Category: Management

New Jersey businesses that work with independent contractors have a new reason to review their worker relationships. New regulations governing the state’s ABC test for independent contractor classification went into effect on October 1, 2026, giving businesses an opportunity to take a closer look at how they classify workers and handle year-end reporting.

The regulations do not establish a new ABC test. Instead, N.J.A.C. 12:11, Application of the Statutory ABC Test for Independent Contractor Status formalizes guidance on how the New Jersey Department of Labor and Workforce Development applies the existing test when determining whether a worker qualifies as an independent contractor.

For businesses that work with independent contractors and issue Forms 1099, understanding these requirements is an important part of staying compliant.

Understanding New Jersey’s ABC Test

New Jersey has long used the ABC test to determine whether a worker can be classified as an independent contractor rather than an employee.

Under this test, a worker performing services for compensation is generally presumed to be an employee unless the business can demonstrate that all three criteria are met.

A: Free From Control

The worker must be free from the company’s control or direction in performing the work, both under the terms of the agreement and in actual practice.

B: Outside the Usual Course of Business

The work must either fall outside the usual course of the company’s business or be performed outside all of the company’s places of business.

C: Independently Established Business

The worker must be customarily engaged in an independently established trade, occupation, profession, or business.

All three criteria must be satisfied for a worker to qualify as an independent contractor under New Jersey’s ABC test. If a business cannot establish any one of the three, the worker generally must be classified as an employee under the applicable law.

Why Businesses Should Review Worker Classification

A signed independent contractor agreement or a Form 1099 does not, by itself, establish that a worker is properly classified. What matters is the nature of the working relationship and whether it meets the requirements of the ABC test.

Businesses may want to review their contractor relationships, particularly when a worker:

• Performs work closely related to the products or services the company provides.
• Works primarily or exclusively for one business.
• Has their schedule, assignments, or work methods directed by the company.
• Has limited evidence of operating an independently established business.

These circumstances do not automatically determine a worker’s classification, but they may warrant a closer review.

It’s also important to remember that worker classification is a compliance decision, not a paperwork choice. Businesses should evaluate the actual working relationship rather than relying solely on contracts, payment arrangements, or tax forms.

When questions arise, consulting a qualified legal or tax professional can help businesses determine the appropriate classification based on the specific facts and circumstances.

How Counter Point Can Help With Payroll and 1099 Reporting

Reviewing worker classification doesn’t mean every independent contractor needs to become an employee. However, when a review determines that a worker should be classified as an employee, businesses need to ensure the worker is properly established in payroll, with the appropriate tax withholding and reporting processes in place.

Counter Point can help businesses incorporate newly classified employees into their payroll processes and manage the associated payroll requirements.

Businesses that continue to work with properly classified independent contractors also have year-end reporting responsibilities.

Counter Point can prepare year-end Forms 1099 for your business, even when those contractors aren’t part of your regular payroll. Our team can help simplify the 1099 processing and reporting process, making year-end responsibilities easier to manage.

With the right support, businesses can spend less time navigating payroll administration and more time focusing on their operations.

Questions About Payroll or Year-End 1099 Processing?

Whether your business needs help with payroll, employee setup, or year-end 1099 reporting, Counter Point is here to help.

This information is provided for general informational purposes only and should not be considered legal or tax advice. Worker classification depends on the facts and circumstances of the individual relationship and the laws that apply. Businesses should consult their legal, tax, or other qualified professional advisors regarding specific classification questions.

New Jersey regulations clarifying how the Department of Labor and Workforce Development (NJDOL) applies the ABC test to worker classification went into effect on October 1, 2026. While the regulations do not create a new test, they formalize the department’s interpretation of existing laws and court decisions, reinforcing the importance of properly classifying workers.

Under New Jersey’s ABC test, workers who provide services for compensation are generally presumed to be employees unless the employer demonstrates that all three requirements are met:

• A: Freedom from control. The worker must be free from control or direction over the work, both under the contract and in practice.
• B: Work outside the business. The services must be outside the company’s usual course of business or performed outside all its places of business.
• C: Independent business. The worker must operate an independently established trade, occupation, profession or business that can continue apart from the relationship.

Failing any one of these requirements generally results in employee classification under the applicable law.

Why Classification Matters

A signed contractor agreement, LLC registration, insurance certificate or Form 1099 does not, by itself, establish independent contractor status. Classification depends on the actual working relationship and whether the legal requirements are satisfied.

Businesses in construction, trucking, landscaping, hospitality and professional services may want to pay particular attention to their contractor arrangements. However, the ABC test can affect businesses across industries.

Misclassification can expose employers to liability for unpaid wages, overtime, unemployment contributions and other employment-related obligations, depending on the circumstances. Worker classification is a compliance decision, not simply a payment or paperwork choice. Businesses must look beyond contracts and tax forms to ensure their working arrangements meet New Jersey’s legal requirements.

How We Can Help

Counter Point can help you review your payroll practices, identify potential classification concerns and ensure your payroll processes support compliance. If you have questions about how your contractor arrangements may affect your business, contact our team to discuss your needs.

For small business owners, offering benefits beyond an employee’s regular wages can be an effective way to attract and retain employees. But not all benefits are treated the same for tax purposes. Some may be taxable to employees and subject to payroll taxes, while others may be excluded from taxable income.

Understanding the difference can help employers avoid unexpected tax obligations and ensure benefits are handled correctly.

What Are Fringe Benefits?

Fringe benefits are forms of compensation provided to employees in addition to their regular wages or salary. They can include cash, property, services, discounts and other perks.

Common examples include bonuses, employer-provided vehicles, certain employer-paid insurance benefits, educational assistance and employee discounts.

While fringe benefits can provide value to employees, employers should determine the tax treatment of each benefit before offering it. In general, taxable fringe benefits must be included in an employee’s income and reported on their Form W-2.

Which Benefits Are Required?

Not every employee benefit is considered a fringe benefit. Some benefits are required by federal, state or local law, depending on factors such as the employer’s location, size and workforce.

Requirements may include:

• Workers’ compensation
• Unemployment insurance
• Certain family and medical leave
• Other state or local programs

Because requirements vary, small business owners should review the laws that apply to their organization and employees. Required benefits and voluntary benefits should be considered separately when developing a compensation and benefits program.

Which Fringe Benefits Are Taxable?

A common misconception is that employee perks are automatically tax-free. In many cases, the value of a fringe benefit is taxable to the employee.

Generally, taxable benefits must be included in an employee’s wages and may be subject to federal income tax withholding and Social Security and Medicare taxes. Examples can include:

• Bonuses
• Personal use of an employer-provided vehicle
• Certain employer-paid club or recreational memberships
• Moving expense payments that exceed allowable exclusions
• Certain employer-provided life insurance coverage above applicable limits

When a noncash benefit is taxable, its value may be added to an employee’s taxable wages. This is often referred to as imputed income.

The tax treatment can depend on the type and value of the benefit, as well as how it is provided, so employers should review the applicable rules before determining how a benefit should be reported.

What Benefits May Be Tax-Free?

Certain fringe benefits may be excluded from taxable income when specific requirements are met. Examples can include:

• Qualified transportation benefits
• Certain dependent care assistance
• Group-term life insurance coverage up to applicable limits
• Some employee discounts
• Certain educational assistance
• Qualified retirement planning services
• Certain adoption assistance
• De minimis benefits, such as occasional noncash gifts or company events

These exclusions often come with specific requirements and limitations. Employers should not assume that a benefit is tax-free simply because it falls into one of these categories.

How Are Fringe Benefits Valued?

When a fringe benefit is taxable, employers generally need to determine its fair market value. This is typically based on what an employee would have paid to obtain the same benefit under similar circumstances.

The amount an employer pays for a benefit may not always equal its fair market value. For example, an employer may receive a discounted rate for a service, while the employee’s taxable benefit could be based on the value of that service to the employee.

Accurate valuation is important because it affects the amount reported as taxable income and the taxes that may apply.

Managing Fringe Benefits

Before offering a new employee benefit, small business owners should consider both its value to employees and its tax and administrative requirements. Employers should also document how benefits are provided, who is eligible, and how their value is determined.

Because tax rules and benefit requirements can change, reviewing benefits regularly can help identify potential issues and keep payroll records accurate.

A well-planned benefits program can provide meaningful value to employees while helping employers manage costs and compliance. Understanding which benefits are required, which may be taxable, and how benefits should be valued is an important part of responsible compensation management.

Workplace violence is something no employer wants to think about, but preparing for it is an essential part of creating a safe workplace. From verbal threats and harassment to physical assaults, workplace violence can occur in any industry and has significant human and financial consequences.

According to the National Institute for Occupational Safety and Health (NIOSH), workplace violence costs employers an estimated $121 billion each year through lost productivity, medical expenses, legal costs, and other business impacts.

The good news is that employers can reduce risk by taking a proactive approach. These five steps can help build a workplace violence prevention program that protects employees while supporting compliance. 

1. Create a Written Prevention Plan

A written workplace violence prevention policy establishes expectations and provides employees with a clear course of action if an incident occurs. Even where state laws do not require a formal policy, having one demonstrates a commitment to employee safety.

Your plan should define prohibited behaviors, reporting procedures, emergency contacts, and response protocols. Organizations with multiple locations should also develop site-specific response plans that address the unique risks of each workplace.

2. Assess Workplace Risks

Every workplace faces different safety challenges. Healthcare employees may encounter violence from patients, while retail workers may be more vulnerable to customer incidents or robberies.

The Centers for Disease Control and Prevention (CDC) identifies four primary categories of workplace violence:

• Criminal intent
• Customer or client violence
• Worker-on-worker violence
• Personal relationship violence

Understanding which risks are most likely to affect your workplace helps you develop prevention strategies that address your organization’s unique needs.

3. Train Employees to Recognize and Respond

A policy is only effective if employees know how to apply it. Training should help staff recognize warning signs, understand reporting procedures, and respond appropriately during threatening situations.

Training should address workplace violence broadly rather than focusing solely on active shooter scenarios. It should also prepare employees for realistic situations without relying on unnecessarily graphic or alarming content.

4. Document Incidents and Evaluate Your Program

Every reported incident should be documented thoroughly, including who was involved, what occurred, when and where it happened, and how the organization responded. Consistent documentation helps identify patterns, supports investigations, and demonstrates an employer’s commitment to maintaining a safe workplace.

Just as important, organizations should regularly review incidents, employee feedback, and workplace conditions to identify opportunities for improvement. Workplace violence prevention is an ongoing process, and policies should evolve as risks and business needs change.

5. Enforce Policies Consistently

Even the best prevention plan is only effective if it is consistently followed. Employees should understand why security measures and reporting procedures exist and feel confident that concerns will be taken seriously.

Regularly reviewing policies for compliance with applicable federal, state, and local requirements and applying them consistently across the organization helps strengthen both workplace safety and legal defensibility.

Prevention Starts with Preparation

A strong workplace violence prevention strategy is about more than having a policy in place, it’s about creating an environment where employees know what to do, feel comfortable raising concerns, and trust that their safety is a priority. Proactive planning today can help organizations respond more effectively when challenges arise.

New Jersey employers should take note of important changes to the New Jersey Family Leave Act (NJFLA) that took effect on July 17, 2026. The amendments significantly expand eligibility, meaning more employers must provide job-protected family leave and more employees can qualify sooner. 

Here are the key changes:

• More employers are covered. The NJFLA now applies to employers with 15 or more employees, down from the previous threshold of 30 employees.
• Employees qualify sooner. Workers are now eligible for NJFLA leave after three months of employment and 250 hours worked in the previous 12 months. Previously, employees had to work 12 months and 1,000 hours to qualify.
• Expanded job protections. The amendments also provide additional job protections for certain employees receiving New Jersey Family Leave Insurance (FLI) or Temporary Disability Insurance (TDI) benefits when other leave laws do not apply.

These updates mean many smaller employers will need to review their leave policies, employee handbooks, and HR practices to ensure they comply with the revised law.

With leave requirements continuing to evolve, staying current can help reduce compliance risks while ensuring employees receive the protections available to them.

Business travel is essential for building relationships, driving growth, and supporting collaboration, but it also creates significant financial and cybersecurity risks.

According to a survey of 1,000 business travelers, travel-related fraud costs companies as much as $2.8 billion annually. These losses stem from both external cyber threats and internal expense fraud, making business travel a growing area of concern for employers.

Criminals understand the challenges that come with travel: tight schedules, unfamiliar environments, and constant distractions. These conditions make traveling employees particularly attractive targets.

Common Travel Fraud Risks

1. Public Wi-Fi and Device Security

Airports, hotels, and conference venues present additional security risks.

Cybercriminals may create fake Wi-Fi networks that appear legitimate, allowing them to intercept sensitive data or capture login credentials. Employees accessing company systems, email, or financial information on unsecured networks can unknowingly expose corporate data.

The need to stay connected while traveling often leads employees to prioritize convenience over security.

2. Expense Fraud

Not all travel fraud comes from external sources. Expense fraud remains one of the most common forms of internal misconduct.

While 94.7% of employees report completing expense reports honestly, 5.3% admit to committing expense fraud, according to survey data.

Common examples include:

• Inflated mileage claims
• Duplicate expense submissions
• Altered receipts
• Personal expenses submitted as business-related

Because many organizations still rely on manual reviews, small discrepancies can accumulate over time and remain undetected.

3. Phishing and Fake Travel Communications

Business travelers are frequent targets of phishing attacks disguised as airline, hotel or booking communications. Messages claiming a flight has been canceled or requesting updated payment information create urgency and encourage employees to act quickly.

These scams often direct travelers to fraudulent websites designed to steal login credentials, payment information, or corporate account access. Because travelers are focused on keeping their schedules intact, they may be less likely to verify the legitimacy of these messages.

4. Executive Impersonation Scams

Travel schedules often make executives difficult to reach, creating ideal conditions for business email compromise attacks.

Fraudsters may impersonate a traveling executive and send urgent requests to finance or HR teams, asking for wire transfers, vendor payments, or confidential information. The inability to quickly verify requests can increase the likelihood that employees comply.

5. Conference and Event Risks

Conferences and industry events concentrate large numbers of employees, devices and company information in one location.

Attackers may use fake Wi-Fi networks, malicious QR codes, credential harvesting tactics or fraudulent vendors to gain access to sensitive information. Because these events encourage networking and digital engagement, suspicious activity can easily blend into the environment.

How Employers Can Reduce Risk

1. Educate Employees

Pre-travel security reminders can help employees recognize phishing attempts, avoid suspicious networks, and identify social engineering tactics. Informed travelers serve as an important first line of defense.

2. Strengthen Travel Controls

Centralized booking platforms, approved vendors, and corporate card policies provide greater visibility into travel spending and help reduce opportunities for fraud before expenses occur.

3. Secure Executive Accounts

Multi-factor authentication, strict payment approval procedures, and secondary verification methods can significantly reduce the risk of executive impersonation scams. Financial transactions should never rely solely on email approval.

4. Protect Devices

Organizations should require virtual private network (VPN) use, encrypt company devices, and disable automatic Wi-Fi connections. Remote wipe capabilities can also protect company data if a device is lost or compromised.

5. Improve Expense Oversight

Clear expense policies, receipt requirements, and periodic audits help identify inconsistencies. Automated expense management tools can detect duplicate claims and unusual spending patterns before reimbursements are approved.

Balancing Mobility and Security

Business travel remains critical for growth, collaboration, and client relationships, but it also introduces financial and cybersecurity risks organizations cannot afford to ignore.

By strengthening expense controls, securing company devices, and educating employees, businesses can reduce fraud exposure without limiting mobility. Modern expense management solutions provide greater visibility and accountability before, during, and after travel, helping organizations protect their people, payments, and data.

Artificial intelligence is creating new efficiencies for businesses, but it is also creating new risks for employers. According to research and advisory firm Gartner, an estimated one in four job applicants could be fake by 2028.

Scammers are increasingly using AI to create convincing identities for remote job applications. They can generate professional resumes, polished headshots, fake websites, and realistic LinkedIn profiles that make them appear highly qualified. Some even use AI face filters and voice-altering technology during interviews.

The risks extend far beyond a bad hire. Once inside a company, fraudulent employees may attempt to steal sensitive information, install malware, or gain unauthorized access to internal systems.

Federal investigators have already uncovered networks involving North Korean operatives using fake identities to secure remote U.S. IT jobs. According to the U.S. Department of Justice, these schemes generate hundreds of millions of dollars annually, with funds supporting the country’s military and nuclear weapons programs.

Warning Signs During the Hiring Process

While AI-generated candidates can appear convincing, employers should remain alert for potential red flags.

Be cautious if:

• A candidate’s qualifications do not match their interview performance
• Responses seem overly scripted or vague
• A candidate’s appearance or voice changes during a video interview
• Employment history cannot be independently verified
• LinkedIn profiles contain inconsistencies or limited professional connections

Live video interviews can help identify suspicious behavior. Some experts recommend asking candidates to briefly place a hand in front of their face during interviews, which may disrupt AI face filters.

Strengthening Verification Procedures

Employers should take additional steps to confirm candidate identities and work histories before hiring.

Best practices include:

• Contact previous employers directly to verify employment dates and job titles
• Conduct background checks through reputable third-party providers
• Ask detailed questions about previous workplaces, schools, or locations
• Require live video interviews instead of audio-only calls
• Properly verify Form I-9 documents, even for remote workers

Protecting the Business After Hiring

Strong internal controls are just as important after onboarding.

Employers should:

• Limit employee access based on job responsibilities
• Monitor for unusual system activity or unauthorized access attempts
• Separate financial responsibilities to reduce fraud risks
• Encourage coordination between HR, IT, legal, and finance teams

As AI continues to evolve, businesses that strengthen hiring practices and internal safeguards will be better prepared to protect their operations, employees, and data from increasingly sophisticated fraud attempts.

New research from Economist Enterprise highlights a noticeable shift in today’s employee mindset, one that business owners should be paying close attention to. In an uncertain economy, many workers are putting stability ahead of advancement and rethinking their retirement timelines.

Employees Are Staying Put, But Not for the Reasons You Think

The study, which surveyed 2,063 full-time employees ages 18–62, shows that while employees are staying in their roles, it’s not necessarily because they’re happy. The U.S. quit rate has dropped to a decade low of 2%, pointing to a slowdown in job movement. But rather than signaling satisfaction, it reflects a more cautious, risk-aware workforce.

In fact, 62% of employees say they’re prioritizing long-term job security over exploring new opportunities, largely due to economic uncertainty. Even more telling, 30% say they’ve stopped looking for new roles altogether over the past five years because they’re concerned about losing stability. For employers, this creates a bit of a balancing act: a workforce that appears steady, but may not be fully engaged.

Retirement Expectations Are Moving Further Out

At the same time, expectations around retirement are shifting in a meaningful way. Workers now anticipate retiring nearly four years later than they originally planned and, for most, it’s not by choice.

Only 20% of those expecting to delay retirement say it’s because they enjoy their work. Instead, rising living costs (47%) and healthcare expenses (41%) are the primary drivers.

What’s especially noteworthy is how early this concern is starting. Even Gen Z employees are already expecting to delay retirement by an average of five years. It’s a clear sign that financial security, and the role employers play in supporting it, is top of mind across generations.

What This Means for Business Owners

For business owners, this presents an important opportunity. Salary alone isn’t the deciding factor it once was. Today’s employees are looking for stability, clear communication, and benefits that support their long-term well-being.

Employers who invest in their team by strengthening benefits offerings, providing financial wellness resources, and reinforcing a sense of security can build stronger trust and engagement within their teams. In a time when many employees are feeling cautious, businesses that offer clarity and confidence will stand out.

A recent survey conducted by an independent research firm in November 2026 of 2,000 U.S. hiring managers points to a growing challenge many business owners may recognize: only 6% say they currently have the talent they need to complete high-priority projects. The results suggest a widening gap between what organizations need and the skills available in today’s workforce, an issue that continues to affect employers across industries.

More than half of respondents said they plan to hire both permanent and contract professionals in 2026 to help close these gaps. Meanwhile, 62% reported that skills shortages are more pronounced than they were just a year ago, indicating that the challenge isn’t just ongoing but is becoming more urgent.

Hiring Is Getting Harder

Nearly two-thirds of managers (65%) said the rise in artificial-intelligence-generated job applications has made hiring more difficult. Meanwhile, 58% noted it has become harder to identify “truly qualified candidates” compared with the previous year. Together, these trends suggest that while applicant volume may be rising, identifying the right talent is becoming more complex.

Looking Inward for Talent

Faced with these pressures, many organizations are rethinking their approach to talent acquisition. Instead of relying solely on external hiring, some companies are turning inward, recognizing that the skills they need may already exist within their workforce. As roles evolve and technology reshapes how work gets done, employees who have steadily built their capabilities are often well positioned to take on new challenges.

High performers, in particular, tend to seek growth opportunities. When their ambitions align with organizational goals and culture, retaining and developing them becomes a strategic advantage rather than a retention challenge.

Why Upskilling Matters

Professional development offers measurable benefits beyond skill building. It can improve productivity, efficiency, engagement, and retention. When development initiatives are tied directly to business priorities, upskilling becomes more than a training exercise; it becomes a strategic lever that supports both employee growth and organizational resilience.

Where HR Can Focus

To maximize impact, HR teams may want to prioritize upskilling efforts that focus on:

• Closing self-inflicted skills gaps: Supporting employees as they adapt to new tools, technologies, and ways of working.
• Personalized learning paths: Using learning management systems and AI-enabled tools to tailor development to individual roles and career goals.
• Retention through growth: Providing clear advancement opportunities that keep top performers engaged and invested.

Preparing for What’s Next

Together, these strategies make upskilling one of HR’s most practical and forward-thinking ways to support performance and retention. Instead of scrambling to address talent shortages after they arise, organizations can get ahead by preparing employees for what’s next. Companies that invest in developing their own teams are often better positioned to adapt to change, hold on to valuable institutional knowledge, and rely less on external hiring in today’s competitive talent market.

New Jersey recently expanded its state retirement savings law, known as RetireReady NJ.

What changed

The state has lowered the employer size threshold from 25 employees to 10 employees for businesses that do not already offer a qualified retirement plan. This change was signed into law in January 2026.

Who is affected

You may be covered by this requirement if your business:

• Has 10 or more employees
• Has been operating in New Jersey for at least two years
• Does not currently offer a qualified retirement plan (such as a 401(k), SIMPLE IRA, or SEP)

Important timing note

While the law is now in effect, employers with 10–24 employees are being phased into the program. The State of New Jersey has indicated that newly covered employers will be notified and given specific registration deadlines over time. There is not a single immediate deadline for all 10-25 employee businesses.

For the purposes of determining whether the number of employees, part-time employees are counted the same as full-time employees. 

Employees who count toward the 10+ threshold are: 

• 18 years of age or older 
• Work or live in NJ 
• Receive wages subject to NJ income tax withholdings 
• Receive a W2 at the end of the year from the employer 

Your options for compliance

Covered employers can meet the requirement in one of two ways:

1. Participate in the state‑run RetireReady NJ program, or
2. Offer your own qualified retirement plan, which automatically exempts you from the state program

Many employers choose to explore private retirement plan options because they can offer greater flexibility, employee engagement, and potential tax advantages.

The Counter Point Team is closely monitoring the state’s rollout schedule and would be happy to help you understand if and when this applies to your business, and what option may make the most sense for you.