Under California's ABC test codified in Labor Code §2775 (AB-5), a worker is presumed to be an EMPLOYEE (not an independent contractor) unless the hiring entity proves all three of the following EXCEPT:
Explanation
Labor Code §2775 (codifying Dynamex and AB-5) presumes employee status unless the hiring entity proves all three ABC prongs: (A) freedom from control, (B) work outside the usual course of the hiring entity's business, and (C) independent establishment in the same trade. A written 'independent contractor agreement' is NOT one of the ABC prongs — labels are explicitly disregarded; substance controls. The construction-subcontractor exception in §2781 still requires the sub to be licensed and meet additional criteria; without those, even a written agreement cannot create independent-contractor status.
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