Is an employee an employee or an independent contractor?

California, United States of America


The following excerpt is from Contreras-Perales v. Bruno, D073742 (Cal. App. 2019):

The categories of "employee" and "independent contractor" are mutually exclusive. (City of Los Angeles v. Meyers Bros. Parking Systems, Inc. (1975) 54 Cal.App.3d 135, 138; see 3351, 3352, 3353, 3357.) Whether a worker is an employee or independent contractor "is one of fact if dependent upon the resolution of disputed evidence or inferences." (Borello, supra, 48 Cal.3d at p. 349.)

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