1. (a) “Employee with wages as sole compensation” within the meaning of PRC §§ 4526.5 and 4528.5 shall be Persons for whom all of the following characteristics are present:

   1. (1) Receive compensation from hourly wages paid at least twice during each calendar month pursuant to Labor Code § 204, or are salaried and paid at least monthly. (“Wages” does not include any “commission” or compensation calculated solely as a percentage of an employer's business, or contract revenue.)
   2. (2) The employer pays unemployment insurance premiums, deducts Federal and State income tax withholding, Social Security and Medicare deductions from each pay check, and is required by law to forward such withholdings to the appropriate government entity.
   3. (3) The employer covers such Person with worker's compensation and any needed liability insurance.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4524, 4526.5, 4528.5 and 4571, Public Resources Code.

History

1. New section filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).

2. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).