Under California's AB 5 legislation implementing the Dynamex decision, which factor is NOT part of the three-prong ABC test for determining independent contractor status?
Correct Answer
A) The worker provides their own specialized tools and equipment
The ABC test under AB 5 has three specific prongs: (A) freedom from control, (B) work outside usual business course, and (C) independently established trade/business. While providing tools may be relevant, it is not one of the three mandatory ABC test criteria established by the Dynamex decision and codified in AB 5.
Why This Is the Correct Answer
The ABC test under AB 5 has three specific prongs: (A) freedom from control, (B) work outside usual business course, and (C) independently established trade/business. While providing tools may be relevant, it is not one of the three mandatory ABC test criteria established by the Dynamex decision and codified in AB 5.
Why the Other Options Are Wrong
Option B: The worker performs work outside the usual course of the hiring entity's business
This IS Prong B of the ABC test: the worker must perform work outside the usual course of the hiring entity's business. For example, a plumber hired by a retail store performs work outside the store's usual business, supporting independent contractor status.
Option C: The worker is free from control and direction of the hiring entity
This IS Prong A of the ABC test: the worker must be free from the control and direction of the hiring entity in performing the work, both under the contract and in fact. This is the foundational control prong.
Option D: The worker is customarily engaged in an independently established trade or business
This IS Prong C of the ABC test: the worker must be customarily engaged in an independently established trade, occupation, or business. This means the worker operates their own independent business, not just working for one entity.
Memory Technique
Remember the ABC test by its prongs: A = Autonomy (free from control), B = Business scope (outside usual business), C = Customarily self-employed. Tools and equipment ownership is NOT in the ABC — it's a distractor from other tests.
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