twenty six You. § 3121(d)(3) [the legal employee exclusion enforce “when your offer out-of solution contemplates you to definitely substantially each one of such qualities will be did myself of the for example individual; apart from an individual should not be within the identity ’employee’ beneath the arrangements of part in the event the such as personal provides a substantial funding in facilities found in contact with the fresh results of such services (other than in place to own transport), or if perhaps the support have the type of a single transaction not part of a continuous reference to anyone to have just who the assistance are performed”].?
twenty six You. § 3506(b) [“To possess purposes of that it point, the expression ‘sitters’ function those who give personal attendance, company, otherwise family care services so you can youngsters or to people who find themselves older otherwise disabled.”].?
26 You. § 3506(a) [“To own reason for this subtitle, men involved with the brand new trading or business from putting sitters in touch with individuals who want to utilize them shall perhaps not be treated due to the fact boss of these sitters (and particularly sitters shall not treated since employees of these person) in the event the eg person does not spend otherwise have the salary or earnings of one’s sitters that will be compensated by the sitters otherwise the brand new people just who employ them towards a fee base.”].?
Gov. Code, § 12940, subd. (a); matchbox indir Flannery v. Ca Highway Patrol (1998) 61 Cal.fourth 629, 638 [“The brand new broad function of the fresh FEHA would be to shield a keen employee’s straight to find, receive, and you can hold a career rather than feeling discrimination because of competition, religious creed, colour, federal source, origins, actual handicap, health problem, relationship position, gender, or ages.”].?
Shephard v. Loyola ) 102 Cal.fourth 837, 842 [“To get well within the discrimination into the work provisions out of the FEHA, the new aggrieved plaintiff should be an employee.”].?
Cal. Password Regs., breast. dos, § 11008, subd. (c)(5) [“Just one settled by the a temporary provider agency getting strive to be achieved getting an employer contracting toward short-term services agency are an employee of that boss to own such words, requirements and you may benefits of employment underneath the control over you to workplace. Eg an individual is also a member of staff of one’s short-term provider institution with regard to such as for example terms, standards and you may benefits from a job beneath the command over the new short-term solution service.”].?
Gov. Password, § 12940, subd. (a); get a hold of together with Estrada v. last 143, 155 [delinquent volunteer receive never to end up being a member of staff from inside the definition regarding FEHA].?
Find Cal. Code Regs., tit. 2, § 11008, subd. (c)(1) [“‘Employee’ doesn’t come with another company as the laid out within the Work Code point 3353.”].?
Gov. Code, § 12926, subd. (c); Mendoza v. Town of Ross (2005) 128 Cal.last 625, 632 [listing one to FEHA excludes persons employed by personal family].?
Gov. Code, § 12926, subd. (c); Cal. Password Regs., tit. 2, § 11008, subd. (c)(2) [“‘Employee’ does not include people utilized by their particular mothers, of the his or her partner, or of the their particular son.”].?
Gov. Code, § step 1, subd. (a); Cal. Password Regs., breast. dos, § 11008, subd. (c)(3) [“‘Employee’ doesn’t come with any individual employed below unique licenses in the a non-finances protected workshop otherwise treatment facility.”].?
Cal. Password Regs., tit. 2, § 11008, subd. (d)(5) [“A religious organization or spiritual enterprise maybe not organized to possess personal earnings isn’t an employer beneath the concept of that it Work; one low-funds spiritual business exempt out-of state and federal income tax as the a non-profit religious company is assumed to not ever end up being a manager significantly less than this Work. Despite such as position, any portion of instance tax-exempt spiritual association or religious business susceptible to condition or government income taxes due to the fact an unrelated organization and often using their four or even more anybody is a manager.”].?