10/21/2026
Paying someone on a 1099 feels simpler. No payroll withholding, no unemployment contributions, one form at the end of the year.
That's why it's tempting. But in New Jersey, getting it wrong is expensive, and the state's test for who counts as an employee can be tougher to pass than the federal one.
The short version: New Jersey starts by assuming every worker is an employee. To treat someone as an independent contractor, the business has to prove all three parts of the state's ABC test.
Fail any one part and that worker is an employee for state purposes, which means back contributions, penalties paid directly to the worker, and possibly personal liability for owners and managers. The IRS runs its own separate test on top of that.
1099 or W-2 in New Jersey? How the ABC test works, the 2026 rule changes, misclassification penalties, the IRS test and the new $2,000 1099 threshold.