Advisors get a win as NJ Senate passes independent contractor bill
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.
Brooke E. Lacey has more than 20 years of experience writing about the financial services industry. Contact her at [email protected]



Industry experts warn NAIC: Fix flawed IUL illustrations now
‘Low-risk’ homes are flood-exposed as storm season begins
Advisor News
- What’s behind private equity investment in insurance brokerages
- Advisors get a win as NJ Senate passes independent contractor bill
- Why federal retirement benefits are more complex than advisors realize
- Why timing the market is still a retirement mistake and what to do instead
- Business owners may be overlooking a key part of their financial picture
More Advisor NewsAnnuity News
- Best’s Special Report: U.S. Life/Annuity Industry Sees Bottom-Line Growth Despite 18% Decline in Total Income in First-Quarter 2026
- Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
- Fortitude Re Completes $500 Million FABN Issuance
- Reframing retirement income for greater certainty
- Jackson Introduces Dow Jones Industrial Average Index Option, Flexible Premiums, Six-Year Rate Guarantee in Latest Registered Index-Linked Annuity Launch
More Annuity NewsHealth/Employee Benefits News
- California is getting ready to increase a health insurance tax. Will it affect your premium?
- Report: Rural Virginia hospitals at risk of closure
- JasonRhodesnamed to Shelbyville CityCouncil
- Getting disability benefits got harder after the Social Security Administration changes
- Capitol Beat: Scott's veto signatures piling up
More Health/Employee Benefits NewsLife Insurance News
- OVER $107 MILLION IN LIFE INSURANCE BENEFITS LOCATED FOR TENNESSEANS IN 2025 THROUGH NAIC'S LIFE INSURANCE POLICY LOCATOR SERVICE
- Maryland Heights man pleads guilty in murder-for-hire death of his mom
- AM Best Affirms Credit Ratings of Everlake Life Group Members
- Industry experts warn NAIC: Fix flawed IUL illustrations now
- InsuranceAUM.com Celebrates a Historic 5th Annual Insurance Investment Executives’ Meeting in Chicago, Honoring Outstanding Industry Leaders and Spotlighting Next Event in Austin
More Life Insurance News