CSLB Law & Business ExamEmployment RequirementsMedium
A drywall installer sets his own daily schedule, supplies his own tools and equipment, and receives no instruction from the contractor on how to complete the work. Which prong of California's ABC test does this scenario most directly address?
- AProng B – work outside the usual course of business
- BThere is no ABC test prong that addresses this fact pattern
- CProng A – freedom from control and direction
- DProng C – customarily engaged in an independently established trade
Show answer & explanationAnswer & explanation
Correct answer: C. Prong A – freedom from control and direction
Prong A of the ABC test asks whether the worker is free from the hiring entity's control and direction in performing the work, both under contract and in fact. Setting one's own schedule, using one's own tools, and working without supervision are hallmarks of this prong.
Why the other options are wrong
- A. Prong B concerns whether the work is outside the hiring entity's usual business, not control.
- B. The ABC test directly addresses this exact type of control-based fact pattern under Prong A.
- D. Prong C concerns whether the worker independently operates a trade, which is a separate inquiry.
ABC Test – Prong A
Prong A of California's ABC test asks whether the worker is free from the hiring entity's control and direction, both by contract and in actual practice.
- Looks at scheduling, supervision, tools, and methods of work.
- Failing any prong (A, B, or C) means the worker is an employee.
- Prong A is the first and often most heavily litigated prong.
Memory trick: A is for Autonomy — who really calls the shots?