What is the burden of proving an independent contractor against an employer?
California, United States of America
The following excerpt is from Johnson v. Silver, 161 Cal.App.2d Supp. 853, 327 P.2d 245 (Cal. Super. 1958):
26 Cal.Jur.2d 401 (note): 'In an action against an employer, when plaintiff has introduced evidence that he acted as an employee or agent of the defendant, the burden is on the defendant seeking to avoid liability on such ground to prove that plaintiff acted as an independent contractor. Malvich v. Rockwell, 91 Cal.App.2d 463, 205 P.2d 389'.
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