Under Labor Code 3353, any person rendering a service to another other than as an independent contractor is presumed an ______.

• A. Volunteer
• B. Intern
• C. Employee
• D. Independent contractor

Answer: (C)

When deciding how a person who renders service to another should be classified in California, Labor Code 3353 creates a default presumption: if the person is not functioning as an independent contractor, they are presumed to be an employee. This means the relationship is treated as employment unless there’s clear evidence that the worker truly operates as an independent contractor, with their own business, control over how work is done, and the ability to profit or suffer loss from the venture. This presumption matters because employees bring obligations on the employer, such as workers’ compensation coverage and payroll tax withholding.

So the reason this is the best answer is that the statute explicitly names the employee status as the default when someone provides services for another without meeting the independent contractor criteria. The other options don’t fit this presumption: a volunteer is not the standard subject of this employment presumption and often falls outside wage-and-hour considerations; an intern may be treated as either an employee or not depending on circumstances; and an independent contractor is the exception that the presumption requires the party to prove.