Under California's AB 5 law (Dynamex decision), which factor is NOT part of the ABC test for determining independent contractor status?
Correct Answer
B) The worker has been performing services for less than 90 consecutive days
The ABC test established by Dynamex and codified in AB 5 consists of three prongs: (A) freedom from control, (B) work outside usual business course, and (C) independently established trade. The duration of work (90 days) is not part of the ABC test criteria for independent contractor classification.
Why This Is the Correct Answer
Option B is correct because the duration of work (90 consecutive days) is not part of the ABC test established by the Dynamex decision and codified in California's AB 5 law. The ABC test only has three specific prongs that must all be met for independent contractor classification: freedom from control and direction, work outside the usual course of business, and independently established trade or business. Time duration is irrelevant to this legal standard.
Why the Other Options Are Wrong
Option A: The worker is customarily engaged in an independently established trade or business
Option A is incorrect because it represents the 'C' prong of the ABC test. Under AB 5, the worker must be customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed to qualify as an independent contractor.
Option C: The worker performs work outside the usual course of the hiring entity's business
Option C is incorrect because it represents the 'B' prong of the ABC test. The worker must perform work that is outside the usual course of the hiring entity's business to meet independent contractor requirements under California's AB 5 law.
Option D: The worker is free from control and direction of the hiring entity
Option D is incorrect because it represents the 'A' prong of the ABC test. The worker must be free from the control and direction of the hiring entity in connection with the performance of the work to qualify as an independent contractor under AB 5.
Memory Technique
Remember ABC test as 'Always Be Careful': A=Autonomy (free from control), B=Business separation (outside usual course), C=Customary trade (independently established). No time limits in ABC!
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