The three main tests courts use to classify employees and independent contractors are IRS 20-Factor analysis, Common-Law Agency Test, and Economic Realities Test.
The Internal Revenue Service (IRS) 20-Factor analysis is one of the primary systems the IRS uses in order to assess whether a worker has been misclassified by the companies that hire them. Thus, the IRS, department of labor, and courts concerned with labor rights use different tests in order to classify the workers.
So the most common types of tests are the IRS 20-Factor Test, Common-Law Agency Test, and the Economic Realities Test. The problem with these tests is that they lack uniformity. They also vary significantly between which factors are considered.
Hence, accurately classifying workers can be complex and confusing.
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