This test lays out the three elements a business must meet in order to designate a worker as an Independent Contractor
A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
B) that the worker performs work that is outside the usual course of the hiring entity’s business; and
C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
via The “Unintended” Consequences of Successful Employee Rights Litigation in California.