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.