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LSDefine

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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WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
soapy
9:43
USC still has not looked at my app
WorthlessAttractiveZombie
9:43
when did you submit soapy?
soapy
9:44
10/16
WorthlessAttractiveZombie
9:44
to be fair it took them almost 2 months for me to go under review
soapy
9:44
Feelin a bit stressed, as I've got no date change for Michigan either despite applying 10/7
WorthlessAttractiveZombie
9:45
I have not had a date change either for Mich but I've seen people get in without one so who knows
I applied 9/25 to like 6 schools and some (Houston) have no date change yet so dw
soapy
9:46
But do people get in without addresses going long?
WorthlessAttractiveZombie
9:46
it's tough to tell because a lot of people type out their addresses long to begin with
soapy
9:46
Ah. I didn't. Looking back, my Mich supplement kind of sucks, so there's that
Mich overrated (Dean Z please let me in even tho i didnt apply and I am below both 25ths)
ClassyPleasantHeron
10:01
The "date changes" at Michigan really don't mean anything. We had to do them in undergrad admissions whenever a Georgia applicant picked the country instead of the state, because we'd have to remove the TOEFL requirement and reassign the application from the international application readers.
soapy
10:06
Classy, does that mean they may look at your application, and that look doesn't necessarily trigger any date change?
1a2b3c4d26z
10:06
Man
1a2b3c4d26z
10:07
Walkin to the bus
1a2b3c4d26z
10:07
What a good day to get into law school
ClassyPleasantHeron
10:11
@soapy: I don't know for sure about the law school. For undergrad, once the application is complete, it's assigned to a reader the following Monday. If we had to make any changes, it's because a reader saw something that needed to be changed and the application needed to be re-read after that change.
soapy
10:12
Ahh, got it. Thank you for the insight!
ClassyPleasantHeron
10:14
You're welcome. FWIW, I have no idea what's up with the address changes. We didn't have to do any of that, except for the Georgia state vs country kinds of things.
soapy
10:15
I've heard it theorized that some schools will change the address from "St." --> "Street" as they prepare to send out admissions packets. That's the rumor, anyways.
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