SECTIONS 3300-3302 - California Statutes

LABOR CODE

SECTION 3300-3302

3300. As used in this division, "employer" means:
(a) The State and every State agency.
(b) Each county, city, district, and all public and quasi public
corporations and public agencies therein.
(c) Every person including any public service corporation, which
has any natural person in service.
(d) The legal representative of any deceased employer.

3301. As used in this division, "employer" excludes the following:
(a) Any person while acting solely as the sponsor of a bowling
team.
(b) Any private, nonprofit organization while acting solely as the
sponsor of a person who, as a condition of sentencing by a superior
or municipal court, is performing services for the organization.
The exclusions of this section do not exclude any person or
organization from the application of this division which is otherwise
an employer for the purposes of this division.

3302. (a) (1) When a licensed contractor enters an agreement with a
temporary employment agency, employment referral service, labor
contractor, or other similar entity for the entity to supply the
contractor with an individual to perform acts or contracts for which
the contractor's license is required under Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code and
the licensed contractor is responsible for supervising the employee'
s work, the temporary employment agency, employment referral service,
labor contractor, or other similar entity shall pay workers'
compensation premiums based on the contractor's experience
modification rating.
(2) The temporary employment agency, employment referral service,
labor contractor, or other similar entity described in paragraph (1)
shall report to the insurer both of the following:
(A) Its payroll on a monthly basis in sufficient detail to allow
the insurer to determine the number of workers provided and the wages
paid to these workers during the period the workers were supplied to
the licensed contractor.
(B) The licensed contractor's name, address, and experience
modification factor as reported by the licensed contractor.
(C) The workers' compensation classifications associated with the
payroll reported pursuant to subparagraph (A). Classifications shall
be assigned in accordance with the rules set forth in the California
Workers' Compensation Uniform Statistical Reporting Plan published by
the Workers' Compensation Insurance Rating Bureau.
(b) The temporary employment agency, employment referral service,
labor contractor, or other similar entity supplying the individual
under the conditions specified in subdivision (a) shall be solely
responsible for the individual's workers' compensation, as specified
in subdivision (a).
(c) Nothing in this section is intended to change existing law in
effect on December 31, 2002, as it relates to the sole remedy
provisions of this division and the special employer provisions of
Section 11663 of the Insurance Code.
(d) A licensed contractor that is using a temporary worker
supplied pursuant to subdivision (a) shall notify the temporary
employment agency, employment referral service, labor contractor, or
other similar entity that supplied that temporary worker when either
of the following occurs:
(1) The temporary worker is being used on a public works project.
(2) The contractor reassigns a temporary worker to a position
other than the classification to which the worker was originally
assigned.
(e) A temporary employment agency, employment referral service,
labor contractor, or other similar entity may pass through to a
licensed contractor any additional costs incurred as a result of this
section.