4859 REVIEW DENIED In determining whether workers are employees or independent contractors, the factors listed by Empire Star v CA Emp Com continue to apply; under Labor Code sections all persons rendering service to another under a contract for hire are employees, except those who are independent contractors, so a trial court's instructions to the jury that plaintiffs have the burden of establishing that they are employees and defendant has the burden of establishing plaintiffs are independent contractors was a correct statement of the rebuttable presumption established by the Code.CitationCRISTLER v EXPRESS MESSENGER (Parcel Drivers) 171 CA4 72 [See: LabC 3351, 3357, 3353; Empire Star v CA Emp Com 28 C2 33; Borello v Dep't Ind Rel 48 C3 341]
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