According to AB5, which of the following factors is NOT part of the ABC test used to determine if a worker is an independent contractor?
Correct Answer
D) The worker has been with the company for less than 90 days
The ABC test under AB5 consists of three prongs (A, B, C). Length of employment is not a factor in the ABC test.
Why This Is the Correct Answer
The ABC test under AB5 consists of exactly three prongs: (A) freedom from control and direction, (B) work outside the usual course of the hiring entity's business, and (C) customarily engaged in an independently established trade or business. Length of employment or a 90-day tenure threshold is not part of the ABC test and has no bearing on the analysis.
Why the Other Options Are Wrong
Option A: The worker performs work outside the usual course of the hiring entity's business
Prong B of the ABC test specifically requires that the worker 'performs work outside the usual course of the hiring entity's business.' This is one of the three actual prongs and is therefore a legitimate part of the test, not the answer.
Option B: The worker is free from control and direction in performing the work
Prong A of the ABC test requires that the worker 'is free from control and direction of the hiring entity in connection with the performance of the work.' This is the first of the three prongs and is a genuine component of the test.
Option C: The worker is customarily engaged in an independently established trade or business
Prong C of the ABC test requires that the worker 'is customarily engaged in an independently established trade, occupation, or business.' This is the third prong and is a real part of the test.
Memory Technique
Lock in the three ABC prongs with 'CFI': C = Control (free from it?), F = Field (work outside their usual field?), I = Independent (truly independent trade?). Anything else — like tenure, wages, or benefits — is NOT part of the ABC test. '90 days' sounds like an employment rule, not a classification test.
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Under AB 5 (Assembly Bill 5), which factor is NOT part of the ABC test for determining independent contractor status in California?
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