The rise of the gig economy has led to the misclassification of many workers as independent contractors. When employers misclassify workers as independent contractors, they lose out on many important rights and benefits. An effective means of differentiating between the two has never been more important, but the many tests in use at present often yield unpredictable results, leading to confusion on the part of both employers and workers. Recently, California joined a long list of other states in adopting the "ABC test" to make this important distinction. This Note rejects the growing call for widespread adoption of the ABC test, examining potentially overlooked problems with the test. It proposes eliminating the extent of control factor and replacing it with the nationwide adoption of a simple three factor model composed of the ABC's test presumption of employee status, coupled with factors from the common law test, and an education or skills training requirement. This novel, hybrid approach minimizes self-serving behavior by employers while avoiding many of the pitfalls of the ABC and other tests.
Sarah F. Carter,
What Is an Employee? Crafting a More Effective Test for the Modern Workforce,
47 Fla. St. U. L. Rev.