How do I use California's "ABC test" to determine if I have been misclassified as an independent contractor?

To determine if you have been misclassified, you must apply California's "ABC test." Under this test, you are legally considered an employee unless the hiring entity can prove that all three of its specific conditions are met. Here is how to use the ABC test to assess your classification: Step 1: Understand the Legal Presumption First, know that California law presumes you are an employee. The burden of proof is entirely on the hiring company to prove you are an independent contractor, not on you to prove you are an employee. Step 2: Analyze Part A - Control Review if you are free from the company’s control and direction while you work. Gather any documents that show the company controls your work, such as employee handbooks, required training materials, performance reviews, or emails that dictate your schedule, work location, or how you must perform your tasks. If the company controls these things, it fails Part A. Step 3: Analyze Part B - The Company's Core Business Determine if the work you do is outside the usual course of the hiring company’s business. For example, if a retail store hires an electrician to fix its wiring, that work is outside its core business of selling goods. However, if that same store hires a cashier, that work is part of its core business. If your job is central to the company's main business, it fails Part B. Step 4: Analyze Part C - Your Independent Business Check if you are customarily engaged in an independently established business of the same type as the work you perform. Collect proof that you have your own business, such as a business license, invoices to other clients, professional insurance, or evidence that you market your services to the public. If you only work for this one company and do not operate as a true independent business, it fails Part C. Step 5: Check for Professional Exemptions Before making a final determination, you must check if your occupation is exempt from the ABC test under California Labor Code sections 2776-2784. Certain licensed professionals, such as doctors, lawyers, and accountants, along with specific professional and construction services, may fall under a different standard. This list is specific and complex. Important considerations: The hiring company must prove that you meet ALL THREE parts of the test (A, B, and C) to classify you as an independent contractor. If it fails to prove even one part, you are considered an employee under California law and are entitled to protections like minimum wage, overtime, and meal breaks. Note: Be aware of filing deadlines. The statute of limitations for most wage claims in California is three years. The law surrounding exemptions is complicated and changes frequently. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to review the specific facts of your case.