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 of these: (A) the worker is free from its control, (B) the work is outside the business's usual course, and (C) the worker has an independently established trade. Failing any one part means employee status under the ABC test, unless a statutory exemption sends the question 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 is not used. Classification goes back to the older, multi-factor Borello test. It weighs the degree of control along with other factors: whether the work is part of the regular business, who supplies tools and equipment, the skill required, and how permanent the relationship is. No single factor decides the outcome.
A questionnaire like this one can't resolve that kind of weighing. If the worker is in an exempt category, don't rely on a "likely contractor" or "likely employee" result here. Get an opinion on the specific case. If no exemption applies, the ABC test controls: the worker is presumed to be an employee unless all three of A, B and C are true.
One "no" on A, B or C means the worker fails the ABC test and should be classified as an employee, whatever the other two answers are. A written contract that calls someone a "contractor" doesn't change this. The test looks at how the work is done day to day.
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, and is 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 many statutory exemptions: certain licensed professionals, doctors, lawyers, real estate agents, freelance writers and photographers under set conditions, construction subcontractors, referral agencies and more. For an exempt category, the older multi-factor Borello test applies in place of the ABC test. It weighs control plus several other factors, and no single one is decisive.
Does a written independent contractor agreement settle the classification?
No. Classification depends on the working relationship, not the label in a contract. A worker called a contractor on paper is legally an employee if the 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 depends heavily on the facts, and mistakes are costly. Consult an employment attorney before classifying any worker as an independent contractor.