Which States Are Trying to Kill “Independent Contractors” to Death? (Hint: One Rhymes with Schmalifornia)

Man Killed to Death - independent contractor misclassification

Only 4:34 am and already it’s gonna be a long day in the newsroom.

The tests for Independent Contractor vs. Employee vary state-by-state, law-by-law.

In some states, it’s particularly hard to show that an independent contractor relationship is real. These states want to call everyone an employee, even if the parties have agreed to classify the relationship as an independent contractor relationship. When it comes to independent contractor classification, these are the states that are killing it to death.

Like the poor guy who was the subject of this local news story. Getting killed to death — that’s gotta be one of the worst ways to die.

The Top Three Hardest States to Be Independent Contractors, from my vantage point, are:

  • California (obviously)
  • Massachusetts (also obviously), and
  • New Jersey (there’s a new Jersey?)

That’s because each of these states applies an ABC Test when determining whether someone is an independent contractor or an employee under state wage and hour laws. California and Massachusetts use a stricter ABC Test. New Jersey’s ABC Test is not quite as demanding, but close.

If I have piqued your interest (or if you feel obligated), these posts provide more information about ABC Tests in general and more about California’s ABC Test.

This post discusses other states that use ABC Tests but for other types of laws, like workers compensation and unemployment.

And if you want to click on just one more thing, this post describes what happened when police officers in Minnesota were called to investigate a man standing motionless in the freezing cold, holding a pillow.

© 2018 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved.

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