Advocacy Alerts

Independent Contractor State Regulation Locator 

10-07-2019 09:17

With California's passage of the AB 5 law that provides policy guidance that defines if an individual is an employee or independent contractor, we can expect other states to follow suit. AB 5 applies the stringent "ABC" test in making the determination. Within the “ABC” test there are just three (3) factors which define if the individual is a contractor but all must be satisfied;

  1. The worker is free from control or direction in the performance of the work under the contract of service and in fact;  
  2. The service is performed either outside the usual course of the business for which it is performed or is performed outside of all places of business of the enterprise for which it is performed; and  
  3. The individual is customarily engaged in an independent trade, occupation, profession, or business.
Currently, there are 18 states that apply the "ABC" test while others apply either the “Common Law” test or a modified version known as the “Direction and Control” test. NGCOA has created this tool to assist members in locating which policy their states current use.


0 Favorited
1 Files
pdf file
State Resources list of IC Regs.pdf   170K   1 version
Uploaded - 10-07-2019

Tags and Keywords

Related Entries and Links

No Related Resource entered.