California Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
AB 5 requires the application of the ?ABC test? to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) wage orders.
What difference does it make if a worker is an employee rather than an independent contractor? A. California's wage and hour laws (e.g., minimum wage, overtime, meal periods and rest breaks, etc.), workplace safety laws, and retaliation laws protect employees, but not independent contractors.
When the principal has the "right of control," the worker will be an employee even if the principal never actually exercises the control. If the principal does not have the right of control, the worker will generally be an independent contractor.
The AB5 ABC test is California's three-factor test for determining worker classification. In order to be legally classified as an independent contractor, a worker must satisfy all three components of the test.
California law allows civil penalties to be charged to employers that intentionally misclassify workers. The fine can range between $5,000 and $15,000 per violation, and if there is a pattern of willful misclassification, the courts can fine employers an additional $10,000 to $25,000.
Under the ABC test, that law will deem you to be an employee unless: you are free from the employer's control and direction regarding the performance of the work, both under the contract and in reality, you perform work outside the employer's usual course of business, and.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...