Labor Code Section 3352

3352. (a) “Employee,” excludes the following: (1) A person defined in su

bdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. (2) A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization.

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CA Labor Code § 3352 (2017) (a) “Employee” excludes the following: (1)

A person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. (2) A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization.

2011 California Code Labor Code DIVISION 4. WORKERS' COMPENSATION AND INSURA

NCE [3200 - 6002] ARTICLE 2. Employees Section 3352

Division 4, Workers' Compensation and Insurance; Part 1, Scope and Operation

; Chapter 2, Employers, Employees, and Dependents; Article 2, Employees; Section 3352 ...

Terms Used In California Labor Code 3352. Agency: means the Labor and Workfo

rce Development Agency.See California Education Code 32290; Contract: A legal written agreement that becomes binding when signed.; Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

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indLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

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.

(d) Except as provided in paragraph (8) of subdivision (a) 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.

There are several other specific exclusions; you can see the full list of in

dividuals excluded from workers’ compensation coverage in California in the California Labor Code, Division 4, Part 1, Chapter 2, Section 3352. Independent Contractor Classification in California

(d) Except as provided in paragraph (8) of subdivision (a) 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.

Labor Code: Section 3351; Labor Code: Section 3352; Labor Code: Section 3357

; Labor Code: Section 606.5; Labor Code: Section 621; Unemployment Insurance Codes 629-657 Excluded Services; Business and Professions Code: Section 7500.2; Civil Code Employment Agency 1812.5095; Civil Code Employment Agency 1812.501

Section 3352. (a) “Employee” excludes the following: (1) A person define

d in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. (2) A person performing... Section 3352.a.

California Labor Code Section 3351 defines who is an employee and, therefore

, who can be covered under a workers' compensation policy. California labor code section 3352 defines who may be excluded as an employee, and, therefore, who may not need to be covered under a workers' compensation policy.

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.

California Labor Code Sec. § 3352.94 “Employee” excludes a disaster ser

vice 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 ...

Distinguishing Between Employee and Volunteer. Under California labor laws,

an “employee” is generally defined as any individual who is under the direction and control of an employer either through appointment or by oral or written contract.Aside from the standard definition, some primary differences between employees and volunteers include that:

(b) Notwithstanding this section or any other provision of this chapter exce

pt Section 3708, any person described in subdivision (d) of Section 3351 who is (1) engaged in household domestic service who is employed by one employer for over 52 hours per week, (2) engaged as a part-time gardener in connection with a private dwelling, if the number of hours devoted to the gardening work for any ...

(b) Any person defined in subdivision (d) of Section 3351 who performs domes

tic 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 ...

The exception referenced in section 3351(d) has a significant impact on day

laborers. Pursuant to labor code section 3352(h), the following person is not an “employee” for purposes of workers’ compensation coverage:

Except as provided in subdivision (h) of Section 3352, any person employed b

y 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.

Historically, under labor code section 3352(a)(8), the employee had to be em

ployed for at least 52 hours during the 90 days immediately preceding the date of injury and had to have earned at least $100.00 during that period.

However according to California Labor Code Section 3351-(f) and California l

abor code section 3352 – 17(A) managing members of an LLC are included in coverage but may elect to be excluded. If included the rating payroll used is a minimum of $40,300 and a maximum of $104,000 per year as of 1-1-2012, $41,600/$106,600 as of 1-1-2013, $42,900 ...

labor code section 3352, subdivision (k), excludes from workers' compensatio

n coverage “[a]ny 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 ...

4. New subsection (h) filed 12-31-2012 as an emergency; operative 1-1-2013 p

ursuant to Government Code section 11346.1(d) (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.

CALIFORNIA LABOR CODE . LC3352. "Employee" excludes the following: () Any pe

rson defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child() Any person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization() Any person holding an appointment as deputy clerk or deputy sheriff appointed ...

A general partner of a partnership or a managing member of a limited liabili

ty company may elect to be excluded from coverage in accordance with paragraph (17) of subdivision (a) of Section 3352. (g) This section shall remain in effect only until July 1, 2018, and as of that date is repealed. (Amended by Stats. 2017, Ch. 770, Sec. 1.

Petitioner contends that labor code section 3352, subdivision (c), formerly

section 3352, subdivision (d), forecloses Corsinotti because it excludes from benefits "[a]ny person performing services in return for aid or sustenance only, received from any religious, charitable or relief organization."

This adds Labor Code Section 2750.3 and made conforming amendments to Labor

Code Section 3351 and Unemployment Insurance Code Sections 606.5 and 621 to provide that with numerous specified exemptions, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing ...

2011 California Code Labor Code DIVISION 4. WORKERS' COMPENSATION AND INSURA

NCE [3200 - 6002] ARTICLE 2. Employees Section 3366

(d) Except as provided in subdivision (h) of Section 3352, any person employ

ed 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.

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 ...

California just enacted Labor Code section 2750.3 (referred to as the “New

Law” herein) adopting the test for determining employee status for all purposes that was adopted for limited purposes ...

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3,

Labor Code; and Section 17030, Health and Safety Code. HISTORY 1. New Article 8 (Section 3350) filed 3-25-77 as an emergency; effective upon filing (Register 77, No. 13). 2. Certificate of Compliance filed 5-27-77 (Register 77, No. 22). 3.

You are here: California / Labor Code - LAB / ARTICLE 2. Employees [3350. -

3371.] / Section 3351. Section 3351. (Amended by Stats. 1996, Ch. 57, Sec. 26.) Cite as: Cal. Lab. Code §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 ...

LABOR CODE SECTION 3350-3371 3350. Unless the context otherwise requires, th

e definitions set forth in this article shall govern the construction and meaning of the terms and phrases used in this division. 3351. "Employee" means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or ...

Labor Code section 3357 creates the presumption that any person rendering se

rvices for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee. Fortunately, Labor Code section 3351(d) and 3352(h) provide an exception for the definition of an employee in this situation.

California Labor Code 3300. ... (19) of subdivision (a) of Section 3352. (d)

Except as provided in paragraph (8) of subdivision (a) 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 ...

Notwithstanding paragraph (3) of subdivision (a) of Section 3352, a voluntee

r, unsalaried member of a sheriff ‘s reserve in any county who is not deemed an employee of the county under Section 3362.5, shall, upon the adoption of a resolution of the board of supervisors declaring that the member is deemed an employee of the county for the purposes of this division, be entitled to the workers ...

California Labor Code Sec. § 3353 “Independent contractor” means any pe

rson who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.

Labor Code: Section 3351; Labor Code: Section 3352; Labor Code: Section 3357

; Labor Code: Section 606.5; Labor Code: Section 621; Unemployment Insurance Codes 629-657 Excluded Services; Business and Professions Code: Section 7500.2; Civil Code Employment Agency 1812.5095; Civil Code Employment Agency 1812.501

Labor Code: Section 3351; Labor Code: Section 3352; Labor Code: Section 3357

; Labor Code: Section 606.5; Labor Code: Section 621; Unemployment Insurance Codes 629-657 Excluded Services; Business and Professions Code: Section 7500.2; Civil Code Employment Agency 1812.5095; Civil Code Employment Agency 1812.501