Which of the following is not a test used to determine if a worker is an independent contractor?

The correct answer is that the right to work state law index is not a test used to determine if a worker is an independent contractor. This concept primarily relates to labor laws that permit employees to work at a unionized workplace without being forced to join a union or pay union dues. It does not provide criteria for classifying workers as independent contractors.

In contrast, the economic realities test, the common law agency test, and the IRS 20-factor analysis are all established methods used to assess whether a worker qualifies as an independent contractor or an employee. The economic realities test focuses on the actual economic conditions of the work relationship, considering factors such as the degree of control the employer has, the worker’s investment in equipment, and the worker's opportunity for profit or loss. The common law agency test looks at the degree of control exercised by the employer over the worker, focusing on the relationship and the level of independence. The IRS 20-factor analysis, which examines a comprehensive set of criteria about the nature of the work relationship, also helps determine whether a worker is an independent contractor.

Understanding these distinctions is crucial for compliance with employment laws and proper classification of workers in a business context.