EmploymentQuestion 241 of 690

Under the ABC test, prong "B" requires that, to classify a worker as an independent contractor, the worker must:

a.Carry their own license and bond
b.Perform work that is outside the usual course of the hiring entity's business
c.Be paid by the project rather than by the hour
d.Have worked in the trade for at least five years

Explanation

Prong B of the ABC test requires that the worker performs work outside the usual course of the hiring entity's business. A framer hired by a framing contractor would fail prong B, because framing is the company's core business.

Law Reference: Labor Code §2750.3

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