Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee. Ca. Lab. Code § 3357 Enacted by Stats. 1937, Ch. 90.
If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her rights in any invention to his or her employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee