MisclassificationABC Test

What is the ABC test for employee classification in California?

Answer

Under AB5 and the California Supreme Court's Dynamex decision, a worker is presumed to be an employee unless the hiring entity proves ALL THREE of these criteria: (A) The worker is free from the company's control in performing the work; (B) The work is outside the usual course of the company's business; and (C) The worker is customarily engaged in an independently established trade or business of the same nature.

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MisclassificationABC Test

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