1099 vs W-2 Worker Classification Quiz
Answer twelve questions about control, the work, and the worker's independent business. Get a risk tier, a prong-by-prong breakdown, and the state-specific test that is most likely to apply.
- Risk tier
- ABC prong breakdown
- IRS factor breakdown
- State test note
Not legal advice · Last reviewed Oct 2026
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Answered 0 of 12
ABC test, prong by prong
- A — Free from control and directionLikely passes
- B — Work outside the usual course of businessLikely passes
- C — Independently established trade or businessLikely passes
IRS common-law categories (employee indicators)
- Behavioral control0%
- Financial control0%
- Relationship of the parties0%
This state applies an ABC test broadly. A worker is presumed to be an employee unless the business proves all three prongs. Failing any single prong is enough to make the worker an employee for the laws that use the test. App-based rideshare and delivery drivers who meet Proposition 22's conditions are assessed under that framework instead. Federal wage law uses an “economic reality” test, and DOL guidance on it has changed several times.
Contractor or employee, screening needs FCRA consent. PreHireBadge handles it on the worker's phone.
Screen contractors for $5Why you'd use this
Whether a gig worker is an independent contractor (1099) or an employee (W-2) is not a choice a platform makes on paper. Agencies and courts look at how the relationship actually works: who controls the work, whether the work is the business's core service, and whether the worker runs an independent business.
Two families of tests dominate. The ABC test, used broadly in California, Massachusetts, and New Jersey and for some laws in many other states, presumes a worker is an employee unless the business proves all three prongs. The IRS uses common-law factors grouped into behavioral control, financial control, and the relationship of the parties.
This quiz scores a role against both, shows which prongs are weakest, and names the kind of test your state is likely to use. It is a risk screen to prepare for a conversation with counsel, not a legal determination.
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Using it
- 1
Pick the state
Choose the state where the work happens. The quiz notes whether that state uses an ABC test broadly, partly, or mostly common-law factors.
- 2
Answer 12 questions
Questions cover schedule, instructions, training, discipline, core business, permanence, pay, investment, and independent business.
- 3
Read the breakdown
See a risk tier, a pass / unclear / fail call on each ABC prong, and how the role scores on each IRS category.
The ABC test in plain language
Prong B is the hardest for most platforms: if the platform sells delivery, a courier delivering is inside its usual course of business. California's Proposition 22 created a separate framework for app-based rideshare and delivery drivers who meet its conditions, so those drivers may be assessed differently from other California gig workers.
- A — The worker is free from the company's control and direction in performing the work, in the contract and in fact.
- B — The work is outside the usual course of the company's business.
- C — The worker is customarily engaged in an independently established trade, occupation, or business of the same kind.
Why classification matters for background checks
The FCRA's disclosure, authorization, and adverse action rules apply to consumer reports used for employment purposes, and the FTC has said that includes independent contractors. Whichever way a worker is classified, the screening paperwork is the same.
Primary sources
Read the rules at the source. Laws and agency guidance change; last reviewed Oct 2026.
Questions people ask about this
What is the ABC test?
A three-part test that presumes a worker is an employee unless the business proves the worker is free from its control (A), does work outside its usual business (B), and runs an independently established business (C). Failing any one prong makes the worker an employee for the laws that use it.
Which states use the ABC test?
California, Massachusetts, and New Jersey apply it broadly. Many other states use it for unemployment insurance or specific statutes. Check your state labor department for the test that applies to each law.
What are the IRS common-law factors?
The IRS groups evidence of control into behavioral control (does the company control how the work is done), financial control (who controls the business side, such as expenses, investment, and profit or loss), and the relationship of the parties (contracts, benefits, permanence, and whether the work is a key activity).
Does a 1099 contractor need a background check disclosure?
Yes. The FTC's position is that the FCRA's employment-purpose rules cover independent contractors, so give a stand-alone disclosure, get written authorization, and follow adverse action steps.
Is this quiz legal advice?
No. It is a structured self-assessment to show where a role is weakest. Classification depends on facts and on the specific law in question; talk to employment counsel.
General information only, not legal advice. Using this tool does not make a process compliant on its own, and federal, state, and city rules differ and change. An employment lawyer can apply them to your facts.
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