Cal. Codes » Labor Code / DIVISION 4. WORKERS' COMPENSATION AND INSURANCE / PART 1. SCOPE AND OPERATION / CHAPTER 2. Employers, Employees, and Dependents / ARTICLE 2. Employees
California Codes

Cal. Labor Code § 3363.5 (2026)

Employees

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

(a)Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a public agency, as designated and authorized by the governing body of the agency or its designee, shall, upon adoption of a resolution by the governing body of the agency so declaring, be deemed to be an employee of the agency for purposes of this division while performing such service.

(b)For purposes of this section, “voluntary service without pay” shall include services performed by any person, who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses.

Notes of Decisions
Cited in 2 cases, 1993–2020 · leading case: California State Univ. v. Workers' Comp. Appeals Bd., 58 Cal. Comp. Cases 409 (Cal. Ct. App. 1993).
Sort: Relevance Newest Treatment
California State Univ. v. Workers' Comp. Appeals Bd., 58 Cal. Comp. Cases 409 (Cal. Ct. App. 1993). · cites it 2× “” Labor Code section 3363.5 confirms the nonemployee status of such volunteers by requiring a public agency to affirmatively act to transform the relationship into one of employer-employee.”
Talley v. Cnty. of Fresno (Cal. Ct. App. 2020). “(Lab. Code, § 3363.5, subd. (a).)11 Nevertheless, the fact that plaintiff was covered under workers’ compensation is not incongruent with the determination he is not an employee of county for the purposes of the FEHA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.