EmploymentQuestion 953 of 1605
For certain occupations exempt from the ABC test, California instead applies the older multifactor 'Borello' test. Under Borello, what is the most significant single factor in deciding employee versus contractor status?
a.How the parties labeled the relationship in a contract
b.The hirer's right to control the manner and means of accomplishing the work
c.The color of the worker's uniform
d.Whether the worker was paid weekly
Explanation
The Borello test (from S.G. Borello & Sons v. Department of Industrial Relations) weighs multiple factors, but the most significant is whether the hirer has the right to control the manner and means by which the work is performed. Secondary factors include who supplies tools, the skill required, opportunity for profit or loss, and permanence of the relationship. The label the parties use is not controlling; the economic reality and right-to-control govern.
Law Reference: Borello factors; S.G. Borello & Sons v. DIRPractice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)