Congressman Donald Norcross Leads 47 Democrats in Letter Opposing the
Trump Administration’s Worker Misclassification Rule
The New Jersey State AFL-CIO applauds our union brother and Labor Caucus Co-Chair, Congressman Donald Norcross (CD-1) (IBEW 351,) for leading 47 House Democrats in a letter urging Acting Secretary of Labor Sonderling to “maintain the strong 2024 independent contractor standard under the FLSA and rescind the proposed rule weakening this standard.” A full copy of the letter can be found here.
Here in New Jersey, the New Jersey State AFL-CIO continues to strongly advocate for strong independent contractor standards for workers, and has urged the Sherrill administration to approve proposed Department of Labor regulations concerning independent contractors before the May 5, 2026 deadline.
The regulations (NJAC 12:11: ABC test – Independent Contractor) would help to address the widespread abuse of workers when they are misclassified as independent contractors, rather than as employees. Misclassified workers have no access to employer health insurance or employer sponsored pensions, overtime pay, paid family leave, disability insurance, paid sick leave and they aren’t required to be paid the minimum wage. Their status as independent contractors also strips them of their right to unionize, as their status places them outside of the National Labor Relations Act.
On February 26, 2026, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) to rescind the 2024 worker classification rule and return to an “economic reality” test. The rule will make it easier for businesses to classify workers as independent contractors, and will strip millions of workers of vital legal protections.
“Accurate employee classification is essential to ensure every worker is afforded the rights and protections guaranteed under the FLSA that they deserve,” wrote the representatives in the letter. “Overly narrow interpretations of this relationship expose workers to greater risk of misclassification – which results in catastrophic losses in wages and benefits for that individual and subsequent losses in state and federal revenues,” the lawmakers concluded.
We sincerely thank Congressman Norcross, and Labor Caucus Co-Chairs Reps. Mark Pocan (WI-02), Steven Horsford (NV-04), and Debbie Dingell (MI-06) for taking swift action to protect the rights of all working people.