State Worker Classification Tests — Independent Contractor vs Employee
Which legal test each U.S. state uses to distinguish employees from independent contractors (ABC test, common law/right-to-control, or modified ABC), the statutory citation, key exemptions by industry or occupation, and the date the current test took effect.
Records2
Sources2
Verified
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Licencepublic-law
The data
| state | test type | test scope | statutory citation | key exemptions | last amended | misclassification penalty |
|---|---|---|---|---|---|---|
| California | ABC | wage-and-hour | Cal. Lab. Code § 2775 | Exceptions expressly made by a provision of the Labor Code, the Unemployment Insurance Code, or in an applicable order of the Industrial Welfare Commission, including the definition of 'employee' in subdivision 2(E) of Wage Order No. 2 | September 4, 2020 | |
| Massachusetts | ABC | wage-and-hour | Mass. Gen. Laws Ch. 149 § 148B | Services authorized under Chapter 149 | Criminal and civil remedies including debarment as provided in section 27C of this chapter; for workers' compensation violations, punished as provided in section 14 of said chapter 152 and civil remedies including debarment provided in section 27C |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 2 sources this dataset was assembled from.
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2775.
- malegislature.govhttps://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148B
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.