Make the Road NJ Calls on Gov. Sherrill to Protect Workers, Reject Push to Delay Worker Misclassification Rule

Protections for misclassified workers, set to take effect October 1, would make it harder for companies to deny employees their rightful wages and benefits

Elizabeth, NJ — With workers across New Jersey set to gain stronger protections against misclassification on October 1, business lobbyists and Senate President Nick Scutari are asking Governor Mikie Sherrill to delay the new rule until July 2027. The push for a delay is part of a broader campaign by business and right-wing groups to gut the ABC test altogether.

The rule, adopted in May, clarifies the state’s 90-year-old ABC test used to determine whether a worker is an employee or independent contractor. By providing clearer criteria and standards — based on decades of New Jersey Supreme Court and Appellate Division precedent — the rule makes it harder for employers to strip their workers of their rightful wages, benefits, and legal protections.

Members of Make the Road New Jersey organized for years alongside misclassified workers in support of the rule, calling on the state to fight the ‘gigification’ of work.

In response, Make the Road New Jersey Director Nedia Morsy released the following statement calling on Governor Sherrill to stand with workers:

“We need this rule to stop companies from cheating their workers, plain and simple. Businesses found a loophole where all they have to do is classify their employees as independent contractors, and then they can deny them basic protections like the minimum wage, overtime pay, and paid sick leave. Misclassification is an attack on workers’ rights, and delaying this rule would only reward the companies doing it.

“Workers organized for years to win these protections and now we need our state lawmakers to stand with us. We’re calling on Governor Sherrill to hold the line against the business lobby and let this rule take effect.”

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