Is an independent contractor an employee rather than an employee?

California, United States of America


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

Finally, pursuant to section 2750.5, "[t]here is a rebuttable presumption affecting the burden of proof that a worker performing services for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, or who is performing such services for a person who is required to obtain such a license is an employee rather than an independent contractor." Section 2750.5 is not a part of the workers' compensation law, but is contained in Division 3 of the Labor Code, which deals with the employer-employee relationship; by its terms, however, section 2750.5 supplements, and applies to, workers' compensation law. (See State Compensation Ins. Fund v. Workers' Comp. Appeals Bd. (1985) 40 Cal.3d 5, 9-15.) The parties to this case agree that under Business and Professions Code section 7026.1,

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