Washington state uses the ABC test under its Industrial Welfare Act to classify gig workers, presuming employee status unless a business proves the worker is free from control, performs work outside the usual business, and operates an independent trade. Rideshare-specific laws like the 2022 Pay Per Trip (HB 2076) preserve independent contractor status for Uber/Lyft drivers while mandating minimum pay (adjusted to about $17.13/hour effective 2026), sick leave accrual, and healthcare stipends.​
Classification Criteria
The strict ABC test applies to most gig roles: (A) freedom from employer direction; (B) work not integral to core business; (C) independent business operation. Exceptions exist for rideshare/delivery via HB 2076, Seattle’s App-Based Worker Ordinances (minimum payments, sick time for food delivery), and licensed professionals. Misclassification risks back wages, penalties up to $20,000, and attorney fees; 2026 updates tie thresholds to the $17.13 minimum wage.​
Gig-Specific Protections
Rideshare drivers earn location-based minimums during active trips, accrue paid sick/safe time (one hour per 40, carryover up to 9 days in Seattle), and opt into healthcare funds, but lack unemployment insurance or overtime. Delivery apps face similar Seattle rules since 2023, with state pilots for voluntary paid family leave through 2028. No broad employee reclassification occurred by 2026.​
Compliance Steps
Review contracts for ABC compliance or exemptions; post notices; track wages against adjusted minimums. Gig platforms must issue 1099s for $600+ earnings and verify via W-9. Litigation rises over moonlighting bans for low-wage gigs.​
