California Code, Labor Code - LAB § 3351

<Section operative until July 1, 2018.  See, also, § 3351 operative July 1, 2018.>

Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:

(a) Aliens and minors.

(b) All elected and appointed paid public officers.

(c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay.  An officer or member of a board of directors may elect to be excluded from coverage in accordance with paragraph (16) of subdivision (a) of Section 3352 .

(d) Except as provided in paragraph (8) of subdivision (a) of Section 3352 , any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.

(e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations , or engaged in work performed under contract.

(f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company.  A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with paragraph (17) of subdivision (a) of Section 3352 .

(g) This section shall remain in effect only until July 1, 2018, and as of that date is repealed.


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