CHAPTER 3. Scope or Coverage [601. - 832.]

Chapter 3 enacted by Stats. 1953, Ch. 308.

§§ 601–832 · 109 sections

1. ARTICLE 1. Employment §§ 601–611 · 14 sections

   • § 601 “Employment” means service, including service in interstate commerce, performed by an employee for wages or under any contract of hire, written or oral,…
   • § 601.5 For the purpose of this division only, “employment” includes any service in an artistic or literary capacity performed by an individual pursuant to a…
   • § 602 “Employment” includes an individual’s entire service, performed within, or both within and without, the state if one of the following is met: (a) The service…
   • § 603 Service is localized within a state if either of the following apply: (a) The service is performed entirely within the state. (b) (1) The service is performed…
   • § 603.5 “Employment” includes an individual’s entire service, wherever performed within the United States or Canada, if such service is not covered under the…
   • § 604 “Employment” includes an individual’s entire service, if such service is deemed performed in this State by virtue of an arrangement made pursuant to this…
   • § 605 (a) Except as provided by Section 634.5, “employment” for the purposes of this part and Parts 3 (commencing with Section 3501) and 4 (commencing with Section…
   • § 606 Each individual employed to perform or to assist in performing the work of any individual employed by an employing unit shall be deemed to be employed by that…
   • § 606.5 (a) Whether an individual or entity is the employer of specific employees shall be determined pursuant to subdivision (b) of Section 621, except as provided in…
   • § 607 If the services performed during one-half or more of any pay period by an employee for the person employing him constitute employment, all the services of the…
   • § 608 “Employment”, except as provided by Section 634.5, includes service excluded from “employment” under the Federal Unemployment Tax Act solely by reason of…
   • § 609 (a) “Employment” includes service performed for an employing unit on or in connection with an American vessel operating on navigable waters within or within…
   • § 610 “Employment” shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada), after…
   • § 611 “Employment” includes agricultural labor.
2. ARTICLE 1.5. Employee §§ 621–623 · 4 sections

   • § 621 “Employee” means all of the following: (a) Any officer of a corporation. (b) Any individual providing labor or services for remuneration has the status of an…
   • § 621.5 (a) “Employee” also means any individual who is an employee, pursuant to Section 2750.5 of the Labor Code, of a person who holds a valid state contractor’s…
   • § 622 (a) “Employee” does not include a director of a corporation or association performing services in his or her capacity as a director. This section shall not…
   • § 623 “Employee” does not include any member of a limited liability company that is treated as a partnership for federal income tax purposes.
3. ARTICLE 2. Excluded Services §§ 629–657 · 33 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 634.5 Notwithstanding any other provision of law, a provision excluding service from “employment” does not apply to an entity defined by Section 605 or to a…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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)…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 656 “Employment” does not include professional services performed by a consultant working as an independent contractor. For the purpose of this section, there…
   • § 657 The department shall adopt regulations by July 1, 1996, to establish clear criteria which specify under what conditions amateur athletic officials may be…
4. ARTICLE 3. Subject Employers §§ 675–687.2 · 12 sections

   • § 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…
   • § 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…
   • § 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,…
   • § 679 (a) (1) Notwithstanding Sections 606.5 and 678, for the purposes of this code, “employer” means any employing unit that is a motion picture payroll services…
   • § 680 (a) Notwithstanding any other provision of law, when motion picture production workers are employed by one or more affiliated entities of a motion picture…
   • § 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…
   • § 683 “Employer” also means any employing unit which employs individuals to perform domestic service comprising in-home supportive services under Article 7…
   • § 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…
   • § 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…
   • § 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…
   • § 687.2 Notwithstanding any other law, an employment agency, as defined in subparagraph (C) of paragraph (1) of subdivision (a) or subdivision (h) of Section 1812.501…
5. ARTICLE 4. Elective Coverage §§ 701–713 · 25 sections

   • § 701 An employing unit, not otherwise subject to this division, which files with the director its written election to become an employer for not less than two…
   • § 702 Except as provided by Sections 702.1, 709, and 710, any employing unit for which services that do not constitute employment are performed, may file with the…
   • § 702.1 (a) As used in this section, “nonprofit organization” means any corporation, community chest, fund, or foundation for which services that constitute employment…
   • § 702.5 Any employing unit for which services that do not constitute employment under Section 631 are performed, may file with the director a written election, agreed…
   • § 702.6 (a) Any employing unit who is an employer under this division may file with the director a written election to cover, for the purposes of Part 2 (commencing…
   • § 703 Services not included within “employment” and performed entirely without this State, with respect to no part of which contributions are required and paid under…
   • § 704 The director shall not approve an election under Section 701, 702, 702.1, 702.5, 703, 708, or 708.5 if he or she finds that any of the following conditions…
   • § 704.1 (a) Notwithstanding any other provision of this division, the director may terminate any elective coverage agreement under this article if he or she finds that…
   • § 704.2 For purposes of Sections 704 and 704.1: (a) “Normally and continuously engaged in a regular trade, business, or occupation” means both of the following: (1)…
   • § 705 (a) An elective coverage agreement approved by the director pursuant to any section of this article may be terminated as of January 1st of any calendar year…
   • § 706 The director may for good cause waive the requirement of Section 705 that a written application for termination shall be filed on or before the thirty-first…
   • § 707 Every employing unit which files an election to become an employer pursuant to Section 701, 702, 702.1, 702.5, 703, 709, or 710, or an application for…
   • § 708 (a) Any individual who is an employer under this division or any two or more individuals who have so qualified may file with the director a written election…
   • § 708.5 (a) Any individual who is self-employed, who is not an employer as defined in any provision of Article 3 (commencing with Section 675), of Chapter 3 of this…
   • § 709 Any local public entity located in this state specified in paragraph (3) of subdivision (a) of Section 135 or Indian tribe specified in paragraph (6) of…
   • § 710 (a) Any public entity or Indian tribe for which services that do constitute employment under Section 605 are performed and for which other services that do not…
   • § 710.4 Notwithstanding the provisions of Section 709, any public school employer, as defined in Section 3540.1 of the Government Code, may elect to become an employer…
   • § 710.5 Notwithstanding Section 709, any public agency, as defined in Section 3501 of the Government Code, may elect to become an employer subject to Part 2…
   • § 710.6 (a) Notwithstanding Section 709, an Indian tribe as described by Section 3306(u) of Title 26 of the United States Code, including tribes not covered by the…
   • § 710.7 (a) The State of California, as defined as an employer in Section 3513 of the Government Code, may elect to become an employer subject to Part 2 (commencing…
   • § 710.8 (a) (1) The Trustees of the California State University, as defined as an employer in Section 3562 of the Government Code, shall elect to become an employer…
   • § 710.9 (a) (1) Notwithstanding Section 709, a community college district established pursuant to Part 43 (commencing with Section 70900) of Division 7 of the…
   • § 711 No election filed by any public entity, as defined by Section 605, under any provision of this division shall be effective for service performed after December…
   • § 712 To the extent permitted by federal law, no contributions shall be due from any nonprofit organization organized before 1960 which received a retroactive…
   • § 713 To the extent permitted by federal law, no contributions shall be due from any nonprofit organization which first became compulsorily subject to this part on…
6. ARTICLE 5. Elections for Financing Unemployment Insurance Coverage §§ 801–806 · 9 sections

   • § 801 (a) As used in this section, “nonprofit organization” means any corporation, community chest, fund, or foundation for which services are performed that…
   • § 801.5 To the extent permitted by federal law, a nonprofit organization which before the operative date of this section elected reimbursement financing pursuant to…
   • § 802 (a) The State of California, any other public entity (as defined by Section 605), or any Indian tribe as described by Section 3306(u) of Title 26 of the United…
   • § 803 (a) As used in this section, “entity” means an employing unit that is authorized by Article 4 (commencing with Section 701) or by Section 801 or 802 to elect a…
   • § 803.1 Notwithstanding any other provision of this article, if an entity acquires or succeeds to another entity in any manner, the method of reimbursement financing,…
   • § 803.2 Notwithstanding any other provision of this article, a nonprofit organization which elected reimbursement financing under Section 803 and which has acquired a…
   • § 804 The director shall notify the United States Internal Revenue Service and the United States Department of Labor of the failure of any Indian tribe (as described…
   • § 805 An unregistered organization described in Section 608, and which has been determined by the Internal Revenue Service to be exempt under Section 501(a) as an…
   • § 806 (a) The department shall give notice, as required by Section 1327, to each public entity, as defined by Section 605, which has elected a method of financing…
7. ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees §§ 821–832 · 12 sections

   • § 821 (a) Each school employer may, in lieu of the contributions required of employers, elect to pay into the Unemployment Fund the cost of benefits, including…
   • § 821.3 As used in this article, “administrator” means the Director of Employment Development.
   • § 821.4 As used in this article, “employing unit” and “school employer” means the governing board of any school district or community college district, any county…
   • § 821.5 The provisions of Article 3 (commencing with Section 1326) of Chapter 5 of this part relating to filing, determination, and payments of unemployment…
   • § 822 (a) There is hereby established in the State Treasury the “School Employees Fund.” The School Employees Fund is the successor of the “Classified School…
   • § 823 (a) For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest,…
   • § 826 The administrator of the School Employees Fund shall, based on the total number of covered employees reflected on reports received by March 31, 1978, and by…
   • § 827 Whenever the unencumbered balance of interest deposited in or earned by the School Employees Fund, after deducting administrative expenses paid or encumbered,…
   • § 828 Each school employer shall be responsible for a quarterly local experience charge as set forth below, together with the charges or penalties set by the…
   • § 829 The total amount of the local experience charge computed for each school employer pursuant to Section 828 shall be the amount that the school employer, county…
   • § 831 There is hereby created a School Employer Advisory Committee of five persons. The committee shall consist of one person appointed by each of the following: the…
   • § 832 The administrator shall at least annually calculate, as of the close of and for the immediately preceding fiscal year, the experiences of school employers…