Puppeteers, magicians, and teaching artists could all qualify under the 10-factor test
New Jersey may have just handed arts employers a way around one of the toughest contractor tests in the country.
Senate Bill 4715, introduced on October 5, 2026, would let creative professionals work as independent contractors without clearing the state's ABC test - widely regarded as one of the most employer-unfriendly classification frameworks in the US. Instead, the bill sets up a separate 10-factor test designed specifically for the arts sector.
The sponsors - Senators Gordon M. Johnson and Troy Singleton - are targeting a pain point that arts organizations, museums, theaters, and educational institutions know well. Under the current ABC test, hiring a freelance choreographer for a three-week residency or a lighting designer for a single production can trigger the same classification scrutiny as onboarding a full-time staffer.
Here is how the new pathway works. The hiring entity must show the engagement runs on a written agreement covering the project scope, compensation, IP rights, and cancellation terms. The worker keeps creative control over how the work gets done, can say no to any gig without penalty, and cannot be locked into the same duties as regular employees under the same supervision.
Who counts as a "creative professional"? The list is long. Actors, musicians, choreographers, writers, visual artists, curators, scenic designers, teaching artists - and, yes, puppeteers and magicians.
The bill also protects employers from tripping into employee status over technicalities. A freelancer who works under their own name, lacks a separate office, earns income intermittently, or uses the employer's equipment does not automatically become an employee.
But it is not a free pass. The carve-out does not cover admin roles, food service, custodial work, construction, or anyone under 18. Employers cannot just slap a "creative" label on routine operational work. And workers covered by a collective bargaining agreement are excluded where applying the bill would diminish their rights.
On enforcement, the Department of Labor and Workforce Development can still challenge a contractor classification - but has to give employers written notice and 90 days to fix documentation gaps before imposing penalties, except where fraud or coercion is involved. Anti-retaliation protections stop employers from blacklisting anyone who pushes back on their classification.
For HR teams at any New Jersey organization engaging freelance creatives - from community theaters to universities to design studios - this bill would open a far more workable classification pathway than the ABC test currently allows.
S4715 remains at introduction stage and has not been voted on. If enacted, it would take effect immediately.
