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Independent Contractor Test in Delaware

Delaware uses the ABC test for unemployment insurance, and its Workplace Fraud Act presumes employment in the construction industry unless an ABC style independent contractor test is met.

Last checked . General information, not legal advice.

Delaware at a glance

Test for wage and hour law
ABC test for construction (Workplace Fraud Act)
The Workplace Fraud Act applies only to the construction services industry.
ABC test for wage law
Construction only
Test for unemployment insurance
ABC test
Free from control, work outside usual course or places of business, independent trade
ABC test for unemployment
Yes

Sources

Last checked

The rules in Delaware

Which test does Delaware use to classify independent contractors under its wage and hour laws?

Test for wage and hour law in Delaware: ABC test for construction (Workplace Fraud Act). The Workplace Fraud Act applies only to the construction services industry.

Does Delaware apply the ABC test under its wage and hour laws?

Construction only. ABC test for wage law in Delaware: construction only.

Which test does Delaware use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Delaware: ABC test. Free from control, work outside usual course or places of business, independent trade.

Does Delaware apply the ABC test for unemployment insurance?

Yes. ABC test for unemployment in Delaware: yes.

Where do the Delaware independent contractor tests come from?

The rules above come from Del. Code tit. 19, 3302(14)(K), Del. Code tit. 19, 3501, Del. Code tit. 19, 3502 and Del. Code tit. 19, 3503. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.