Home / Glossary / The ABC Test (Dynamex)

California Employment Law Glossary

The ABC Test (Dynamex)
Misclassification

 

Definition


 

California's ABC test - established by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court and later codified by AB 5 - creates a legal presumption that all workers are employees. To lawfully classify a worker as an independent contractor, the hiring company must prove all three prongs: (A) the worker is free from the company's control and direction, (B) the work performed is outside the company's usual course of business, and (C) the worker is customarily engaged in an independently established trade or business.


Frequently Asked Questions

The company must show you're free from its control, that your work is outside its usual business, and that you're customarily engaged in an independently established trade of your own.

If a company fails even one prong of the ABC test, you're legally presumed to be an employee, entitled to the full range of wage and hour protections.

Think this applies to you?

If your employer cannot satisfy all three prongs of the ABC test, you may be a misclassified employee entitled to full protections. Get a free case review.
Get a Free Case Review

This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.