EmpleoPregunta 910 de 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
Explicación
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.
Referencia Legal: Dynamex; Labor Code §2775 (AB 5)Practica las 1605 preguntas gratis — sin registro.
Preguntas relacionadas de este tema
- For how long must a California employer retain copies of employees' itemized wage statements (or the underlying payroll data)?
- A current employee submits a written request to inspect and copy her payroll records. Within how many days must the California employer comply?
- A carpenter must buy specialized safety boots and use his personal cell phone for job scheduling required by the employer. Under California law, who bears these costs?
- Under the ABC test, prong 'B' requires that the worker perform work that is:
- A general contractor misclassifies several framers as independent contractors to avoid payroll taxes and workers' compensation. Which is a likely consequence?
- Labor Code §226.8 penalizes the 'willful misclassification' of employees as independent contractors. What is the general per-violation civil penalty range under that statute?
Última revisión: · proceso editorial
Sen Lin, Fundador de PrepPass · Verificado con California CSLB Contractor License Law & Business Exam · Cómo revisamos
Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)