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Misclassification of a worker occurs when a worker is treated as contract labor when the law does not allow for such classification. Arkansas law determines the proper classification of a worker for unemployment insurance (UI) tax purposes.
Instead, the ABC test looks at the following 3 factors: the control that the company exerts on the worker, whether the work is outside the company's typical business, and. whether the worker normally provides this type of work as an independent business.
Independent contractors typically do not receive the same rights afforded to employees and are responsible for their own retirement plans, insurance and other benefits. When you work as an independent contractor, you are an individual entity.
An employee may quit work at any time without liability on the employer's part. Independent Contractors normally pay all of their own business and travel expenses without reimbursement. An independent contractor is legally responsible for job completion and, on quitting, becomes liable for breach of contract.
An employee performs services in the order or sequence set by the employer. An independent contractor uses his own methods and thus need not receive training from the purchaser of those services.
The ABC test is used in some states to determine whether a person is an employee or an independent contractor for the purpose of determining state unemployment tax.
Arkansas uses an ABC test for unemployment insurance, where in order to obtain independent contractor status under the Employment Security Act, it is necessary that an employer prove each of three statutory subsections: that an individual has been and will continue to be free from control or direction in connection ...