States where formerly strong ABC tests were weakened or repealed in past decade
| State | Color key | Law status | Year Passed | Law | History |
|---|---|---|---|---|---|
| Alabama | 0 | ||||
| Alaska | 0 | ||||
| Arizona | 0 | ||||
| Arkansas | 1 | Weakened or repealed ABC test | 2010; 2019 | Arkansas Code § 11-10-210(e) | In 2010, Arkansas repealed its full ABC test for unemployment insurance eligibility and replaced it with the common law test. In 2019, Arkansas eliminated the ABC test for the determination of employment and replaced it with the 20-factor test enumerated by the Internal Revenue Service. |
| California | 0 | ||||
| Colorado | 0 | ||||
| Connecticut | 0 | ||||
| Delaware | 0 | ||||
| Washington D.C. | 0 | ||||
| Florida | 0 | ||||
| Georgia | 1 | Weakened or repealed ABC test | 2022 | GA Code § 34-8-35 | In 2022, Georgia passed bill weakening the A prong of the ABC test by adding seven factors that should be considered when considering the “control” factor and imposing a penalty of $250 per misclassified worker. The same bill also defined ride-hail and delivery workers as independent contractors as long as the companies they work for adhere to certain conditions, including allowing workers to reject certain rides or deliveries, not requiring specific hours of work, and not barring the use of additional apps. |
| Hawaii | 0 | ||||
| Idaho | 0 | ||||
| Illinois | 0 | ||||
| Indiana | 0 | ||||
| Iowa | 0 | ||||
| Kansas | 1 | Weakened or repealed ABC test | 2012 | KS Stat § 44-703 | In 2012, Kansas repealed and replaced its full ABC test for unemployment insurance eligibility with a rights to control test. |
| Kentucky | 0 | ||||
| Louisiana | 1 | Weakened or repealed ABC test | 2021 | LA Rev Stat § 23:1711 | In 2021, Louisiana repealed its full ABC test for unemployment insurance eligibility and replaced with a multi-factor test. |
| Maine | |||||
| Maryland | 0 | ||||
| Massachusetts | 0 | ||||
| Michigan | 0 | ||||
| Minnesota | 0 | ||||
| Mississippi | 0 | ||||
| Missouri | 0 | ||||
| Montana | 0 | ||||
| Nebraska | 0 | ||||
| Nevada | 0 | ||||
| New Hampshire | 0 | ||||
| New Jersey | 0 | ||||
| New Mexico | 0 | ||||
| New York | 0 | ||||
| North Carolina | 0 | ||||
| North Dakota | 0 | ||||
| Ohio | 0 | ||||
| Oklahoma | 1 | Weakened or repealed ABC test | 2019 | 40 OK Stat § 40-1-210 | Oklahoma used to have the half ABC test for unemployment insurance eligibility, which requires the A prong and either the B or the C prong. In 2019, Oklahoma passed the Empower Independent Contractors Act (HB 1095), replacing the half ABC test with the 20-factor test of the Internal Revenue Service. |
| Oregon | 0 | ||||
| Pennsylvania | 0 | ||||
| Rhode Island | 0 | ||||
| South Carolina | 0 | ||||
| South Dakota | 0 | ||||
| Tennessee | 1 | Weakened or repealed ABC test | 2019 | TN Code § 50-7-207(e) | In 2019, Tennessee repealed its full ABC test for wage and hour protections. |
| Texas | 0 | ||||
| Utah | 0 | ||||
| Vermont | 0 | ||||
| Virginia | 0 | ||||
| Washington | 0 | ||||
| West Virginia | 1 | Weakened or repealed ABC test | 2020 | WV Code § 21A-1A-16 | In 2020, West Virginia repealed its full ABC test for unemployment insurance eligibility. |
| Wisconsin | 0 | ||||
| Wyoming | 0 |
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: EPI analysis of state laws.