SECTIONS 629-657 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 629-657

629. (a) "Employment" does not include domestic service in a
private home, except that "employment" includes domestic service in a
private home if performed for an employing unit or a person who paid
in cash remuneration of one thousand dollars ($1,000) or more to
individuals employed in the domestic service in any calendar quarter
in the calendar year or the preceding calendar year.
(b) For purposes of subdivision (a), "employment" does not include
work performed by a domestic worker for whom an employment agency,
as defined in paragraph (3) of subdivision (a) or subdivision (h) of
Section 1812.501 of the Civil Code, procures, offers, refers,
provides, or attempts to provide domestic work in a private home, if
all of the factors set forth in Section 687.2 characterize the nature
of the relationship between the employment agency and the domestic
worker for whom the agency procures, offers, refers, provides, or
attempts to provide domestic work.

630. Notwithstanding subparagraph (C) of paragraph (1) of
subdivision (c) of Section 621 or Section 13004, "employment" does
not include service as a transcriber of depositions, court
proceedings, and hearings performed away from the office of the
person, firm, or association obligated to produce a transcript of
these proceedings.

631. "Employment" does not include service performed by a child
under the age of 18 years in the employ of his father or mother, or
service performed by an individual in the employ of his son,
daughter, or spouse, except to the extent that the employer and the
employee have, pursuant to Section 702.5, elected to make
contributions to the Unemployment Compensation Disability Fund.

632. "Employment" does not include service performed in the employ
of any other state or its political subdivisions or in the employ of
the United States government or of any instrumentality of the United
States, but if Congress permits the states to require any
instrumentalities of the United States to make payments into a fund
under a state unemployment compensation act, and to comply with state
regulations thereunder, then, to the extent permitted by Congress,
all of the provisions of this division shall be applicable to the
instrumentalities and to services performed for the instrumentalities
in the same manner, to the same extent, and on the same terms as to
all other employers, employing units, individuals, and services.
If this state is not certified by the Secretary of Labor under
Section 3304 of the Internal Revenue Code of 1986 for any year, then
the payments required of the instrumentalities and their workers with
respect to the year shall be refunded from the Unemployment Fund
without interest.

633. (a) For purposes of coverage under Part 2 (commencing with
Section 2601) of Division 1, "employment" does not include services
performed as an intermittent or adjunct instructor at a postsecondary
educational institution which meets the requirements of Article 8
(commencing with Section 94900) of Chapter 7 of Part 59 of the
Education Code if the intermittent or adjunct instructor and the
employing unit enter a written contract with the following
provisions:
(1) That any federal or state income tax liability shall be the
responsibility of the party providing the services.
(2) That no disability insurance coverage is provided under the
contract.
(3) That the party performing the services certifies that he or
she is doing so as a secondary occupation or as a supplemental source
of income.
(b) This section shall not apply to services performed under a
collective bargaining agreement.
(c) This section shall become operative on January 1, 1997.

633.1. For purposes of coverage under Part 2 (commencing with
Section 2601), "employment" shall not include:
(a) Services performed for any public entity, nonprofit or for
profit entity, organization, or business by an inmate of a state
prison under the jurisdiction of the Department of Corrections, by an
individual who is otherwise in the custody of the Department of
Corrections, or by an individual who is otherwise incarcerated in any
of the institutions set forth in Section 2680.
(b) Services performed for any public entity, nonprofit or for
profit entity, organization, or business by a ward in the custody of
the Department of the Youth Authority.

634.5. Notwithstanding any other provision of law, no provision
excluding service from "employment" shall apply to any entity defined
by Section 605 or to any nonprofit organization described by Section
608, except as provided by this section. With respect to any entity
defined by Section 605 or any nonprofit organization described by
Section 608, "employment" does not include service excluded under
Sections 629, 631, 635, and 639 to 648, inclusive, or service
performed in any of the following:
(a) In the employ of either of the following:
(1) A church or convention or association of churches.
(2) An organization which is operated primarily for religious
purposes and which is operated, supervised, controlled, or
principally supported by a church or convention or association of
churches.
(b) By a duly ordained, commissioned, or licensed minister of a
church in the exercise of his or her ministry or by a member of a
religious order in the exercise of duties required by the order.
(c) In the employ of any entity defined by Section 605, if the
service is performed by an individual in the exercise of his or her
duties as any of the following:
(1) An elected official.
(2) A member of a legislative body or a member of the judiciary of
a state or a political subdivision of a state.
(3) A member of the tribal council of an Indian tribe as described
by subsection (u) of Section 3306 of Title 26 of the United States
Code.
(4) A member of a State National Guard or Air National Guard.
(5) An employee serving on a temporary basis in case of fire,
storm, snow, earthquake, flood, or other similar emergency.
(6) An employee in a position that, under or pursuant to state or
tribal law, is designated as either of the following:
(A) A major nontenured policymaking or advisory position.
(B) A policymaking or advisory position, the performance of the
duties of which ordinarily does not require more than eight hours per
week.
(7) (A) Except as otherwise provided in subparagraph (B), an
election official or election worker if the amount of remuneration
reasonably expected to be received by the individual during the
calendar year for services as an election official or election worker
is less than one thousand dollars ($1,000).
(B) This paragraph shall not take effect unless and until the
service is excluded from service to which paragraph (1) of
subdivision (a) of Section 3309 of Title 26 of the United States Code
applies by reason of exemption under subdivision (b) of Section 3309
of that act.
(d) By an individual receiving rehabilitation or remunerative
work in a facility conducted for the purpose of carrying out a
program of either:
(1) Rehabilitation for individuals whose earning capacity is
impaired by age or physical or mental deficiency or injury.
(2) Providing remunerative work for individuals who because of
their impaired physical or mental capacity cannot be readily absorbed
in the competitive labor market.
(e) By an individual receiving work relief or work training as
part of an unemployment work relief or work training program assisted
or financed in whole or in part by any of the following:
(1) A federal agency.
(2) An agency of a state or a political subdivision thereof.
(3) An Indian tribe, as described by subsection (u) of Section
3306 of Title 26 of the United States Code.
(f) By a ward or an inmate of a custodial or penal institution
pursuant to Article 1 (commencing with Section 2700), Article 4
(commencing with Section 2760), and Article 5 (commencing with
Section 2780) of Chapter 5 of, and Article 1 (commencing with Section
2800) of Chapter 6 of, Title 1 of Part 3 of the Penal Code, Section
4649 and Chapter 1 (commencing with Section 4951) of Part 4 of
Division 4 of the Public Resources Code, and Sections 883, 884, and
1768 of the Welfare and Institutions Code.
(g) By an individual under the age of 18 years in the delivery or
distribution of newspapers or shopping news, not including delivery
or distribution to any point for subsequent delivery or distribution.
(h) By an individual in the sale of newspapers or magazines to
ultimate consumers, under an arrangement that includes the following
conditions:
(1) The newspapers or magazines are to be sold by the individual
at a fixed price.
(2) The individual's compensation is based on retention of the
excess of the price over the amount at which the newspapers or
magazines are charged to the individual, whether or not he or she is
guaranteed a minimum amount of compensation for the service or is
entitled to be credited with the unsold newspapers or magazines that
he or she returns.
(i) (1) Except as otherwise provided in paragraph (2), as a
substitute employee whose employment does not increase the size of
the employer's normal workforce, whose employment is required by law,
and whose employment as a substitute employee does not occur on more
than 60 days during the base period.
(2) This subdivision shall not take effect unless and until the
United States Secretary of Labor, or his or her designee, finds that
this subdivision is in conformity with federal requirements.
(j) As a participant in a national service program carried out
using assistance provided under Section 12571 of Title 42 of the
United States Code.

635. "Employment" does not include service under any unemployment
compensation system established by a law of the United States.

636. "Employment" does not include services performed in the employ
of either a candidate for public office or a committee as defined in
Section 82013 of the Government Code, where such services are
performed in connection with an election campaign.

637. "Employment" does not include service performed by any of the
following:
(a) The officers and director of a corporation who are the sole
shareholders of the corporation and it is not subject to the Federal
Unemployment Tax Act.
(b) The officers and director of a corporation engaged in
agriculture who are shareholders of the corporation and it is not
subject to the Federal Unemployment Tax Act.
(c) An officer of a corporation who is the sole shareholder, or
the only shareholder other than his or her spouse, and the service is
not subject to the Federal Unemployment Tax Act.

637.1. In a private corporation, any individual who is included
within the meaning of "employee" pursuant to subdivision (a) of
Section 621 and who is the sole shareholder, or the only shareholder
other than his or her spouse, may file a statement electing to be
excluded from disability insurance coverage for benefits and
contributions under this division. The election shall be effective on
the first day of the calendar quarter in which the statement is
filed. The election shall be effective during the remainder, if any,
of the calendar year in which the statement is filed and not less
than the two succeeding complete calendar years, and in all
subsequent calendar quarters while the statement is in effect.

638. Sections 639 to 648, inclusive, shall be operative only during
such time as the respective type or types of service set forth in
those sections are similarly excluded from the definition of
"employment," in the Federal Unemployment Tax Act.

639. "Employment" does not include domestic service in a local
college club, or local chapter of a college fraternity or sorority,
except that "employment" includes domestic service in a local college
club, or local chapter of a college fraternity or sorority if
performed for a club, chapter, or person who paid in cash
remuneration of one thousand dollars ($1,000) or more to individuals
employed in such domestic service in any calendar quarter in the
calendar year or the preceding calendar year.

640. "Employment" does not include service not in the course of the
employing unit's trade or business performed in any calendar quarter
by an employee, unless the cash remuneration paid for such service
is fifty dollars ($50) or more and such service is performed by an
individual who is regularly employed by such employing unit to
perform such service. For the purposes of this subdivision, an
individual shall be deemed to be regularly employed by an employing
unit during a calendar quarter only if on each of some 24 days during
that quarter or the preceding calendar quarter such individual
performs for such employing unit for some portion of the day service
not in the course of the employing unit's trade or business.

641. "Employment" does not include service performed in any
calendar quarter in the employ of any organization exempt from
federal income tax under Section 501(a) of the Internal Revenue Code
of 1954, as amended (other than an organization described in Section
401(a) of that code), or under Section 521 of the Internal Revenue
Code of 1954, as amended, if the remuneration for such service is
less than fifty dollars ($50).

642. "Employment" does not include service performed in the employ
of a school, college, or university, if such service is performed:
(a) By a student who is enrolled and is regularly attending
classes at such school, college, or university, or
(b) By the spouse of such a student, if such spouse is advised, at
the time such spouse commences to perform such service, that:
(1) The employment of such spouse to perform such service is
provided under a program to provide financial assistance to such
student by such school, college, or university, and
(2) Such employment will not be covered by any program of
unemployment insurance or disability compensation.

642.1. (a) "Employment" does not include service performed by a
full-time student employed by an organized camp, as defined in
Section 18897 of the Health and Safety Code and Section 3306(c)(20)
of Title 26 of the United States Code.
(b) "Full-time student" for purposes of this section means either
of the following:
(1) The individual is enrolled as a full-time student of an
educational institution.
(2) The individual is between academic years or terms under both
of the following criteria:
(A) The individual was enrolled as a full-time student at an
educational institution for the immediately preceding academic year
or term.
(B) There is a reasonable assurance that the individual will be so
enrolled for the immediately succeeding academic year or term after
the period described in subparagraph (A).
(c) For purposes of determining whether an individual is a
full-time student under this section the construction given to the
corresponding definition of "full-time student" contained in Section
3306(q) of Title 26 of the United States Code shall apply.

643. "Employment" does not include service performed in the employ
of a foreign government (including service as a consular or other
officer or employee or a nondiplomatic representative).

644. "Employment" does not include service performed in the employ
of an instrumentality wholly owned by a foreign government:
(a) If the service is of a character similar to that performed in
foreign countries by employees of the United States Government or of
an instrumentality thereof; and
(b) If the Secretary of State shall certify to the Secretary of
the Treasury that the foreign government, with respect to whose
instrumentality exemption is claimed, grants an equivalent exemption
with respect to similar service performed in the foreign country by
employees of the United States Government and of instrumentalities
thereof.

644.5. "Employment" does not include services performed in the
employ of an international organization.

645. "Employment" does not include service performed as a student
nurse in the employ of a hospital or a nurses' training school by an
individual who is enrolled and is regularly attending classes in a
nurses' training school chartered or approved pursuant to state law;
and service performed as an intern in the employ of a hospital by an
individual who has completed a four years' course in a medical school
chartered or approved pursuant to state law.

646. "Employment" does not include service performed by an
individual under the age of 22 who is enrolled at a nonprofit or
public educational institution which normally maintains a regular
faculty and curriculum and normally has a regularly organized body of
students in attendance at the place where its educational activities
are carried on as a student in a full-time program, taken for credit
at such institution, which combines academic instruction with work
experience, if such service is an integral part of such program, and
such institution has so certified to the employer, except that this
section shall not apply to service performed in a program established
for or on behalf of an employer or group of employers.

647. "Employment" does not include service performed in the employ
of a hospital, if such service is performed by a patient of such
hospital.

648. "Employment" does not include service performed on or in
connection with a vessel or aircraft not an American vessel or an
American aircraft, if the employee is employed on and in connection
with such vessel or aircraft when outside the United States.

649. "Employment" does not include service performed by an
individual if:
(a) Such service is performed by an individual under the age of 18
in the delivery or distribution of newspapers, shopping news, or
magazines, not including delivery or distribution to any point for
subsequent delivery or distribution, unless such service is performed
by an individual under the age of 18 whose principal occupation is
regular full-time work and whose attendance at school is incidental
to full-time employment.
(b) Such service is performed by an individual in, and at the time
of, the sale of newspapers or magazines to ultimate consumers, under
an arrangement under which the newspapers or magazines are to be
sold by him at a fixed price, his compensation being based on the
retention of the excess of such price over the amount at which the
newspapers or magazines are charged to him whether or not he is
guaranteed a minimum amount of compensation for such service, or is
entitled to be credited with the unsold newspapers or magazines
turned back.

650. "Employment" does not include services performed as a real
estate, mineral, oil and gas, or cemetery broker or as a real estate,
cemetery or direct sales salesperson, or a yacht broker or salesman,
by an individual if all of the following conditions are met:
(a) The individual is licensed under the provisions of Chapter 19
(commencing with Section 9600) of Division 3 of, or Part 1
(commencing with Section 10000) of Division 4 of, the Business and
Professions Code, Article 2 (commencing with Section 700) of Chapter
5 of Division 3 of the Harbors and Navigation Code, or is engaged in
the trade or business of primarily inperson demonstration and sales
presentation of consumer products, including services or other
intangibles, in the home or sales to any buyer on a buy-sell basis, a
deposit-commission basis, or any similar basis, for resale by the
buyer or any other person in the home or otherwise than from a retail
or wholesale establishment.
(b) Substantially all of the remuneration (whether or not paid in
cash) for the services performed by that individual is directly
related to sales or other output (including the performance of
services) rather than to the number of hours worked by that
individual.
(c) The services performed by the individual are performed
pursuant to a written contract between that individual and the person
for whom the services are performed and the contract provides that
the individual will not be treated as an employee with respect to
those services for state tax purposes.

651. "Employment" does not include services performed by an
individual as a golf caddy in caddying or carrying a golf player's
clubs.

652. "Employment" does not include service performed as an elected
or appointed official in any calendar quarter in the employ of any
nonprofit fraternal corporation or association which is not subject
to the Federal Unemployment Tax Act if the remuneration for such
service does not exceed one hundred dollars ($100) a month.
The provisions of this section shall be applicable with
retrospective effect.

653. "Employment" does not include services performed in the employ
of a baseball club pursuant to a contract or agreement under which
the baseball player agrees to perform for expenses and a share of the
profits of the club, rather than for a fixed salary.

654. "Employment" does not include service performed by a
free-lance jockey or exercise boy who is regularly licensed by the
California Horse Racing Board.

655. "Employment" does not include services performed by a
professional athlete who is neither a citizen of nor a resident of
the United States or any state when he comes to the State of
California for occasional or incidental professional engagements.

656. "Employment" does not include professional services performed
by a consultant working as an independent contractor.
For the purpose of this section, there shall be a rebuttable
presumption that services provided by an individual engaged in work
requiring specialized knowledge and skills attained through
completion of recognized courses of instruction or experience are
rendered as an independent contractor. These services shall be
limited to those provided by attorneys, physicians, dentists,
engineers, architects, accountants, chiropractors, and the various
types of physical, chemical, natural, and biological scientists.
Professional services shall not include services generally provided
by persons who do not have a degree from a four-year institution of
higher learning relating to the specialized knowledge and skills of
the professional service being provided.
For the purposes of this section, the rebuttable presumption shall
not apply to an individual who enters into a contract agreement with
the recipient of the professional services which establishes an
employer-employee relationship. However, the existence of a contract
between a nonprofit, licensed, primary care clinic, as defined in
subdivision (a) of Section 1204 of the Health and Safety Code, and a
health care practitioner who is licensed as a physician and surgeon,
osteopathic physician and surgeon, podiatrist, optometrist,
chiropractor, or psychologist shall not constitute an
employer-employee relationship if the contract stipulates that the
professional services rendered to the clinic are by an independent
contractor, not an employee. Independent contractors who conform to
the provisions of this section or primary care clinics that contract
with these individuals or organizations shall not be liable for any
payments that may be required under an employer-employee relationship
pursuant to this code.

657. The department shall adopt regulations by July 1, 1996, to
establish clear criteria which specify under what conditions amateur
athletic officials may be considered employees.