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New York, by contrast, has long relied on the multifactor common law right to control test in the unemployment context. Unlike the A-B-C Test, no one factor is decisive. The factors largely focus on supervision, direction and control, the first factor of the A-B-C- Test.

As explained above, the 20-Factor Test provides criteria for assessing how much control and independence a worker has in their relationship with a hiring company. The general goal is to understand whether a business has the right to direct and control a worker's actions.

In California, the ABC test is one of the tests courts use to determine whether a worker or a vendor is actually an employee vs an independent contractor. Employees have a right to legal protections under state and federal employment law, such as overtime pay, the minimum wage, and other employee benefits.

5. The proposed S2052 would implement the "ABC Test," which classifies workers as employees unless the (a) worker is free from the control of the hiring entity, (b) the work performed is outside the hiring entity's bailiwick, and (c) the worker is "customarily engaged" in the type of work he is hired to do.

AB 5 requires the application of the ?ABC test? to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) wage orders.

The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...