Any person rendering service for another, other than as an independent contractor is ______ to be a(n) ______.

Any person rendering service for another, other than as an independent contractor is ______ to be a(n) ______.

• A. Presumed, independent contractor
• B. Presumed, employee
• C. Not presumed, employee
• D. Presumed, supervisor

Answer: (B)

In California, the default understanding is that someone who renders service for another—unless they are truly an independent contractor—is treated as an employee. This presumption matters for workers’ compensation, payroll taxes, and unemployment protections, all of which typically apply to employees but not to independent contractors. Therefore, the statement is completed with “presumed employee,” meaning the worker is assumed to be an employee unless the hiring party can prove independent contractor status under the applicable criteria. To overcome this presumption, the party hiring the worker would need to show that the relationship meets the independent contractor standards, such as sufficient independence and lack of control over how the work is performed. The other options don’t fit because they’d contradict the ordinary presumption that a non-independent-contractor service provider is an employee.

In California, the default understanding is that someone who renders service for another—unless they are truly an independent contractor—is treated as an employee. This presumption matters for workers’ compensation, payroll taxes, and unemployment protections, all of which typically apply to employees but not to independent contractors. Therefore, the statement is completed with “presumed employee,” meaning the worker is assumed to be an employee unless the hiring party can prove independent contractor status under the applicable criteria. To overcome this presumption, the party hiring the worker would need to show that the relationship meets the independent contractor standards, such as sufficient independence and lack of control over how the work is performed. The other options don’t fit because they’d contradict the ordinary presumption that a non-independent-contractor service provider is an employee.