The bill, S. 4204, is modeled after California’s AB 5 and would adopt a modified “ABC” test. Introduced November 7 and sponsored by Stephen M. Sweeney, New Jersey Senate President, S.4204 would make individuals who perform services for remuneration employees and not independent contractors, unless: a. The individual has been and will continue to be free from control or direction over the performance of the service, both under the individual’s contract of service and in fact; and b. The individual’s service is outside the usual course of the business for which that service is performed; and c. The individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the work performed.
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