Foreclosurepedia: Independent Contractor Or Employee … California Supreme Court Adopts New Jersey “ABC” Test


California, as Foreclosurepedia predicted, is simply the first of many states moving forward and taking over where the federal government abandoned its citizenry. The California Supreme Court adopted the ABC Standard from New Jersey.

The “ABC” test, as formulated by the Supreme Court of New Jersey in Hargrove v. Sleepy’s LLC, presumes an individual in question is an employee unless the employer can satisfy three very specific criteria.

The New Jersey “ABC” test presumes the worker is an employee. To rebut this presumption, the employer must prove the worker (A) is free from the employer’s control and direction; (B) performs a service that is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and (C) customarily engages in an independently established trade, occupation, profession, or business.

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