Press Coverage April 29, 2025

N.J. Gig Work Proposal Revives Doubts for Uber Driver Model

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Richard Reibstein

Richard Reibstein, a partner in Troutman Pepper Locke’s Independent Contractor Misclassification + Compliance, was quoted in the April 29, 2025 Bloomberg Law article, “N.J. Gig Work Proposal Revives Doubts for Uber Driver Model.”

The proposed regulation, if finalized without any changes, arguably could make New Jersey’s classification test more stringent than California’s test in some ways, said Richard Reibstein, an employment attorney with Troutman Pepper Locke LLP.

Among them, the proposal says actions that hiring parties take to comply with laws and regulations could be considered a factor indicating control over the worker—a point in favor of classifying the worker as an employee under prong A of the ABC test. Most states including California don’t consider compliance with the law to count as evidence of control, he said.

…

While California imposes a strict ABC test, the state also has enacted exemptions for 75 industry and job types to allow for independent contractor classifications that otherwise might not be allowed.

“Like California, the legislators in New Jersey will be inundated by lobbyists” seeking exemptions, if the labor department implements the regulation as it’s currently written, Reibstein said.

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