California Codes

Cal. Labor Code § 3357 (2026)

✓ current as of May 2026

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Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1963–2023 · leading case: Linton v. Desoto Cab Co., 223 Cal. Rptr. 3d 761 (Cal. Ct. App. 5th 2017).

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Linton v. Desoto Cab Co., 223 Cal. Rptr. 3d 761 (Cal. Ct. App. 5th 2017). · cites it 3× “Second , while I agree there is a presumption that an individual rendering service is an employee, I am not persuaded that, in a wage case, this presumption is supplied by the statutory presumption set forth in the Worker's Compensation Act ( Lab. Code, § 3357 ). Rather, I think…”

Faigin v. Signature Grp. Holdings, Inc., 79 A.L.R. Fed. 2d 679 (Cal. Ct. App. 2012). “(Lab. Code, § 3357.) The alleged employer has the burden of proof to overcome this presumption.”

Mary Kay Inc. v. Woolf, 146 S.W.3d 813 (Tex. App. 2004). “” Cal. Labor Code § 3357 (2004) (emphasis added).”

Spradlin v. Cox, 201 Cal. App. 3d 799 (Cal. Ct. App. 1988). · cites it 2× “) Although a person who renders service to another is presumed to be an “employee” (Lab. Code, § 3357), that presumption will be overcome if the essential contract of hire, express or implied, is not present.”

Robinson v. Dep't of Labor & Indus., 326 P.3d 744 (Wash. Ct. App. 2014). “2d at 4 (quoting Cal. Labor Code § 3357 ). The court concluded that the claimant was entitled to workers’ compensation because his injury was incurred in the performance of a “potentially hazardous” task in the service of, and for the benefit of, the employer.”

Villalpando v. Exel Direct Inc., 161 F. Supp. 3d 873 (N.D. Cal. 2016). “Summary of Arguments Plaintiffs argue that the class members with second drivers can recover unpaid wages, meal and rest break penalties and expenses not only for the days when they personally drove a truck for Exel but also for the days when the Exel routes were driven by their…”

Germann v. Workers' Comp. Appeals Bd., 46 Cal. Comp. Cases 1062 (Cal. Ct. App. 1981). “(Lab. Code, § 3357.) The contention that the injured worker was an independent contractor is an affirmative defense assertable by the alleged employer; and the alleged employer has the burden of proving that the injured worker was an independent contractor.”

Yellow Cab Coop., Inc. v. Workers' Comp. Appeals Bd., 91 Cal. Daily Op. Serv. 560 (Cal. Ct. App. 1991). “2 Labor Code section 3357 provides: “Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee.”

Santa Cruz Poultry, Inc. v. Superior Court, 52 Cal. Comp. Cases 429 (Cal. Ct. App. 1987). “” (Lab. Code, § 3357.) As concluded in In-Home Supportive Services , and other decisions, these provisions mandate a broad and generous interpretation in favor of inclusion in the system.”

Van Horn v. Indus. Accident Comm'n, 219 Cal. App. 2d 457 (Cal. Ct. App. 1963). “” (Lab. Code, § 3357.) This presumption, together with evidence of a contract of employment or hire, casts upon the alleged employer the burden of overcoming the presumption.”

Parsons v. Workers' Comp. Appeals Bd., 46 Cal. Comp. Cases 1304 (Cal. Ct. App. 1981). “(Lab. Code, § 3357.) Labor Code section 3351 provides in relevant part: “‘Employee’ means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, .”

Jones v. Workmen's Comp. Appeals Bd., 36 Cal. Comp. Cases 563 (Cal. Ct. App. 1971). · cites it 2× “” Labor Code section 3357 states a presumption as follows: “Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee.” Following are sections which expressly exclude certain occupations…”

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