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Independent Contractor Test in South Carolina

For unemployment insurance, South Carolina covers individuals who are employees under the usual common law rules, so it uses the common law right to control test rather than the ABC test.

Last checked . General information, not legal advice.

South Carolina at a glance

Test for unemployment insurance
Common law (right to control) test
Covers any individual who has employee status under the usual common law rules.
ABC test for unemployment
No

Sources

Last checked

The rules in South Carolina

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

Test for unemployment insurance in South Carolina: Common law (right to control) test. Covers any individual who has employee status under the usual common law rules.

Does South Carolina apply the ABC test for unemployment insurance?

No. ABC test for unemployment in South Carolina: no.

Where do the South Carolina independent contractor tests come from?

The rules above come from S.C. Code 41-27-230(1)(b). 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.