Excluded from the definition are bowling team sponsors and private, nonprofit organizations sponsoring a criminal sentenced to community service. In certain cases a person may have two employers for one job. Potentially, both the general and special employers are liable for any injuries to the employee. Where there is a general and a special employer, the worker is generally barred from maintaining a civil action against the other employer. This situation arises most frequently in the case of temporary employment agencies.
Any person rendering service for another is presumed to be an employee.
The presence or absence of a written contract is irrelevant. Even an illegally employed person is considered an employee. Although the definition of employee is very broad, Labor Code 3351, 3351.5, 3352.94, and 3361-3368 provide detailed provisions listing specific persons who are included as employees. These include aliens, minors, elected officials, civil servants and most domestic employees. Also included are detailed provisions regarding various officers, directors, general partners, managers of partnerships and limited liability companies.