What Is California Labor Code §3357: Presumption of Employment?

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

What Does Labor Code 3357 Mean in Plain Words?

If you did work for someone else, the law starts out treating you as their employee.

This rule sets a starting point, not a final answer. Once you show that you were doing work for another person or company, the law presumes you were their employee. That matters in a workers' compensation claim because only employees, not independent contractors, can use the workers' compensation system. The presumption can apply whether the work was full time, part time, short term, or informal.

The presumption does not depend on paperwork. A written contract, a 1099 form, or a verbal deal that calls you a "contractor" does not decide the question by itself. A related law, Labor Code 3351, defines who counts as an employee in more detail, including that coverage does not depend on immigration status, and the two sections work together to decide who is covered.

How Does the Presumption Work in a Workers' Comp Claim?

You show you were doing work for someone; the law then presumes employment, and the other side must prove otherwise.

In a disputed case, you still have to show that you were rendering service for the other party. California Labor Code section 5705(a) places that first step on the person filing the claim. Once that much is shown, the presumption of employment takes over, and the burden shifts to the employer or its insurance company. They must then prove you were an independent contractor or that a specific legal exclusion applies. Lawyers call this an affirmative defense, meaning the employer has to raise it and prove it; a judge will not assume it for them.

The Workers' Compensation Appeals Board, the state agency that decides disputed claims, has applied this rule even when a worker had not yet received a paycheck. Accepting a job offer and showing up to do related tasks or paperwork can be enough to start the presumption, before regular pay ever begins.

Does a 1099 or an "Independent Contractor" Label Change the Outcome?

No. A label on paper does not decide whether you were an employee.

State guidance warns that some employers label workers as independent contractors to avoid paying for coverage, payroll taxes, or overtime. A 1099 or a "contractor" label does not control the outcome by itself. The Division of Labor Standards Enforcement explains that the most important fact is control: does the business have the right to control the worker, the work, and how the work gets done? If so, that points toward employee status no matter what the paperwork says.

Some disputes also turn on more detailed, fact specific tests, such as the ABC test described in Labor Code 2775. Which test ends up applying, and how it fits with this presumption, depends on the kind of work and the facts of the case.

What Exceptions Can Overcome This Presumption?

Only a narrow, specific exclusion, proven by the employer, can overcome it.

The presumption stands unless the employer proves a specific exclusion written into the Labor Code. One example: a narrow household-work exclusion can apply to a person described under Labor Code 3351 who worked directly for a homeowner on upkeep of that home, such as housekeeping, yard work, home repairs, or child care, when that work was, or was set up to be, less than 52 hours, or paid no more than $100, in the 90 days before the injury. That is one specific, numeric exclusion, not a general rule for all household or short-term work. Other narrow exclusions exist for other specific situations, and which one might apply depends on the exact facts.

Working a short job, being paid in cash, or being new to a position does not, by itself, create an exclusion. The employer still carries the burden of proving that a specific exclusion fits the facts.

How Does This Presumption Connect to Other Work Injury Rules?

The presumption decides who is covered; other rules decide what happens next.

Once a worker is presumed to be an employee, the employer is required to carry workers' compensation insurance for that work. Skipping coverage can lead to serious penalties, covered on our page about the no-coverage penalty under Labor Code 3700. A fight over employee status often comes up only after an injury, when an insurer tries to deny a claim by arguing the hurt person was never an employee in the first place.

What Should I Save If My Employer Says I Was Not an Employee?

Save anything that shows you worked for them and who controlled that work.

Keep the job offer, any texts or emails about the job, pay records, schedules, and anything showing who told you what to do and how to do it. Write down who assigned your tasks, who supplied your tools or materials, and whether you kept set hours. These facts speak to control, the main factor in an employee versus contractor dispute.

If your claim was denied on the ground that you were not an employee, you do not have to accept that first answer. Our page on a denied workers' comp claim walks through next steps, and our guide on how to file a California workers' comp claim covers the filing process itself.

If an insurance company is telling you that you were a contractor, not an employee, when you were hurt doing work for them, you do not have to accept that answer as final. An attorney can review the facts of your work, including who had control over it, and explain how this presumption applies to your situation. Yazdchi Law P.C. reviews each potential case individually before deciding whether to take it on. Call (661) 273-1780 or use the contact form to ask about your options.