EmploymentQuestion 1014 of 1605
Under Labor Code §3357, when someone renders service for another for pay, the law generally presumes that person is:
a.An employee unless the hirer proves otherwise
b.A partner in the business
c.An independent contractor unless proven otherwise
d.A volunteer
Explanation
Labor Code §3357 establishes a presumption that any person rendering service for another, other than as an independent contractor, is an employee. The burden falls on the hirer to prove independent-contractor status, which is why contractors must be careful about how they classify and pay their workers.
Law Reference: Labor Code §3357Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)