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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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It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
21:46
@Dkk: one of the most deranged documents i've ever had the displeasure of reading
lilypadfrog
22:03
sometimes I go into fight or flight mode until I get all my work done
i call that locking in
Dkk
22:29
@info-man: Indeed!
22:43
No movement today
23:12
Windy wya
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