In an op-ed published Wednesday on the business news site BINJE, business consultant Brenda Ross-Dulan said the state’s proposed rule to tighten criteria used for classifying independent contractors is a well-intentioned regulation, but would undermine the state’s economy.
“The goal – reducing worker misclassification – is a worthy one. However, the regulation’s design, based on a rigid ‘ABC test,’ risks sweeping in legitimate small businesses and professionals who choose independent work as a career – not out of necessity, but by design,” said Ross-Dulan, who is managing principal of the Ross Dulan Group.
“As a business strategy consultant and corporate board member, I work across industries with companies of all sizes. I’ve seen firsthand how the rise of independent work models—particularly among knowledge workers, specialized service providers, and professional consultants—has enabled economic participation, entrepreneurial innovation, and flexibility that benefits both businesses and workers,” she said.
However, the New Jersey Department of Labor’s proposed regulation threatens to undo that progress, Ross-Dulan said. “It mirrors a California-style ABC test, which assumes that a worker performing a company’s core function must be an employee—even if that individual runs their own firm, serves multiple clients, and actively chooses not to be tied to a single employer.”
“The future of work is not binary. It’s not just W-2 employees or exploited gig workers,” Ross-Dulan said. “There is a growing ecosystem of independent professionals powering everything from corporate innovation to community-based services. We should be supporting them – not making their work harder.”
To read the entire op-ed, go to BINJE.com here.
