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Simple English definitions for legal terms

ABC test

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A quick definition of ABC test:

The ABC test is a way to figure out if someone is an employee or an independent contractor for state unemployment tax purposes. Some states use this test to see if a worker meets three criteria to be considered an independent contractor: they work without being told what to do, they do work that is not part of the company's usual business, and they have their own business. In California, for example, a person must meet all three criteria to be an independent contractor. The first criterion means that the worker sets their own schedule and works without supervision. The second criterion means that the worker does work that is different from what the company usually does. The third criterion means that the worker has their own business when they do the work.

A more thorough explanation:

The ABC test is a method used in some states to determine whether a person is an employee or an independent contractor for the purpose of state unemployment tax. The test looks at three criteria to determine if a worker is an independent contractor:

  1. The worker is free from the employer's control or direction in performing the work.
  2. The work takes place outside the usual course of the business of the company and off the site of the business.
  3. The worker is engaged in an independent trade, occupation, profession, or business.

Some states, like California, require a person to meet all three criteria to be considered an independent contractor. The criteria are detailed in the 2018 California case Dynamex Operations W. v. Superior Court.

For example, if a company hires a freelance writer to write articles for their website, the writer must meet all three criteria to be considered an independent contractor. The writer must work on their own schedule without supervision, write articles that are not part of the company's usual business, and be engaged in an independent writing business.

However, if a company hires a plumber to fix a leak in their office, the plumber is likely an independent contractor because they work independently, the work is not part of the company's usual business, and the plumber is engaged in an independent plumbing business.

The ABC test is important because it determines whether a worker is eligible for certain benefits, such as unemployment insurance, workers' compensation, and minimum wage laws. It also affects the taxes that employers must pay for their workers.

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BulbasaurNoLikeCardio
18:26
I do not think we will see a wave until after thanksgiving. Adcoms will be nice and not ruin someones thanksgiving with an R
18:28
ruin my thanksgiving law schools uwu
PerpetualCheerfulBeaver
18:53
I really thought a texas schools wave was going to hit today...guess it will be December 1
7Rings
19:00
No news is good news 😜
PerpetualCheerfulBeaver
19:10
the mentality im embracing
ClassyPleasantHeron
19:23
You will see some A waves next week, just before Thanksgiving. Schools like to give people things to talk about over the holidays.
19:26
my predict monday berk from earlier td
snow
19:33
Oregon decision rendered…
snow
19:33
Bro why don’t they just tell me lol
damn ive been under review for a month and no movement, when did u apply snow?
snow
19:39
The day apps opened. I still don’t know what the decision is tho lol
Dang. Crossing my fingers for you!!
snow
19:41
Thank you!!
shaquilleoatmeal
19:44
Snow dude wtf you been
snow
19:46
Working! I was prepping for a trial but it got reset!
snow
19:47
Have you don your gulc interview?
JumpySubsequentDolphin
19:47
@snow: snow!!!! I’m in Oregon should I break into admissions office and demand your decision be sent
shaquilleoatmeal
19:49
Better to be prepared than not, otherwise it always happens when you don’t prep
shaquilleoatmeal
19:50
Yea did it a week and half ago, told us we won’t hear anything until end of December if we’re lucky, most likely first week of jan
shaquilleoatmeal
19:50
Said no one works after Monday this week and no one works week of Christmas
shaquilleoatmeal
19:50
So holiday takes time away from app review
snow
19:54
True @shaq and do it jumpy!!
20:06
Hi everyone! Decided a bit too late that I wanted to go into law. GPA currently stands at 3.76 (one more semester to go) and I'm interested in going into immigration law. Anybody got any advice for LSAT studying and applications? I plan on taking a gap year to have some time for internships and such :)
snow
20:08
Apply for the LSAT fee waiver to try to mitigate the cost of materials! 7Sage is $1 for a year if you have the fee waiver. I also think you should try to work in an immigration firm in some way to see if it’s something you really want to pursue and to add to your resume. Good luck!!! One tip I would also give is to not sign up for the LSAT until you’re practice tests average are around the score you’re aiming for
snow
20:08
Your*
snow
20:08
You got this! :)
madollyy
20:09
thank you snow <3
Dkk
20:15
@madollyy: use LSAT Demon!
Dkk
20:16
Watch their youtube channel too
madollyy
20:23
Would an internship through CHCI help my application as well?
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