
- Laying the groundwork for the ABC Test: A historical background and regulatory genesis of the ABC Test with a discussion on Carpet Remnant and East Bay Drywall
- Dissecting the three prongs of the ABC Test
- Industry impact and sector-by-sector analysis: Gig economy, construction, media, financial services, and professional services.
- Enforcement, penalties and litigation risk: The mechanics of a NJDOL audit, stop work orders, retroactive liability, and the multi-statute enforcement playbook.
- Compliance strategies and the ethics of counseling: Practical audit protocols, contract drafting, reclassification planning and professional responsibility in classification counseling.