Advisors get a win as NJ Senate passes independent contractor bill - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Top Stories
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Advisor News
Top Stories RSS Get our newsletter
Order Prints
June 19, 2026 Top Stories
Share
Share
Post
Email

Advisors get a win as NJ Senate passes independent contractor bill

Image shows the New Jersey Senate and a generic bill
The New Jersey Senate is considering a bill that would exempt financial advisors from employer definitions. (This image was created with AI)
By Brooke Lacey

The New Jersey Senate voted 35-2 Thursday on legislation to clarify the choice of independent contractor status for certain licensed or regulated professionals, including financial advisors.

The bill intends to protect specific licensed or regulated professionals (including independent financial advisors and insurance producers) from being reclassified as employees under the state's independent-contractor rules. This bill codifies that understanding and retroactively applies its provisions to any past agreements regarding that relationship.

“Passage of this legislation will create certainty that’s been absent, ensuring that financial professionals can continue to be independent advisors,” said Dan Barry, assistant vice president of legislative affairs for the Financial Services Institute, which submitted comments.

The bill goes to the General Assembly and must be signed by Gov. Mikie Sherrill

Barry noted that FSI supported similar legislation in 2019 (California Assembly Bill 5), which was passed in 2019 and gave clarity to independent advisors in that state. Other trade groups active on the issue include the National Association of Insurance and Financial Advisors and the Insured Retirement Institute.

The FSI letter urged state lawmakers to advance the bill to provide certainty for the independent financial services industry, which remains exposed to potential challenges to advisors’ classification under the New Jersey Department of Labor and Workforce Development’s final independent contractor rule.

“This legislation would help ensure the NJDOL’s independent contractor rule does not cause undue uncertainty or lead to the misclassification of financial services professionals,” Barry said.

ABC test a challenge

New Jersey has relied on the ABC test to determine whether a worker is legally classified as an independent contractor or an employee. The test presumes a worker to be an employee unless the hiring entity can prove all three of the following conditions:

A – The worker is free from the control and direction of the hiring entity in performing the work, both under the contract and in fact.

B – The worker performs work that is outside the usual course of the hiring entity’s business.

C – The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Prong B is the hardest for financial advisors to meet because it mandates that a contractor perform work outside the usual course of the hiring company's business.

The current bill bypasses multi-factor tests altogether by making a valid written contract the sole determining factor for those designated professions.

Want to be independent

Barry noted that independent advisors choose that model for a reason, but there is some ambiguity around their work. A 2025 survey, conducted by FSI and Oxford Economics, found that only 11% of New Jersey independent financial advisors would accept employment with a financial firm if they were unable to keep their independent contractor status.

In addition, of the 600 independent financial advisors surveyed, 19% said they would retire rather than become an employee of their broker-dealer, and 58% said they would make changes to their business to avoid employment status.

“Independent financial advisors choose the independent contractor model for the freedom and flexibility to build their own business. An independent advisor’s business is an asset that would be lost if the advisor is classified as an employee,” Barry said.

The letter to the Senate noted that: “In New Jersey, independent contractors with at least one employee own and operate approximately 2,323 financial and insurance services firms. These independent-contractor-led firms employ an estimated 6,300 people—accounting for 25% of all employees in the financial and insurance services industry in the state.”

This bill was passed out of the Senate Budget and Appropriations Committee on June 4, advancing to the second reading.

“The bill does have bipartisan support and we have some confidence the Senate will get it done,” Barry said. “We’re hoping to get it through the Senate by the end of June.”

© Entire contents copyright 2026 by InsuranceNewsNet.com Inc. All rights reserved. No part of this article may be reprinted without the expressed written consent from InsuranceNewsNet.com.

No image

Brooke E. Lacey has more than 20 years of experience writing about the financial services industry. Contact her at [email protected]

Older

Industry experts warn NAIC: Fix flawed IUL illustrations now

Newer

‘Low-risk’ homes are flood-exposed as storm season begins

Advisor News

  • A hybrid approach outperforms the 4% Rule, researchers find
  • The missing piece in most retirement plans
  • Clients are bringing TikTok insurance advice into advisor meetings
  • Embracing a family-centric approach to financial planning
  • Family communication: Financial planning’s growing blind spot
More Advisor News

Annuity News

  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
  • Cayman Islands premier to meet with U.S. reinsurance regulators
  • Investigation finds deceptive sales, churning of annuities targeting postal workers
  • Corebridge annuity sales slip ahead of Equitable marriage
  • California teachers settle class-action lawsuit over in-plan annuity fees
More Annuity News

Health/Employee Benefits News

  • AG Clark sues over effort to undermine Affordable Care Act protections
  • Trump administration finalizes restrictions on Medicaid and CHIP funding for youth gender-affirming care
  • Drugmakers, health insurers battle over coupons for high-cost medicine
  • Idaho lawmakers look into a hospital insurance dispute
  • Manatee County man faces felony charge after $34k disability fraud, deputies say
More Health/Employee Benefits News

Life Insurance News

  • Insurers, rating firms push back on NAIC credit rating oversight plan
  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
  • Symetra Named to PEOPLE® Companies That Care™ List for Second Consecutive Year
  • LIMRA: Individual life sales continue growth trend in Q2, led by whole life and VUL
  • New York Life Awards 20 Golden Futures Scholarships, Expanding Student Support Through Financial Education and Career Development
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
  • Royal Neighbors Unveils Its 2026 Scholarship Recipients 2026 Royal Neighbors Scholars Making a Difference Across the Country
  • Ibexis Announces Expanded Bank Relationships and New Index Options for FIA Plus® and WealthDefender® Series
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet