Table 2
States that have adopted the ABC test for unemployment insurance eligibility and/or wage and hour protections
| State | ABC for unemployment insurance | ABC for wage/hour/other |
|---|---|---|
| Alaska | Yes | |
| California | Yes | Yes |
| Connecticut | Yes | Yes |
| Delaware | Yes | |
| District of Columbia | Yes for construction | Yes for construction |
| Hawaii | Yes | |
| Illinois | Yes | Yes for construction |
| Indiana | Yes | |
| Maine | Yes | |
| Maryland | Yes | Yes for construction and landscaping |
| Massachusetts | Yes | Yes |
| Nebraska | Yes | Yes |
| Nevada | Yes | |
| New Hampshire | Yes | |
| New Jersey | Yes | Yes |
| New Mexico | Yes | |
| New York | Yes for construction | Yes for construction |
| Vermont | Yes | Yes |
| Washington | Yes |
Note: Maine's ABC test for UI was weakened in 2012 to an A&B or A&C test, then restored again in 2013 to a full ABC test. (See 26 ME Rev Stat § 1043 [2012.])
Source: Jon Shimabukuro, Worker Classification: Employee Status Under the National Labor Relations Act, the Fair Labor Relations Act, and the ABC Test, Congressional Research Service, April 2021. and EPI analysis of state laws.
This chart appears in:
- Misclassification, the ABC test, and employee status: The California experience and its relevance to current policy debates
- State Misclassification 2022
- Flexible work without exploitation: Reversing tech companies’ state-by-state agenda to unravel workers’ rights and misclassify workers as ‘contractors’ in the gig economy and beyond
- Flexible work without exploitation: Reversing tech companies’ state-by-state agenda to unravel workers’ rights and misclassify workers as ‘contractors’ in the gig economy and beyond
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