Under California's AB5 legislation, which factor is NOT part of the ABC test for determining independent contractor status?
Correct Answer
B) The worker provides their own tools and equipment
The ABC test has three prongs: (A) freedom from control, (B) work outside usual course of business, and (C) independently established trade. Providing tools/equipment is not part of the ABC test, though it may be considered under other employment tests.
Why This Is the Correct Answer
The ABC test under AB5 contains exactly three prongs: (A) freedom from control/direction, (B) work performed outside the usual course of the hiring entity's business, and (C) the worker is customarily engaged in an independently established trade or business. Providing tools and equipment is part of older multi-factor tests (like the Borello test) but has never been a prong of the ABC test.
Why the Other Options Are Wrong
Option A: The worker is free from control and direction of the hiring entity
Prong A of the ABC test directly addresses freedom from control and direction of the hiring entity in connection with the performance of the work. This IS part of the test.
Option C: The worker is customarily engaged in an independently established trade or business
Prong C of the ABC test requires the worker to be customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. This IS part of the test.
Option D: The worker performs work outside the usual course of the hiring entity's business
Prong B of the ABC test requires that the work be performed outside the usual course of the hiring entity's business. This IS part of the test.
Memory Technique
ABC = Always Be Checking these three only: (A) control-free, (B) outside core business, (C) own established trade. Tools are NOT in the alphabet—tool ownership belongs to the old Borello world, not AB5.
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