AB5 Independent Contractor Checker
California presumes a worker is an employee unless all three parts of the ABC test are satisfied. Run through the questionnaire below.
Under AB5, a worker is legally an employee unless the business can prove all three: (A) freedom from control, (B) work outside the business's usual course, and (C) an independently established trade. Failing even one part means employee status under the ABC test — unless a statutory exemption shifts the analysis to the older Borello test.
Answer the three ABC test questions, then note whether a statutory exemption might apply.
AB5 Independent Contractor Checker
Classification Result
How this is calculated
If a statutory exemption applies, the ABC test doesn't govern at all — classification instead falls back to the older, multi-factor Borello test, which weighs the degree of control plus factors like whether the work is part of the regular business, who supplies tools/equipment, the skill required, and the permanency of the relationship, with no single factor being automatically decisive.
That's a holistic judgment call this simple questionnaire can't resolve — if exempt, treat "likely contractor" or "likely employee" conclusions here as unreliable and get a case-specific opinion instead. If no exemption applies, the ABC test controls: the worker is presumed an employee, and that presumption is only overcome if all three of A, B, and C are true.
A single "no" answer on any of A, B, or C means the worker fails the ABC test and should be classified as an employee, regardless of how the other two answered. A written contract calling someone a "contractor" doesn't change this analysis — what matters is the real working relationship in practice.
Frequently Asked Questions
What is the ABC test in California?
Under AB5, a worker is presumed to be an employee unless the hiring business proves all three of: (A) the worker is free from the hiring entity's control and direction, (B) the worker performs work outside the usual course of the hiring entity's business, and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature.
What happens if a worker doesn't pass the ABC test?
The worker is legally an employee for wage order, Labor Code, and unemployment insurance purposes — entitled to minimum wage, overtime, sick leave, and other employee protections — unless a statutory exemption applies.
What is the Borello test and when does it apply?
AB5 lists numerous statutory exemptions (for certain licensed professionals, doctors, lawyers, real estate agents, freelance writers/photographers under conditions, construction subcontractors, referral agencies, and more). For an exempted category, the older, multi-factor Borello test applies instead of the ABC test — it weighs control plus several other factors, with no single one being decisive.
Does a written independent contractor agreement settle the classification?
No. Classification is based on the actual working relationship, not the label in a contract. A worker labeled a contractor on paper can still legally be an employee if the real relationship fails the applicable test.
What are the risks of misclassifying an employee as a contractor?
Potential back pay for unpaid overtime and missed breaks, unpaid payroll taxes and penalties, workers' compensation exposure, and civil penalties under Labor Code 226.8, which can range from $5,000 to $25,000 per violation for willful misclassification.
This tool provides an educational estimate only and is not legal advice. Worker classification is fact-intensive and high-stakes — consult an employment attorney before classifying any worker as an independent contractor.