California Labor Code

§ 2750.5

LAB § 2750.5Div. 3 · Ch. 2 · Art. 1

Statute text

There 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. Proof of independent contractor status includes satisfactory proof of these factors:

(a)That the individual has the right to control and discretion as to the manner of performance of the contract for services in that the result of the work and not the means by which it is accomplished is the primary factor bargained for.

(b)That the individual is customarily engaged in an independently established business.

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Legislative history

Amended by Stats. 1979, Ch. 605.