California AB5 Law, The ABC Test

This article is not legal advice. I am not an attorney, and don’t even need this disclaimer, but it’s here because it may give the impression that I know what I’m talking about. I repeat: this is not legal advice. It is for entertainment and education purposes only.

2750.3.

 (a) (1) For purposes of the provisions of this code and the Unemployment Insurance Code, and for the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied:

  • (A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
  • (B) The person performs work that is outside the usual course of the hiring entity’s business.
  • (C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.