Carpenter Contractor Trust Urges Codification of the ABC Test In New Jersey to Protect Workers and Honest Contractors

Misclassification isn’t just a labor issue, it’s a fairness issue that affects every taxpayer in New Jersey.”

— Brandon Fishbaum, Workforce Development & Community Affairs Manager, CCT

EDISON, NJ, UNITED STATES, August 25, 2025 /EINPresswire.com/ -- The Carpenter Contractor Trust (CCT) is calling on New Jersey lawmakers to adopt N.J.A.C. 12:11, a rule that would formally codify the long-standing ABC Test used to determine whether a worker is an employee or an independent contractor. CCT stresses that the move is essential to safeguarding workers, ensuring fair competition, and strengthening the state’s labor market.

“Misclassification isn’t just a labor issue, it’s a

fairness issue that affects every taxpayer in New Jersey,” said Brandon Fishbaum, J.D., Workforce Development and Community Affairs Manager of the Carpenter Contractor Trust. “When bad actors skirt the rules, it robs workers of protections, cheats the state out of tax revenue, and undercuts responsible contractors who play by the rules.”

The Cost of Misclassification
Worker misclassification has allowed unscrupulous companies to avoid obligations such as paying unemployment insurance, providing earned sick leave, or complying with wage and hour laws. This creates an uneven playing field, particularly in the construction industry, where legitimate contractors are forced to compete against those who reduce costs by denying workers their rights.

Why the ABC Test Matters
The ABC Test, already part of New Jersey case law, provides clear criteria:
• Workers must be free from the employer’s control and direction.
• The work must fall outside the usual course of the employer’s business.
• The worker must operate as an independently established trade or business.

“These are not burdensome requirements; they’re common-sense standards that prevent exploitation,” Fishbaum emphasized.

A Call for Fairness and Responsibility
Critics of the rule have raised concerns about flexibility, but CCT argues that legitimate business models do not depend on worker exploitation. “Fairness isn’t a burden, it’s the foundation of a strong labor market,” Fishbaum said.

The Carpenter Contractor Trust urges the state to adopt N.J.A.C. 12:11, reinforcing New Jersey’s leadership on labor rights and ensuring that industries compete on skill, safety, and quality, not on who can game the system.