ActiveStatutePrimary sourceSource ID lab-3352

California Labor Code section 3352

Published by California Legislative Information (Legislative Counsel of California). Jurisdiction CA.

Exactly what this source supports

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The section excludes from the definition of employee an officer or member of the board of directors of a quasi-public or private corporation who owns at least 10 percent of the issued and outstanding stock, or at least 1 percent if that officer's or member's parent, grandparent, sibling, spouse, or child owns at least 10 percent, who is covered by a health insurance policy or health care service plan, and who executes a written waiver of rights under the chapter stating under penalty of perjury that the person is a qualifying officer or director.
claim lab-3352#c1
The waiver is effective upon the date of receipt and acceptance by the corporation's insurance carrier, and the carrier may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt.
claim lab-3352#c2
The section provides a conclusive presumption that a person who executes a waiver under that subdivision is not covered by workers compensation benefits.
claim lab-3352#c3
An officer or director of a private corporation who is the sole shareholder of that corporation is excluded from the definition of employee unless the officer, director, or corporation has elected to be subject to liability for workers compensation under subdivision (a) of Section 4151.
claim lab-3352#c4
The section contains many other exclusions from the definition of employee with their own conditions, including certain persons employed by a parent, spouse, or child, certain persons employed for limited hours or limited earnings, certain volunteers, general partners and managing members, owners of professional corporations, and officers and directors of cooperative corporations.
claim lab-3352#c5
The section as displayed carries the note: Repealed (in Sec. 3) and added by Stats. 2017, Ch. 770, Sec. 4. (SB 189) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.
claim lab-3352#c6

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Pages that cite this source

A hypothetical two person California corporation is asked for a workers compensation certificate and reads the statutes on who must be covered

Example

Contract Insurance Requirements (1 check)

Module

Workers Compensation Classification (4 checks)

Module

Reviewer notes

Effective: 2018-07-01

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