Reference Source

Delaware

For Delaware, test type is ABC; test scope is unemployment-insurance; statutory citation is 19 Del. C. § 3302(10)(K); key exemptions is Service performed by an individual in agricultural labor, recorded from its source on 2026-08-18.

state
Delaware verified
test type
ABC our reading
test scope
unemployment-insurance our reading
statutory citation
19 Del. C. § 3302(10)(K) our reading
key exemptions
Service performed by an individual in agricultural labor verified
Sourcedelcode.delaware.gov
Verified
Review by
DatasetState Worker Classification Tests — Independent Contractor vs Employee

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

Notwithstanding any other provisions of this chapter and irrespective of whether the common-law relationship of employer and employee exists, services performed by an individual for wages, unless and until it is shown to the satisfaction of the Department that: (i) Such individual has been and will continue to be free from control and direction in connection with the performance of such service, both under the individual’s contract for the performance of services and in fact; and (ii) Such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and (iii) Such individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

delcode.delaware.gov, retrieved 2026-08-18

Source

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