as amended, Ammiano. Domestic
begin delete workers: protections.end delete
Existing law generally provides employees with protection regarding wages, hours, and working conditions.end delete
This bill would declare the intent of the Legislature to enact legislation to provide labor protection for domestic work employees.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
“Employee” means every person in the service of an
23employer under any appointment or contract of hire or
24apprenticeship, express or implied, oral or written, whether lawfully
25or unlawfully employed, and includes:
26(a) Aliens and minors.
27(b) All elected and appointed paid public officers.
28(c) All officers and members of boards of directors of
29quasi-public or private corporations while rendering actual service
30for the corporations for pay; provided that, where the officers and
31directors of the private corporation are the sole shareholders
32thereof, the corporation and the officers and directors shall come
33under the compensation provisions of this division only by election
34as provided in subdivision (a) of Section 4151.
begin deleteExcept as provided in subdivision (h) of Section 3352, any end delete
36person employed by the owner or occupant of a residential
37dwelling whose duties are incidental to the ownership,
38maintenance, or use of the dwelling, including the care and
39supervision of children, or whose duties are personal and
P11 1not in the course of the trade, business, profession, or occupation
2of the owner or occupant.
3(e) All persons
incarcerated in a state penal or correctional
4institution while engaged in assigned work or employment
begin delete as or engaged in work
5defined in paragraph (1) of subdivision (a) of Section 10021 of
6Title 8 of the California Code of Regulations,end delete
7performed under contract.
8(f) All working members of a partnership or limited liability
9company receiving wages irrespective of profits from the
10partnership or limited liability
begin delete company;end delete provided that
11where the working members of the partnership or limited liability
12company are general partners or managers, the partnership or
13limited liability company and the partners or managers shall come
14under the compensation provisions of this division only by election
15as provided in subdivision (a) of Section 4151. If a private
16corporation is a general partner or manager, “working members
17of a partnership or limited liability company” shall include the
18corporation and the officers and directors of the corporation,
19provided that the officers and directors are the sole shareholders
20of the corporation. If a limited liability company is a partner or
21member, “working members of the partnership or limited liability
22company” shall include the managers of the limited liability
24(g) For the purposes of subdivisions (c) and (f), the persons
25holding the power to revoke a trust as to shares of a private
26corporation or as to general partnership or limited liability company
27interests held in the trust, shall be deemed to be the shareholders
28of the private corporation, or the general partners of the partnership,
29or the managers of the limited liability company.
“Employee” excludes the following:
32(a) Any person defined in subdivision (d) of Section 3351 who
33is employed by his or her parent, spouse, or child.
34(b) Any person performing services in return for aid or
35sustenance only, received from any religious, charitable, or relief
37(c) Any person holding an appointment as deputy clerk or deputy
38sheriff appointed for his or her own convenience, and who receives
39no compensation from the county or municipal corporation or from
40the citizens thereof for his or her services as the deputy. This
P12 1exclusion is operative only as to employment by the county or
2municipal corporation and does not deprive any person so
3deputized from recourse against a private person employing him
4or her for injury occurring in the course of and arising out of the
6(d) Any person performing voluntary services at or for a
7recreational camp, hut, or lodge operated by a nonprofit
8organization, exempt from federal income tax under Section
begin delete 101(6)end delete
9 of the Internal Revenue Code, of which he or she or a member
10of his or her family is a member and who receives no compensation
11for those services other than meals, lodging, or transportation.
12(e) Any person performing voluntary service as a ski patrolman
13who receives no compensation for those services other than meals
14or lodging or the use of ski tow or ski lift facilities.
15(f) Any person employed by a ski lift operator to work at a snow
16ski area who is relieved of and not performing any prescribed
17duties, while participating in recreational activities on his or her
19(g) Any person, other than a regular employee, participating in
20sports or athletics who receives no compensation for the
21participation other than the use of athletic equipment, uniforms,
22transportation, travel, meals, lodgings, or other expenses incidental
24(h) Any person defined in subdivision (d) of Section 3351 who
25was employed by the employer to be held liable for less than 52
26hours during the 90 calendar days immediately preceding the date
27of the injury for injuries, as defined in Section 5411, or during the
2890 calendar days immediately preceding the date of the last
29employment in an occupation exposing the employee to the hazards
30of the disease or injury for injuries, as defined in Section 5412, or
31who earned less than one hundred dollars ($100) in wages from
32the employer during the 90 calendar days immediately preceding
33the date of the injury for injuries, as defined in Section 5411, or
34during the 90 calendar days immediately preceding the date of the
35last employment in an occupation exposing the employee to the
36hazards of the disease or injury for injuries, as defined in Section
39 Any person performing voluntary service for a public agency
40or a private, nonprofit organization who receives no remuneration
P13 1for the services other than meals, transportation, lodging, or
2reimbursement for incidental expenses.
4 Any person, other than a regular employee, performing
5officiating services relating to amateur sporting events sponsored
6by any public agency or private, nonprofit organization, who
7receives no remuneration for these services other than a stipend
8for each day of service no greater than the amount established by
9the Department of Human Resources as a per diem expense for
10employees or officers of the state. The stipend shall be presumed
11to cover incidental expenses involved in officiating, including, but
12not limited to, meals, transportation, lodging, rule books and
13courses, uniforms, and appropriate equipment.
15 Any student participating as an athlete in amateur sporting
16events sponsored by any public agency, public or private nonprofit
17college, university or school, who receives no remuneration for
18the participation other than the use of athletic equipment, uniforms,
19transportation, travel, meals, lodgings, scholarships, grants-in-aid,
20or other expenses incidental thereto.
22 Any law enforcement officer who is regularly employed by
23a local or state law enforcement agency in an adjoining state and
24who is deputized to work under the supervision of a California
25peace officer pursuant to paragraph (4) of subdivision (a) of Section
26 832.6 of the Penal Code.
28 Any law enforcement officer who is regularly employed by
29the Oregon State Police, the Nevada Department of Motor Vehicles
30and Public Safety, or the Arizona Department of Public Safety and
31who is acting as a peace officer in this state pursuant to subdivision
32(a) of Section 830.32 of the Penal Code.
34 Any person, other than a regular employee, performing
35services as a sports official for an entity sponsoring an
36intercollegiate or interscholastic sports event, or any person
37performing services as a sports official for a public agency, public
38entity, or a private nonprofit organization, which public agency,
39public entity, or private nonprofit organization sponsors an amateur
40sports event. For purposes of this subdivision, “sports official”
P14 1includes an umpire, referee, judge, scorekeeper, timekeeper, or
2other person who is a neutral participant in a sports event.
4 Any person who is an owner-builder, as defined in
5subdivision (a) of Section 50692 of the Health and Safety Code,
6who is participating in a mutual self-help housing program, as
7defined in Section 50087 of the Health and Safety Code, sponsored
8by a nonprofit corporation.
(a) Every employer subject to the compensation
11provisions of this code,
begin delete except employers of employees defined shall give every new employee,
12in subdivision (d) of Section 3351,end delete
13either at the time the employee is hired or by the end of the first
14pay period, written notice of the information contained in Section
153550. The content of the notice required by this section shall be
16prescribed by the administrative director after consultation with
17the Commission on Health and Safety and Workers’ Compensation.
18(b) The notice required by this section shall be easily
19understandable and available in both English and Spanish. In
20addition to the information contained in Section 3550, the content
21of the notice required by this section shall include:
22(1) Generally, how to obtain appropriate medical care for a job
24(2) The role and function of the primary treating physician.
25(3) A form that the employee may use as an optional method
26for notifying the employer of the name of the employee’s “personal
27physician,” as defined by Section 4600, or “personal chiropractor,”
28as defined by Section 4601.
29(c) The content of the notice required by this section shall be
30made available to employers and insurers by the administrative
31director. Insurers shall provide this notice to each of their
32policyholders, with advice concerning the requirements of this
33section and the penalties for a failure to provide this notice to all
In such action it is presumed that the injury to the
37employee was a direct result and grew out of the negligence of the
38employer, and the burden of proof is upon the employer, to rebut
39the presumption of negligence. It is not a defense to the employer
40that the employee was guilty of contributory negligence, or
P15 1assumed the risk of the hazard complained of, or that the injury
2was caused by the negligence of a fellow servant. No contract or
3regulation shall restore to the employer any of the foregoing
5This section shall not apply to any employer of an employee, as
6defined in subdivision (d) of Section 3351, with respect to such
7employee, but shall apply to employers of employees described
8in subdivision (b) of Section 3715, with respect to such employees.
(a) Any employee
begin delete, except an employee as defined in whose employer has failed to
11subdivision (d) of Section 3351,end delete
12secure the payment of compensation as required by this division,
13or his or her dependents in case death has ensued, may, in addition
14to proceeding against his or her employer by civil action in the
15courts as provided in Section 3706, file his or her application with
16the appeals board for compensation and the appeals board shall
17hear and determine the application for compensation in like manner
18as in other claims and shall make the award to the claimant as he
19or she would be entitled to receive if the employer had secured the
20payment of compensation as required, and the employer shall pay
21the award in the manner and amount fixed thereby or shall furnish
22to the appeals board a bond, in any amount and with any sureties
23as the appeals board requires, to pay the employee the award in
24the manner and amount fixed thereby.
25(b) Notwithstanding this section or any other provision of this
26chapter except Section 3708, any person described in subdivision
27(d) of Section 3351 who is (1) engaged in household domestic
28service who is employed by one employer for over 52 hours per
29week, (2) engaged as a part-time gardener in connection with a
30private dwelling, if the number of hours devoted to the gardening
31work for any individual regularly exceeds 44 hours per month, or
32(3) engaged in casual employment where the work contemplated
33is to be completed in not less than 10 working days, without regard
34to the number of persons employed, and where the total labor cost
35of the work is not less than one hundred dollars ($100) (which
36amount shall not include charges other than for personal services),
37shall be entitled, in addition to proceeding against his or her
38employer by civil action in the courts as provided in Section 3706,
39to file his or her application with the appeals board for
40compensation. The appeals board shall hear and determine the
P16 1application for compensation in like manner as in other claims,
2and shall make the award to the claimant as he or she would be
3entitled to receive if the person’s employer had secured the
4payment of compensation as required, and the employer shall pay
5the award in the manner and amount fixed thereby, or shall furnish
6to the appeals board a bond, in any amount and with any sureties
7as the appeals board requires, to pay the employee the award in
8the manner and amount fixed thereby.
9It is the intent of the Legislature that the amendments to this
10section by Chapter 17 of the Statutes of 1977, make no change in
11the law as it applied to those types of employees covered by this
12subdivision prior to the effective date of Chapter 1263 of the 1975
15 In any claim in which it is alleged that the employer
16has failed to secure the payment of compensation, the director,
17only for purposes of this section and Section 3720, shall determine,
18on the basis of the evidence available to him or her, whether the
19employer was prima facie illegally uninsured. A finding that the
20employer was prima facie illegally uninsured shall be made when
21the director determines that there is sufficient evidence to constitute
22a prima facie case that the employer employed an employee on
23the date of the alleged injury and had failed to secure the payment
24of compensation, and that the employee was injured arising out
25of, and occurring in the course of, the employment.
27of the employer to furnish within 10 days the written
28statement in response to a written demand for a written statement
29prescribed in Section 3711, addressed to the employer at its address
30as shown on the official address record of the appeals board, shall
31constitute in itself sufficient evidence for a prima facie case that
32the employer failed to secure the payment of compensation.
34written denial by the insurer named in the statement
35furnished by the employer as prescribed in Section 3711, that the
36employer was so insured as claimed, or the nonexistence of a valid
37certificate of consent to self-insure for the time of the claimed
38injury, if the statement furnished by the employer claims the
39employer was self-insured, shall constitute in itself sufficient
P17 1evidence for a prima facie case that the employer had failed to
2secure the payment of compensation.
4nonexistence of a record of the employer’s insurance
5with the Workers’ Compensation Insurance Rating Bureau shall
6constitute in itself sufficient evidence for a prima facie case that
7the employer failed to secure the payment of compensation.
9unrebutted written declaration under penalty of perjury
10by the injured employee, or applicant other than the employee,
11that the employee was employed by the employer at the time of
12the injury, and that he or she was injured in the course of his or
13her employment, shall constitute, in itself, sufficient evidence for
14a prima facie case that the employer employed the employee at
15the time of the injury, and that the employee was injured arising
16out of, and occurring in the course of, the employment.
18 When the director determines that an employer was
19prima facie illegally uninsured, the director shall mail a written
20notice of the determination to the employer at his or her address
21as shown on the official address record of the appeals board, and
22to any other more recent address the director may possess. The
23notice shall advise the employer of its right to appeal the finding,
24and that a lien may be placed against the employer’s and any parent
25corporation’s property, or the property of substantial shareholders
26of a corporate employer as defined by Section 3717.
28employer aggrieved by a finding of the director that it
29was prima facie illegally uninsured may appeal the finding by
30filing a petition before the appeals board. The petition shall be
31filed within 20 days after the finding is issued. The appeals board
32shall hold a hearing on the petition within 20 days after the petition
33is filed with the appeals board. The appeals board shall have
34exclusive jurisdiction to determine appeals of the findings by the
35director, and no court of this state has jurisdiction to review, annul,
36or suspend the findings or the liens created thereunder, except as
37provided by Article 2 (commencing with Section 5950) of Chapter
387 of Part 4 of Division 4.
P18 1 Any claim brought against an employer under this
2section may be resolved by the director by compromise and release
3or stipulated findings and award as long as the appeals board has
4acquired jurisdiction over the employer and the employer has been
5given notice and an opportunity to object.
7may be given by service on the employer of an
8appeals board notice of intention to approve the compromise and
9release or stipulated findings and award. The employer shall have
1020 days after service of the notice of intention to file an objection
11with the appeals board and show good cause therefor.
13the employer objects, the appeals board shall determine
14if there is good cause for the objection.
16appeals board finds good cause for the objection, the
17director may proceed with the compromise and release or stipulated
18findings and award if doing so best serves the interest of the
19Uninsured Employers Fund, but shall have no cause of action
20against the employer under Section 3717 unless the appeals board
21case is tried to its conclusion and the employer is found liable.
23appeals board does not find good cause for
24and the compromise and release or stipulated findings and award
25is approved, the Uninsured Employers Fund shall have a cause of
26action against the employer pursuant to Section 3717.
28 The director may adopt regulations to implement and
29interpret the procedures provided for in this section.
It is the intent of the Legislature to enact legislation
2to provide labor protection for domestic work employees.