How are employment status determinations made by EDD for purposes of Unemployment Insurance or State Disability Insurance benefits?

EDD may make employment determinations through an employment tax audit or through determining a claim for Unemployment Insurance (UI) or State Disability Insurance (SDI) benefits.

For work performed prior to January 1, 2020, employment status will be determined by the existing provisions of Unemployment Insurance Code section 621(b), which requires EDD to use the Borello test. For work performed on or after January 1, 2020, EDD will determine employment status based on the tests provided in AB 5.

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