Employee or contractor check

First moves

1. 1

   Save the contract, 1099, W-2, app terms, invoices, pay records, schedules, texts, and work rules.

2. 2

   Write who sets your hours, place, tools, price, steps, and days off.

3. 3

   Ask ABC part A: does the business leave you free to do the work your own way?

4. 4

   Ask part B: is your work outside what the business normally sells or does?

5. 5

   Ask part C: do you run your own real business doing this work for other customers?

6. 6

   Check for an exception before you stop there. Some jobs use a different test.

7. 7

   If the label led to unpaid wages, breaks, sick time, job costs, or final pay, gather wage-claim papers.

8. 8

   For tax or benefit questions, use EDD's guide or ask EDD about a written answer.

9. 9

   If many workers have the same problem, check the DIR report page.

Watch for

1. 1

   A 1099, app label, invoice, or written deal does not decide status by itself.

2. 2

   Under the ABC test, the business usually has to show all three parts.

3. 3

   If one ABC part is missing, you may be an employee for that law. Exceptions still matter.

4. 4

   Some jobs use Borello or another rule. That test looks at many facts.

5. 5

   Business-to-business work, licensed work, building trades, trucking, real estate, repossession, public work, volunteers, interns, and app-based rideshare or delivery can have different paths.

6. 6

   Employee status can affect minimum wage, overtime, breaks, sick leave, unemployment, workers' comp, and retaliation.

7. 7

   Job costs can be a warning sign. Watch for charges for tools, space, repairs, licenses, or supplies.

8. 8

   The Labor Commissioner may decide status in a wage claim. True contractors may need a contract claim instead.

9. 9

   Do not wait if a pay, tax, benefit, injury, or retaliation deadline is close.