What is an employee?

Share with your friends










Submit

What is an employee?

An employee is defined under California Labor Code Section 3351 et al.

3351.  "Employee" means every person in the service of an employer
under any appointment or contract of hire or apprenticeship, express
or implied, oral or written, whether lawfully or unlawfully employed,
and includes:
   (a) Aliens and minors.
   (b) All elected and appointed paid public officers.
   (c) All officers and members of boards of directors of
quasi-public or private corporations while rendering actual service
for the corporations for pay; provided that, where the officers and
directors of the private corporation are the sole shareholders
thereof, the corporation and the officers and directors shall come
under the compensation provisions of this division only by election
as provided in subdivision (a) of Section 4151.
   (d) Except as provided in subdivision (h) of Section 3352, any
person employed by the owner or occupant of a residential dwelling
whose duties are incidental to the ownership, maintenance, or use of
the dwelling, including the care and supervision of children, or
whose duties are personal and not in the course of the trade,
business, profession, or occupation of the owner or occupant.
   (e) All persons incarcerated in a state penal or correctional
institution while engaged in assigned work or employment as defined
in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of
the California Code of Regulations, or engaged in work performed
under contract.
   (f) All working members of a partnership or limited liability
company receiving wages irrespective of profits from the partnership
or limited liability company; provided that where the working members
of the partnership or limited liability company are general partners
or managers, the partnership or limited liability company and the
partners or managers shall come under the compensation provisions of
this division only by election as provided in subdivision (a) of
Section 4151. If a private corporation is a general partner or
manager, "working members of a partnership or limited liability
company" shall include the corporation and the officers and directors
of the corporation, provided that the officers and directors are the
sole shareholders of the corporation. If a limited liability company
is a partner or member, "working members of the partnership or
limited liability company" shall include the managers of the limited
liability company.
   (g) For the purposes of subdivisions (c) and (f), the persons
holding the power to revoke a trust as to shares of a private
corporation or as to general partnership or limited liability company
interests held in the trust, shall be deemed to be the shareholders
of the private corporation, or the general partners of the
partnership, or the managers of the limited liability company.



3351.5.  "Employee" includes:
   (a) Any person whose employment training is arranged by the State
Department of Rehabilitation with any employer. Such person shall be
deemed an employee of such employer for workers' compensation
purposes; provided that, the department shall bear the full amount of
any additional workers' compensation insurance premium expense
incurred by the employer due to the provisions of this section.
   (b) Any person defined in subdivision (d) of Section 3351 who
performs domestic service comprising in-home supportive services
under Article 7 (commencing with Section 12300), Chapter 3, Part 3,
Division 9 of the Welfare and Institutions Code. For purposes of
Section 3352, such person shall be deemed an employee of the
recipient of such services for workers' compensation purposes if the
state or county makes or provides for direct payment to such person
or to the recipient of in-home supportive services for the purchase
of services, subject to the provisions of Section 12302.2 of the
Welfare and Institutions Code.
   (c) Any person while engaged by contract for the creation of a
specially ordered or commissioned work of authorship in which the
parties expressly agree in a written instrument signed by them that
the work shall be considered a work made for hire, as defined in
Section 101 of Title 17 of the United States Code, and the ordering
or commissioning party obtains ownership of all the rights comprised
in the copyright in the work.



3352.  "Employee" excludes the following:
   (a) Any person defined in subdivision (d) of Section 3351 who is
employed by his or her parent, spouse, or child.
   (b) Any person performing services in return for aid or sustenance
only, received from any religious, charitable, or relief
organization.
   (c) Any person holding an appointment as deputy clerk or deputy
sheriff appointed for his or her own convenience, and who receives no
compensation from the county or municipal corporation or from the
citizens thereof for his or her services as the deputy. This
exclusion is operative only as to employment by the county or
municipal corporation and does not deprive any person so deputized
from recourse against a private person employing him or her for
injury occurring in the course of and arising out of the employment.
   (d) Any person performing voluntary services at or for a
recreational camp, hut, or lodge operated by a nonprofit
organization, exempt from federal income tax under Section 101(6) of
the Internal Revenue Code, of which he or she or a member of his or
her family is a member and who receives no compensation for those
services other than meals, lodging, or transportation.
   (e) Any person performing voluntary service as a ski patrolman who
receives no compensation for those services other than meals or
lodging or the use of ski tow or ski lift facilities.
   (f) Any person employed by a ski lift operator to work at a snow
ski area who is relieved of and not performing any prescribed duties,
while participating in recreational activities on his or her own
initiative.
   (g) Any person, other than a regular employee, participating in
sports or athletics who receives no compensation for the
participation other than the use of athletic equipment, uniforms,
transportation, travel, meals, lodgings, or other expenses incidental
thereto.
   (h) Any person defined in subdivision (d) of Section 3351 who was
employed by the employer to be held liable for less than 52 hours
during the 90 calendar days immediately preceding the date of the
injury for injuries, as defined in Section 5411, or during the 90
calendar days immediately preceding the date of the last employment
in an occupation exposing the employee to the hazards of the disease
or injury for injuries, as defined in Section 5412, or who earned
less than one hundred dollars ($100) in wages from the employer
during the 90 calendar days immediately preceding the date of the
injury for injuries, as defined in Section 5411, or during the 90
calendar days immediately preceding the date of the last employment
in an occupation exposing the employee to the hazards of the disease
or injury for injuries, as defined in Section 5412.
   (i) Any person performing voluntary service for a public agency or
a private, nonprofit organization who receives no remuneration for
the services other than meals, transportation, lodging, or
reimbursement for incidental expenses.
   (j) Any person, other than a regular employee, performing
officiating services relating to amateur sporting events sponsored by
any public agency or private, nonprofit organization, who receives
no remuneration for these services other than a stipend for each day
of service no greater than the amount established by the Department
of Personnel Administration as a per diem expense for employees or
officers of the state. The stipend shall be presumed to cover
incidental expenses involved in officiating, including, but not
limited to, meals, transportation, lodging, rule books and courses,
uniforms, and appropriate equipment.
   (k) Any student participating as an athlete in amateur sporting
events sponsored by any public agency, public or private nonprofit
college, university or school, who receives no remuneration for the
participation other than the use of athletic equipment, uniforms,
transportation, travel, meals, lodgings, scholarships, grants-in-aid,
or other expenses incidental thereto.
   (l) Any law enforcement officer who is regularly employed by a
local or state law enforcement agency in an adjoining state and who
is deputized to work under the supervision of a California peace
officer pursuant to paragraph (4) of subdivision (a) of Section 832.6
of the Penal Code.
   (m) Any law enforcement officer who is regularly employed by the
Oregon State Police, the Nevada Department of Motor Vehicles and
Public Safety, or the Arizona Department of Public Safety and who is
acting as a peace officer in this state pursuant to subdivision (a)
of Section 830.32 of the Penal Code.
   (n) Any person, other than a regular employee, performing services
as a sports official for an entity sponsoring an intercollegiate or
interscholastic sports event, or any person performing services as a
sports official for a public agency, public entity, or a private
nonprofit organization, which public agency, public entity, or
private nonprofit organization sponsors an amateur sports event. For
purposes of this subdivision, "sports official" includes an umpire,
referee, judge, scorekeeper, timekeeper, or other person who is a
neutral participant in a sports event.
   (o) Any person who is an owner-builder, as defined in subdivision
(a) of Section 50692 of the Health and Safety Code, who is
participating in a mutual self-help housing program, as defined in
Section 50087 of the Health and Safety Code, sponsored by a nonprofit
corporation.


3352.94.  "Employee" excludes a disaster service worker while
performing services as a disaster service worker except as provided
in Chapter 10 of this part. "Employee" excludes any unregistered
person performing like services as a disaster service worker without
pay or other consideration, except as provided by Section 3211.92 of
this code.

Leave a Reply

Your email address will not be published. Required fields are marked *