Employee V. Independent Contractor

What is the ”ABC” Test? 

  • 3 steps in determining if a worker in CA should be classified as an independent contractor for wage order purposes are: 

(A) Worker is free from control & direction of hiring entity in connection with the performance of the work;and 

(B) Worker performs work that is outside the usual course of hiring entity’s business; and 

(C) Worker is customarily engaged in an inde- pendently established trade/occupation, of the same nature as the work performed 

*A WORKER IS ONLY AN INDEPENDENT CONTRAC- TOR IF THEY MEET ALL 3 OF THESE REQUIREMENTS* 

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