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

• A. presumed to be a(n) employee
• B. presumed to be an independent contractor
• C. presumed to be a partner
• D. presumed to be a temporary worker

Answer: (A)

The key idea being tested is the default classification when someone provides services for another person or business but is not engaged as an independent contractor. In California, if the relationship isn’t laid out as an independent contractor arrangement, the person rendering the service is presumed to be an employee. This matters because employees, not contractors, trigger obligations for the employer such as payroll tax withholding, workers’ compensation coverage, unemployment insurance, and compliance with wage and hour laws.

Choosing that the person is presumed to be an independent contractor would only fit if the contract and relationship truly meet independent contractor criteria, which isn’t stated here. The idea of being presumed a partner would apply to someone who has ownership in the business, not simply someone who renders services. And a presumption of a temporary worker isn’t the general rule; temporary workers are typically treated as employees (unless there’s a proper independent contractor relationship through an agency or a true IC engagement).

So the correct understanding is that someone providing service for another, and not as an independent contractor, is presumed to be an employee.