What is the employer's burden of proving an employee was an employee or a servant?

of employment and such person is presumed to be a servant in the absence of evidence to the contrary. [Citations.] Once the employee establishes a prima facie case, the burden shifts to the employer, which may prove, if it can, that the presumed employee was an independent contractor" (Narayan v. EGL, Inc. (9th Cir. 2010) 616 F.3d 895, 900 ) or, in this case, a non-employee trainee. No such proof exists here; all evidence points to an employer-employee relationship.