asset: state-worker-classification-tests

asset_type: classification-test

body: 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.

key_field: state

licence: public-law

title: State Worker Classification Tests — Independent Contractor vs Employee

type: dataset


body:
**state:** California

**test_type:** ABC

**test_scope:** wage-and-hour

**statutory_citation:** Cal. Lab. Code § 2775

**key_exemptions:** 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

**last_amended:** September 4, 2020

> California Supreme Court’s decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2775.>

last_amended: September 4, 2020

state: California

statutory_citation: Cal. Lab. Code § 2775

test_scope: wage-and-hour

test_type: ABC

title: California — State Worker Classification Tests — Independent Contractor vs Employee

type: classification-test

unverified_fields: key_exemptions, statutory_citation, test_scope, test_type


body:
**state:** Massachusetts

**test_type:** ABC

**test_scope:** wage-and-hour

**statutory_citation:** Mass. Gen. Laws Ch. 149 § 148B

**key_exemptions:** Services authorized under Chapter 149

**misclassification_penalty:** 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

> an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:— (1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and (2) the service is performed outside the usual course of the business of the employer; and, (3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

Source: <https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148B>

key_exemptions: Services authorized under Chapter 149

state: Massachusetts

statutory_citation: Mass. Gen. Laws Ch. 149 § 148B

title: Massachusetts — State Worker Classification Tests — Independent Contractor vs Employee

unverified_fields: key_exemptions, misclassification_penalty, state, statutory_citation, test_scope, test_type