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Independent Contractor Test in Washington

Washington uses the economic dependence test under its Minimum Wage Act and an ABC test (with a separate six part alternative) for unemployment insurance.

Last checked . General information, not legal advice.

Washington at a glance

Test for wage and hour law
Economic dependence test
Labor and Industries evaluates each case using listed factors under the Minimum Wage Act.
ABC test for wage law
No
Test for unemployment insurance
ABC test (or six part alternative)
Free from control, outside usual course or places of business, and independently established business; a separate six part test also exists.
ABC test for unemployment
Yes

Sources

Last checked

The rules in Washington

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

Test for wage and hour law in Washington: Economic dependence test. Labor and Industries evaluates each case using listed factors under the Minimum Wage Act.

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

No. ABC test for wage law in Washington: no.

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

Test for unemployment insurance in Washington: ABC test (or six part alternative). Free from control, outside usual course or places of business, and independently established business; a separate six part test also exists.

Does Washington apply the ABC test for unemployment insurance?

Yes. ABC test for unemployment in Washington: yes.

Where do the Washington independent contractor tests come from?

The rules above come from RCW 50.04.140 and RCW 49.46.010. 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.