EmploymentQuestion 910 of 1605
Under California's 'ABC test' for worker classification, a worker is presumed to be an EMPLOYEE unless the hiring entity proves all three prongs. Which of the following is one of those prongs?
a.The worker owns their own vehicle
b.The worker files a Schedule C on their tax return
c.The worker has agreed in writing to be called a contractor
d.The worker is free from the control and direction of the hirer in performing the work
Explanation
The ABC test, adopted in Dynamex and codified by AB 5 (Labor Code §2775), presumes employee status unless the hiring entity proves: (A) the worker is free from the hirer's control and direction; (B) the work is outside the usual course of the hiring entity's business; and (C) the worker is customarily engaged in an independently established trade or business of the same nature. A written label, tax-form choice, or vehicle ownership does not satisfy the test.
Law Reference: Dynamex; Labor Code §2775 (AB 5)Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)