California’s manner and means test is a test that determines whether a worker is an independent contractor or an employee – and that’s important, because contractors and employees are entitled to different protections when it comes to pay, benefits, and even discrimination and harassment in the workplace. Only some people are subject to the manner and means test; other workers are subject to other methods of determining whether they’re contractors or employees.
This guide outlines who’s subject to California’s manner and means test.
The manner and means test, sometimes called the Borello test (named for the court decision that first established it), attempts to distinguish whether a worker is a contractor or an employee. It does so based on whether an employment relationship exists between the two parties. An employment relationship may exist when one entity hires someone to do something that benefits them or another party. The hiring entity can be a person, an organization, a business, or a government agency or body. For example, a company may choose to hire a freelance web designer to create its website, which may establish an employment relationship. The same may be true if a marketing agency who works with the company were to hire the freelance web designer.
But an employment relationship can be tricky, so the state of California uses the manner and means test to determine whether the business has the right to control the manner and means of accomplishing the desired result. That’s what really determines whether there’s an actual employment relationship between the parties.
People in some professions are subject to the manner and means test, including:
Some people who provide professional services under a contract may be subject to the manner and means test. In order for the manner and means test to apply, these conditions must be met:
Related: Examples of discrimination in the workplace
If you fall into one of these categories – or if you believe you do – and you have an issue that requires protection under California law (such as unpaid wages, overtime benefits or discrimination issues), we may be able to help. Call our office at 818-230-8380 or fill out the form below to schedule your free consultation now.
Overtime is defined as any hours worked over 8 in a day or 40 in…
How do you file a labor board complaint in California? The answer to this question…
If you've been the victim of workplace discrimination in California, you may be wondering what…
You may be wondering if your employer is required to reimburse you for work-related expenses…
Most employers in California are required to provide workers with seating. IN fact, there are…
Unpaid commissions in the state of California are monies that are earned by an employee…
This website uses cookies.