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derived_fields
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3
3
id
stringclasses
10 values
key_exemptions
stringclasses
7 values
last_amended
stringclasses
1 value
source
stringclasses
10 values
source_quote
stringclasses
10 values
state
stringclasses
10 values
statutory_citation
stringclasses
10 values
test_scope
stringclasses
3 values
test_type
stringclasses
4 values
url
stringclasses
10 values
verified_fields
listlengths
1
3
misclassification_penalty
stringclasses
2 values
[ "statutory_citation", "test_scope", "test_type" ]
california
expressly made by a provision of this code, the Unemployment Insurance Code, or in an applicable order of the Industrial Welfare Commission
September 4, 2020
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2775.
For purposes of this code and the Unemployment Insurance Code, and for the purposes of wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the follo...
California
Cal. Lab. Code § 2775
all
ABC
https://referencesource.org/state-worker-classification-tests/california/
[ "key_exemptions", "last_amended", "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
delaware
Service performed by an individual in agricultural labor
null
https://delcode.delaware.gov/title19/c033/sc01/index.html
Notwithstanding any other provisions of this chapter and irrespective of whether the common-law relationship of employer and employee exists, services performed by an individual for wages, unless and until it is shown to the satisfaction of the Department that: (i) Such individual has been and will continue to be free ...
Delaware
19 Del. C. § 3302(10)(K)
unemployment-insurance
ABC
https://referencesource.org/state-worker-classification-tests/delaware/
[ "key_exemptions", "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
florida
A church or a convention or association of churches
null
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0443/Sections/0443.1216.html
An individual who, under the usual common-law rules applicable in determining the employer-employee relationship, is an employee.
Florida
Fla. Stat. § 443.1216(1)(a)2
unemployment-insurance
common-law
https://referencesource.org/state-worker-classification-tests/florida/
[ "key_exemptions", "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
illinois
services performed by an individual as an operator of a truck, truck-tractor, or tractor
null
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2434&ChapterID=68
Service performed by an individual for an employing unit, whether or not such individual employs others in connection with the performance of such services, shall be deemed to be employment unless and until it is proven in any proceeding where such issue is involved that-- A. Such individual has been and will continue ...
Illinois
820 ILCS 405/212
unemployment-insurance
ABC
https://referencesource.org/state-worker-classification-tests/illinois/
[ "key_exemptions", "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
massachusetts
Services authorized under Chapter 149
null
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148B
an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:— (1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in ...
Massachusetts
Mass. Gen. Laws Ch. 149 § 148B
wage-and-hour
ABC
https://referencesource.org/state-worker-classification-tests/massachusetts/
null
Criminal and civil remedies including debarment as provided in section 27C of this chapter; for workers' compensation violations, punished as provided in section 14 of said chapter 152 and civil remedies including debarment provided in section 27C
[ "statutory_citation", "test_scope", "test_type" ]
minnesota
This section only applies to persons providing or performing building construction or improvement services
null
https://www.revisor.mn.gov/statutes/cite/181.723
An individual is an independent contractor and not an employee of the person for whom the individual is providing or performing services in the course of the person's trade, business, profession, or occupation only if the individual is operating as a business entity that meets all of the following requirements at the t...
Minnesota
Minn. Stat. § 181.723
all
statutory-multi-factor
https://referencesource.org/state-worker-classification-tests/minnesota/
[ "key_exemptions", "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
nevada
null
null
https://www.leg.state.nv.us/nrs/nrs-608.html
Except as otherwise provided in subsection 2, for the purposes of this chapter, a person is conclusively presumed to be an independent contractor if:
Nevada
NRS 608.0155
wage-and-hour
statutory-multi-factor
https://referencesource.org/state-worker-classification-tests/nevada/
[ "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
ohio
null
null
https://codes.ohio.gov/ohio-revised-code/section-4141.01
service performed by an individual for remuneration under any contract of hire, written or oral, express or implied, including service performed in interstate commerce and service performed by an officer of a corporation, without regard to whether such service is executive, managerial, or manual in nature, and without ...
Ohio
Ohio Rev. Code § 4141.01(B)(1)
unemployment-insurance
common-law
https://referencesource.org/state-worker-classification-tests/ohio/
[ "state" ]
null
[ "statutory_citation", "test_scope", "test_type" ]
virginia
a hiring party providing an individual with personal protective equipment in response to a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared
null
https://law.lis.virginia.gov/vacode/title40.1/section40.1-28.7:7/
In a proceeding under subsection B, an individual who performs services for a person for remuneration shall be presumed to be an employee of the person that paid such remuneration, and the person that paid such remuneration shall be presumed to be the employer of the individual who was paid for performing the services,...
Virginia
Va. Code § 40.1-28.7:7
wage-and-hour
common-law
https://referencesource.org/state-worker-classification-tests/virginia/
[ "key_exemptions", "misclassification_penalty", "state" ]
liable to the aggrieved individual for the applicable remedies, damages, or other relief available
[ "statutory_citation", "test_scope", "test_type" ]
washington
null
null
https://app.leg.wa.gov/rcw/default.aspx?cite=50.04.140
Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless and until it is shown to the satisfaction of the commissioner that: (1)(a) Such individual has been and will continue to be free from control or direction over the performance of such service, both under h...
Washington
RCW 50.04.140
unemployment-insurance
modified-ABC
https://referencesource.org/state-worker-classification-tests/washington/
[ "state" ]
null

State Worker Classification Tests — Independent Contractor vs Employee

Canonical, always-current version: https://referencesource.org/state-worker-classification-tests/ Machine-readable: https://referencesource.org/state-worker-classification-tests/data.json — this mirror is a point-in-time copy.

  • Last verified: 2026-08-18
  • Stale after: 2027-08-18 (past this date, prefer the canonical copy — it re-verifies on a cadence this snapshot does not)
  • Records: 10

Which legal test each U.S. state uses to distinguish employees from independent contractors (ABC test, common law/right-to-control, or modified ABC), the statutory citation, key exemptions by industry or occupation, and the date the current test took effect.

Provenance — what every record carries

Every record carries source (the URL the value was read from) and source_quote (a verbatim quote from that page stating it). A value you cannot check against its page is indistinguishable from an invented one; these can all be checked. Each record is also individually addressable on the canonical site at its url.

Licence position

public-law

Facts are not copyrightable; what this dataset takes from each source is a fact plus a short attributed quote linking back to the page that states it.

Sources

Fields

See any record in data/records.jsonl — field names are self-describing, and the canonical page for each record renders them with labels: https://referencesource.org/state-worker-classification-tests/

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