O’Scanlon, Scharfenberger, Flynn Stand with Gig Workers, Will Introduce Resolution to Stop DOL Rule
August 12, 2025Senator Declan O’Scanlon, Assemblyman Gerry Scharfenberger, and Assemblywoman Vicky Flynn (R-13) announced their intention to introduce legislation that would declare the new Department of Labor and Workforce Development rules concerning the employment status test for independent contractors inconsistent with legislative intent, if the Department doesn’t respond to the public outcry and rescind or satisfactorily modify their proposed rule changes.
Both Democrats and Republicans in the Legislature have formally opposed the rule proposal and urged NJDOL to abandon the proposal.
“This is yet another misguided attempt by the Murphy administration to overregulate New Jerseyans out of their livelihoods,” said Sen. O’Scanlon. “These proposed rules by the DOL directly contradict the Legislature’s intent and would wreak havoc on independent contractors who rely on flexibility and autonomy to make a living. We’re not going to sit back and let unelected bureaucrats and Trenton Democrats make life more expensive and more complicated for thousands of hardworking people. That’s why I’ll be introducing legislation to declare these rules inconsistent with legislative intent and stop them before they do serious harm if the DOL doesn’t respond to the public outcry and significantly modify or entirely rescind the proposed rule changes. The livelihoods of countless New Jerseyans are on the line.”
“The proposed changes would be disastrous for anyone who depends on the flexibility that independent contracting provides,” said Assemblyman Scharfenberger. “From small business owners to part-time freelancers, this is a lifeline for thousands of people across New Jersey. Stripping away this independence would burden both gig workers as well as businesses who prefer to work with independent contractors in a more copacetic arrangement. This is government fixing what isn’t broken—and we will not let it happen.
“These rules are a direct attack on worker freedom and the ability of New Jerseyans to control their own livelihoods,” said Assemblywoman Flynn. “For many independent contractors—especially parents, caregivers, and those juggling multiple jobs—this flexibility isn’t a luxury, it’s a lifeline. The Murphy administration’s proposal would rip that away, forcing people into rigid employment models that don’t work for their lives. I will fight alongside Senator O’Scanlon and Assemblyman Scharfenberger to stop this overreach in its tracks and ensure Trenton doesn’t crush the very opportunities our residents depend on.”
The proposed change seeks to reinterpret the long-standing “ABC test” used to determine whether a worker is an independent contractor or an employee causing thousands of gig workers—including rideshare drivers, financial advisors, truck drivers, freelance creatives, and on-demand service providers—to potentially lose their independent status, taking away their ability to choose how and when they work and requiring businesses to pay increased taxes.
Article V, Section IV, paragraph 6 of the NJ Constitution allows the Legislature to review any rule or regulation adopted or proposed by an administrative agency. This review determines if the rule is consistent with the Legislature’s intent, as expressed in the statute it aims to implement. If the Legislature finds a rule inconsistent with its intent, it can transmit this finding to the Governor and the head of the agency responsible for the rule. This is typically done through a concurrent resolution passed by both houses.
A similar proposal was passed into law in California in 2019, but was rolled back almost entirely just a year later after residents and gig workers were negatively impacted.