2005 California Unemployment Insurance Code Sections 675-687.2 Article 3. Subject Employers

675.  "Employer" means any employing unit, which for some portion of
a day, has within the current calendar year or had within the
preceding calendar year in employment one or more employees and pays
wages for employment in excess of one hundred dollars ($100) during
any calendar quarter.
676.  "Employer" also means any employing unit, for which services
are performed that are included in "employment" solely for the
purposes of Part 2 (commencing with Section 2601) of this division,
which for some portion of a day, has within the current calendar year
or had within the preceding calendar year one or more employees
performing such services, and pays wages for such service in excess
of one hundred dollars ($100) during any calendar quarter.
677.  "Employer" also means any employing unit for which service is
performed in "employment" as defined by Section 605.
678.  "Employer" means any employing unit which pursuant to a
collective bargaining agreement between an employer and a labor
organization in the motion picture, radio, or television industry,
pays wages as provided in Section 926.5.
682.  (a) "Employer" also means any employing unit which employs
individuals to perform domestic service in a private home, local
college club, or local chapter of a college fraternity or sorority
and pays wages in cash of one thousand dollars ($1,000) or more for
such service during any calendar quarter in the calendar year or the
preceding calendar year.
   (b) Any employing unit which qualifies as an employer under this
section shall not be treated as an employer with respect to wages
paid for any service other than domestic service specified by this
section unless such employing unit also qualifies as an employer with
respect to such other service under Section 675, 676, 677, or 678.
683.  "Employer" also means any employing unit which employs
individuals to perform 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 and pays
wages in cash of one thousand dollars ($1,000) or more for such
service during any calendar quarter in the calendar year or the
preceding calendar year, and is one of the following:
   (a) The recipient of such services, if the state or county makes
or provides for direct payment to a provider chosen by the recipient
or to the recipient of such services for the purchase of services,
subject to the provisions of Section 12302.2 of the Welfare and
Institutions Code.
   (b) The individual or entity with whom a county contracts to
provide in-home supportive services.
   (c) Any county which hires and directs in-home supportive
personnel in accordance with established county civil service
requirements or merit system requirements for those counties not
having civil service systems.
684.  (a) Solely for the purposes of Part 2 (commencing with Section
2601) of this division, "employer" also means any employing unit
which employs individuals to perform domestic service in a private
home, local college club, or local chapter of a college fraternity or
sorority and pays wages in cash of seven hundred fifty dollars
($750) or more to individuals employed in such service during any
calendar quarter in the calendar year or the preceding calendar year.
   (b) Any employing unit which qualifies as an employer under this
section shall not be treated as an employer with respect to wages
paid for any service other than domestic service specified by this
section unless such employing unit also qualifies as an employer with
respect to such other service under Section 675, 676, 677, or 678.
685.  Solely for the purposes of Part 2 (commencing with Section
2601) of this division, "employer" also means any employing unit
which employs individuals to perform domestic  service comprising
in-home supportive services under Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
Institutions Code and pays wages in cash of seven hundred fifty
dollars ($750) or more to individuals employed in such service during
any calendar quarter in the calendar year or preceding calendar
year, and is one of the following:
   (a) The recipient of the services, if the state or county makes or
provides for direct payment to a provider chosen by the recipient or
to the recipient of the services for the purchase of services,
subject to the provisions of Section 12302.2 of the Welfare and
Institutions Code.
   (b) The individual or entity with which a county contracts to
provide in-home supportive services.
   (c) Any county which hires and directs in-home supportive
personnel in accordance with established county civil service
requirements or merit system requirements for those counties not
having civil service systems.
686.  "Employer" also means any person contracting for the creation
of a specially ordered or commissioned work of authorship when 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 of the rights
comprised in the copyright in the work.  The ordering or
commissioning party shall be the employer of the author of the work
for the purposes of this part.
687.2.  Notwithstanding any other provision of law, an employment
agency, as defined in paragraph (3) of subdivision (a) or subdivision
(h) of Section 1812.501 of the Civil Code, shall not be deemed to be
the employer of the domestic workers for whom it procures, offers,
refers, provides, or attempts to provide work if all of the following
factors exist:
   (a) There is a signed contract or agreement between the employment
agency and the domestic worker that contains, at a minimum,
provisions that specify all of the following:
   (1) That the employment agency shall assist the domestic worker in
securing work.
   (2) How the employment agency's referral fee shall be paid.
   (3) That the domestic worker is free to sign an agreement with
other employment agencies and to perform domestic work for persons
not referred by the employment agency.
   (b) The domestic worker informs the employment agency of any
restrictions on hours, location, conditions, or type of work he or
she will accept and the domestic worker is free to select or reject
any work opportunity procured, offered, referred, or provided by the
employment agency.
   (c) The domestic worker is free to renegotiate with the person
hiring him or her the amount proposed to be paid for the work.
   (d) The domestic worker does not receive any training from the
employment agency with respect to the performance of domestic work.
However, an employment agency may provide a voluntary orientation
session in which the relationship between the employment agency and
the domestic worker, including the employment agency's administrative
and operating procedures, and the provisions of the contract or
agreement between the employment agency and the domestic worker are
explained.
   (e) The domestic worker performs domestic work without any
direction, control, or supervision exercised by the employment agency
with respect to the manner and means of performing the domestic
work.
   The following actions exercised by an employment agency shall not
be considered to be the exercise of direction, control, or
supervision:
   (1) Informing the domestic worker about the services to be
provided and the conditions of work specified by the person seeking
to hire a domestic worker.
   (2) Contacting the person who has hired the domestic worker to
determine whether that person is satisfied with the agency's referral
service.  This contact shall not be used to identify improvements
needed in a worker's performance and to then discipline or train the
worker regarding the performance of domestic work.
   (3) Informing the domestic worker of the time during which new
referrals are available.
   (4) Requesting the domestic worker to inform the employment agency
if the domestic worker is unable to perform the work accepted.
   (f) The employment agency does not provide tools, supplies, or
equipment necessary to perform the domestic work.
   (g) The domestic worker is not obligated to pay the employment
agency's referral fee, and the employment agency is not obligated to
pay the domestic worker if the person for whom the services were
performed fails or refuses to pay for the domestic work.
   (h) Payments for domestic services are made directly to either the
domestic worker or to the employment agency.  Payments made directly
to the employment agency shall be deposited into a trust account
until payment can be made to the domestic worker.  Payments made to
the domestic worker by the employment agency shall not be paid from
any of the employment agency's business accounts.
   (i) The relationship between a domestic worker and the person for
whom the domestic worker performs services may only be terminated by
either of those parties and not by the employment agency that
referred the domestic worker.  However, an employment agency may
decline to make additional referrals to a particular domestic worker,
and the domestic worker may decline to accept a particular referral.