“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.
Notes of Decisions
Skidgel v. Cal. Unemployment Ins. Appeals Bd., 493 P.3d 196 (Cal. 2021).
· cites it 2× “Although the statute there at issue — Labor Code section 3351.5, subdivision (b) — and section 683 bear some linguistic similarities, they are different in important ways.”
Skidgel v. Cal. Unemployment Ins. Appeals Bd., 234 Cal. Rptr. 3d 528 (Cal. Ct. App. 5th 2018).
· cites it 2× “" 21 Labor Code section 3351.5, subdivision (b), provides that "employee" includes "[a]ny person defined in [ Labor Code section 3351 subdivision (d) ] who performs domestic service comprising in-home supportive services.”
Guerrero v. Superior Court, 20 Wage & Hour Cas.2d (BNA) 464 (Cal. Ct. App. 2013).
“) In so holding, the court rejected the state’s argument that the provider could not be an employee of the state where Labor Code section 3351.5, subdivision (b), stated that an IHSS worker was “ ‘an employee of the recipient.”
Skidgel v. Cal. Unemployment Ins. Appeals Bd. (Cal. Ct. App. 2018).
· cites it 2× “”19 Labor Code section 3351.5, subdivision (b), provides that 18 Labor Code section 3351, subdivision (d) provides, “Except as provided in [Labor Code section 3352, subdivision (a)(8)], any person employed by the owner or occupant of a residential dwelling whose duties are…”
Skidgel v. Cal. Unemployment Ins. App. Bd. (Cal. Ct. App. 2018).
· cites it 2× “” 19 Labor Code section 3351.5, subdivision (b), provides that “employee” includes “[a]ny person defined in [Labor Code section 3351 subdivision (d)] who performs domestic service comprising in-home supportive services .”
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