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It contrasts independent contractors and employees by examining the shift from earlier “control test” concepts to the Dynamex decision and the ABC test, detailing the three ABC elements and how each factor is assessed in real settings. It then prepares presenters and administrators to identify risks, structure negotiations, and apply key clauses and best practices for effective agreements.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/the-essentials-of-independent-contractor-agreements-key-terms-clauses-and-best-practices/282946/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/the-essentials-of-independent-contractor-agreements-key-terms-clauses-and-best-practices/282946.png","ImageObject",442,249,{"name":88,"@type":89},"Kurz","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-20","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",8,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What is the ABC test used to determine independent contractor versus employee status?","Question",{"text":109,"@type":110},"Under the ABC test, a worker is presumed an employee unless the hiring entity proves: (A) freedom from control and direction in contract and fact, (B) work outside the usual course of the hiring entity’s business, and (C) customarily being engaged in an independently established trade or business of the same nature.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"How does the Dynamex case change the analysis for independent contractors in California?",{"text":114,"@type":110},"The Dynamex decision rejected Dynamex’s argument and redefined “employed” for wage order purposes, establishing the ABC test framework rather than relying on the earlier approach that weighed multiple factors under the prior “control test.”",{"name":116,"@type":107,"acceptedAnswer":117},"What factors are considered under the ABC test’s A prong (control and direction)?",{"text":118,"@type":110},"The material indicates an employee is one whom the hiring entity has a right to direct and control, with required training and more detailed instructions serving as strong evidence of employee status, while less detailed instruction supports independent contractor status.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},282946,1790201408,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":136,"language":137,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":138,"faqs":139,"seo_title":140,"seo_description":61,"update_tm":141,"read_time":142},2336478945635,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","10/11/2023  \n\n| \u003Cbr>\u003Cbr>The Essentials of Independent Contractor Agreements: Key Terms, Clauses and Best Practices\u003Cbr>Presented by: Eleanor M. Welke |\n| --- |\n| \u003Cbr>\u003Cbr>Tulare County Office of Education – Law Seminars 2022-2023 October 12, 2023 |\n\n1  \n\n|  | Presenter\u003Cbr>Eleanor M. Welke\u003Cbr>AT LOZANO SMITH\u003Cbr>Eleanor M. Welke is a Partner in Lozano Smith's Los Angeles office. She is a member of the Labor and Employment and Student Practice Groups. Ms. Welke provides legal advice to administration on personnel matters, including discrimination, retaliation, sexual harassment, disability accommodations, and the Americans with Disabilities Act. Ms. Welke has extensive experience representing clients in both California State and Federal Courts and in front of administrative bodies, including the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, and the California Labor Commissioner. |  | \u003Cbr>CONNECT\u003Cbr>[ewelke@lozanosmith.com](ewelke@lozanosmith.com)[ ](ewelke@lozanosmith.com)[213.929.1066](213.929.1066) |\n| --- | --- | --- | --- |\n| |  | 2 |  |\n\n2  \n10/11/2023  \n\n| | | Overview\u003Cbr>•  Part 1 : The Big Picture – Independent Contractor or Employee?\u003Cbr>• Why should I care?\u003Cbr>• How do you determine if a person is an independent contractor or employee?\u003Cbr>•  Part 2 : How do we negotiate an effective Independent Contractor Agreement?\u003Cbr>•  Part 3 : What are the Key Terms, Clauses, and Best Practices? |\n| --- | --- | --- |\n|  | 3 |  |\n\n3  \nWhat are some examples of  \nIndependent Contractor Agreements?  \n4  \n4  \n10/11/2023  \nPART 1:  \nWho is an Independent Contractor?  \nWhy should I care?    \n5  \n5  \n\n|  | The Big Picture:\u003Cbr>Independent Contractor or Employee? Why should you care? |  |\n| --- | --- | --- |\n| \u003Cbr>Possibilities of penalties\u003Cbr>Possibility of litigation Entanglement with the IRS\u003Cbr>Political repercussions |  |  |\n| |  | 6 |\n\n6  \n10/11/2023  \nThe Old Rules…  \n7  \n7  \n\n|  | The Old Rule: Defining Independent Contractors PreDynamex |  |\n| --- | --- | --- |\n| 􀂾 The Term independent contractor had no rigid definition under California Law\u003Cbr>􀂾 Courts previously used the “control test”\u003Cbr>• Not a mechanical/rigid test.\u003Cbr>• Weighed various factors in combination on the basis of the particular circumstances. |  |  |\n| |  | 8 |\n\n8  \n10/11/2023  \nCurrent Law: The Dynamex Case and the ABC Test…  \n9  \n9  \n\n|  | The Facts: The Dynamex Case\u003Cbr>|  |\n| --- | --- | --- |\n| |  | 10 |\n\n10  \n10/11/2023  \n\n|  | The Dynamex Case: The Court’s Analysis |  |  |\n| --- | --- | --- | --- |\n| |  |  | 􀂃 Rejected Dynamex’s argument\u003Cbr>􀂃 Noted that a worker is an employee if he or she is “employed by an employer\u003Cbr>􀂃 Redefined “employed” to differentiate between an employee and an independent contractor for the purposes of wage orders adopted by the California Industrial Welfare Commission |\n| |  | 11 |  |\n\n11  \nThe Dynamex Case: The ABC Test  \nUnder the ABC test, a worker is now, by law, presumed to be an employee unless the employer can prove that the worker:  \nA. Is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;  \nB. Performs work that is outside the usual course of the hiring entities business; and  \nC. Is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed  \n12  \n12  \n10/11/2023  \n\n|  | A. Free from Control and Direction |  |\n| --- | --- | --- |\n| • A worker is an employee when the hiring entity as a right to direct and control the worker\u003Cbr>• Required training by the employer = strong evidence that the worker is an employee\u003Cbr>• More detailed instruction = employee\u003Cbr>• Less detailed instruction = independent contractor |  |  |\n| |  | 13 |\n\n13  \n\n|  | B. Work Outside the Usual Course of Business |  |\n| --- | --- | --- |\n| • Provision of services that are key aspect of the hiring entities business = strong evidence that th","cbCaigRxvzzQc2qc","https://ap.wps.com/l/cbCaigRxvzzQc2qc","pdf",911661,37,"English","# Part 1: The Big Picture – Independent Contractor or Employee?\n## Why should I care?\n## How do you determine if a person is an independent contractor or employee?\n# Part 2: How do we negotiate an effective Independent Contractor Agreement?\n# Part 3: What are the Key Terms, Clauses, and Best Practices?","[{\"question\":\"What is the ABC test used to determine independent contractor versus employee status?\",\"answer\":\"Under the ABC test, a worker is presumed an employee unless the hiring entity proves: (A) freedom from control and direction in contract and fact, (B) work outside the usual course of the hiring entity’s business, and (C) customarily being engaged in an independently established trade or business of the same nature.\"},{\"question\":\"How does the Dynamex case change the analysis for independent contractors in California?\",\"answer\":\"The Dynamex decision rejected Dynamex’s argument and redefined “employed” for wage order purposes, establishing the ABC test framework rather than relying on the earlier approach that weighed multiple factors under the prior “control test.”\"},{\"question\":\"What factors are considered under the ABC test’s A prong (control and direction)?\",\"answer\":\"The material indicates an employee is one whom the hiring entity has a right to direct and control, with required training and more detailed instructions serving as strong evidence of employee status, while less detailed instruction supports independent contractor status.\"}]","The Essentials of Independent Contractor Agreements - Key Terms, Clauses and Best Practices | PDF",1789585520,13]