reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3266-1 - Refunds to Employees -Voluntary Plan Portion. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 11-20-67; designated effective 11-30-67 (Register 67, No.
						  47).
2. Amendment filed 6-8-72; effective thirtieth day thereafter
						  (Register 72, No. 24).
3. Repealer filed 4-1-82; effective thirtieth
						  day thereafter (Register 82, No. 14).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Sec.
							 3266, Unemployment Insurance
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3266-2 - Refunds to Employees -Assessment Factor for Voluntary Plan Portion. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 6-8-72; effective thirtieth day thereafter (Register 72, No.
						  24).
2. Repealer filed 4-1-82; effective thirtieth day thereafter
						  (Register 82, No. 14).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3266-3 - Refunds to Employees -Assessment for Voluntary Plan Portion. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 6-8-72; effective thirtieth day thereafter (Register 72, No.
						  24).
2. Repealer filed 4-1-82; effective thirtieth day thereafter
						  (Register 82, No. 14).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3267-1 - Reports from Voluntary Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers whose employees are
						participating in approved voluntary plans or the insurer under an approved
						voluntary plan shall, within 15 days after the receipt of a first claim for
						disability or Family Temporary Disability Insurance benefits, report to the
						department on a form prescribed by the department of such claim, except where a
						claim has been made under an approved self-insured plan and the uninterrupted
						period of disability or family care leave of such claim does not exceed the
						waiting period prescribed for benefits from the Disability Fund under
						subdivision (b) of Section
						2627 and subdivision (b) of
						Section 3303 of the code. The initial
						report shall include information specified in paragraphs (1) through (10) of
						this subdivision. The employer or insurer under an approved voluntary plan
						shall, within 35 days after final payment for each period of disability or
						family care leave, give to the department a final report of the claim on a form
						prescribed by the department. The final report shall include, but not limited
						to, the information specified in paragraphs (1) through (15) of this
						subdivision. If the uninterrupted period of disability or family care leave
						does not exceed two weeks, the notice of a first claim and the final report may
						be combined in a single report. The information applicable to the initial
						report and final report is as follows:
(1)
						The claimant's name;
(2) The
						claimant's social security account number;
(3) The claimant's mailing address;
(4) The claimant's sex;
(5) The claimant's date of birth;
(6) The date upon which the claimant's
						disability or family care leave began;
(7) The diagnosis by the claimant's physician
						or practitioner only when the claim is for the claimant's disability;
(8) When the claim is for family care leave,
						whether the claim is to:
(A) Provide care for
						a seriously ill family member; or
(B) Bond with a new
						child;
(9) The care
						recipient's name and date of birth when the claim is for family care
						leave;
(10) The name and telephone
						number of the person completing the report.
(11) The period compensated for days of
						disability or family care leave benefits;
(12) The total amount of basic and additional
						benefits paid for the disability or family care leave;
(13) The last day for which payment was
						made;
(14) The reason for ceasing
						payments; and
(15) Such other
						information as the department may require for establishing appropriate benefit
						amounts for each claim for disability or family care leave
						benefits.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3267-2 - Self-Insured Plans-Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or before the forty-fifth day
						following the close of each calendar year during which a self-insured plan is
						in effect for all or part of the year, and for the period of time during which
						the security deposit described in Section
						3258-1 of these regulations is
						retained by the department, the employer or group of employees shall furnish
						the department with information to include, but not limited to, the following:
(1) The amount of plan funds in the trust
						account at the beginning and end of the calendar year;
(2) The amount of disability and Family
						Temporary Disability Insurance benefits paid during the calendar
						year;
(3) All other proper charges
						as defined by subdivision (b) of this section during the calendar
						year;
(4) The name and address of
						the financial institution where the plan funds are held, and
(5) Such other information as the department
						may require with respect to the financial ability of the self-insurer to meet
						his or her obligations under the plan.
The 45-day period for filing the statement may be
						  extended by the department for a period not to exceed an additional 30 days if
						  good cause is demonstrated in a written request within the 45-day period.
						  Failure to comply with the requirements of this section will be cause for
						  termination of the voluntary plan.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3268-1 - Information Furnished by the Department to Voluntary Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department upon the request of an
						employer or insurer under an approved voluntary plan shall, not later than 10
						days after receipt of such request, furnish to such employer or insurer the
						weekly rate and maximum amount of disability benefits which would be payable
						for the disability benefit period under Part 2 of the code if the individual
						were not covered by the voluntary plan. The department may furnish to the
						insurer, under an approved voluntary plan, the amount of wages or wage-earner
						deductions of the employees of an employer under an approved voluntary plan as
						shown by the records of the department for any period covered by the voluntary
						plan. Information shall be furnished upon request to any individual covered by
						the voluntary plan with respect to his or her disability benefit period, weekly
						rate and maximum benefits were he or she not under the voluntary
						plan.
1.
						  Amendment filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
						  14).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 3268,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3269-1 - Cost of Administering Voluntary Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Repealer filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21).
						  See history note to §
													125-1.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3271-1 - Adjustments in Provisions of Voluntary Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As set forth in Section
						3271 of the code approval of the
						department shall be requested and such approval shall be given only if the
						department finds that a majority of the employees covered by the plan, or all
						of the employees covered by the plan who are adversely affected by the
						amendment, have consented in writing to the modification and that the plan
						after such modification will continue to meet the requirements of the code. If
						the procedure set forth in Section
						3271 of the code is followed,
						approval of the department shall be obtained and such approval shall be given
						only if the plan after such modification will continue to meet the requirements
						of the code and of these regulations.
(b) When the plan is amended pursuant to any
						subdivision of Section
						3271 of the code, the notice of
						amendment distributed to the covered employees must include notification of
						their right to withdraw from the plan as of the effective date of such
						amendment. Such withdrawal shall be effected by written notice to the employer
						not later than 10 days after the effective date.
1. New
						  section filed 11-29-57; designated effective 12-9-57 (Register 57, No.
						  21).
2. Amendment filed 12-22-59; designated effective 1-1-60
						  (Register 59, No. 22).
3. Amendment filed 9-5-61; designated
						  effective 9-15-61 (Register 61, No. 18).
4. Amendment filed 3-14-66;
						  designated effective 3-24-66 (Register 66, No. 7).
5. Amendment
						  filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
						  14).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 3271,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3301(a)-1 - Family Temporary Disability Insurance - Right to Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The right to benefits pursuant to Division 1, Part 2,
						  Chapter 7 (commencing with Section
						  3300) of the code does not provide
						  leave rights or any form of job protection.
EXAMPLE 1. Claimant A works for a small business with
						  15 employees. Claimant A notifies his employer that he will be unable to report
						  to work due to the need to provide care for his seriously ill parent. He
						  advises the employer that he will claim Family Temporary Disability Insurance
						  benefits. The employer informs Claimant A that he cannot guarantee a position
						  with the company will be available when Claimant A returns.
Claimant A establishes a claim for Family Temporary
						  Disability Insurance benefits and receives three weeks of benefits. Claimant A
						  returns to work and is informed by his employer that a position with the
						  company is not available. Although Claimant A received Family Temporary
						  Disability Insurance benefits, his employer was not obligated to retain him as
						  an employee with the company.
1. New
						  chapter 7 (sections
						  3301(a) -
						  1 --3306(b)-1) and section filed
						  6-23-2004; operative 7-1-2004 pursuant to Government Code section
						  11343.4
						  (Register 2004, No. 26).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Section
							 3301,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3302-1 - Family Temporary Disability Insurance Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the terms used
						  in this part relative to Family Temporary Disability Insurance benefits shall
						  have the following meaning:
(a)
						"Affidavit" means a written statement under oath made in compliance with Code
						of Civil Procedure sections
						2012
						through
						2015.6
						including a declaration under penalty of perjury made in compliance with Code
						of Civil Procedure section
						2015.5.
(b) "Authorized representative" of a claimant
						or care recipient means one of the following individuals who:
(1) is the parent.
(2) is authorized by a power of attorney or
						other authorization satisfactory to the department to represent or act on
						behalf of a claimant or care recipient who is incapable of fulfilling the
						requirements of filing claims for Family Temporary Disability Insurance
						benefits.
(3) files with the
						department upon a prescribed form a duly sworn affidavit that the claimant,
						according to information received by the individual from the claimant's
						physician or practitioner, is incapable of making a claim for family temporary
						disability benefits, and that the authorized representative assumes the
						responsibility of acting on behalf of such claimant in accordance with the code
						and this part.
(4) files with the
						department upon a prescribed form a duly sworn affidavit that the care
						recipient, according to information received by the individual from the care
						recipient's physician or practitioner, is incapable of completing his or her
						portion of the claim for family temporary disability benefits, and that the
						authorized representative assumes the responsibility of acting on behalf of
						such care recipient in accordance with the code and this
						part.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3303-1 - Family Temporary Disability Insurance Benefits for Bonding with a New Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						individual may be eligible for Family Temporary Disability Insurance benefits
						for bonding on any day in which he or she is unable to perform his or her
						regular or customary work because of one or more of the following:
(1) the birth of a child of the individual or
						the individual's registered domestic partner.
(2) the placement, through adoption or foster
						care, of a minor child with the individual or the individual's registered
						domestic partner.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3303(b)-1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 6-23-2004; operative 7-1-2004 pursuant to Government Code section
						  11343.4
						  (Register 2004, No. 26).
2. Change without regulatory effect
						  repealing section filed 12-5-2017 pursuant to section
						  100, title 1, California Code of
						  Regulations; effective 1-1-2018 (Register 2017, No.
						  49).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 2656,
							 3302.1
							 and
							 3303,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3303.1(a)-1 - Ready, Willing, Able and Available to Provide Care for the Same Period of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An individual is not eligible for Family Temporary
						  Disability Insurance benefits on any day that another family member is ready,
						  willing, and able and available to provide care during the same period of time
						  in a day that the individual is providing care.
(a) "Ready, Willing, Able and Available."
(1) Another family member may be ready,
						willing, and able and available regardless of his or her attachment to the
						labor market.
EXAMPLE 1. Claimant A is employed full time. His
						  brother is unemployed and looking for work. Claimant A's mother requires care
						  for her serious health condition. The brother is not willing to provide the
						  required care.
Claimant A may receive Family Temporary Disability
						  Insurance benefits, if otherwise eligible.
(2) Another family member may not be ready,
						willing, and able and available because of a physical or mental disability that
						substantially limits his or her ability to provide the required care.
EXAMPLE 2. Claimant B is employed full time. Her
						  brother is an unemployed substance abuser. Their seriously ill parent does not
						  want the brother to provide the required care due to his unreliability.
Claimant B may receive Family Temporary Disability
						  Insurance benefits, if otherwise eligible.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3306(b)-1 - Independent Medical Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may request an independent
						medical examination to determine its liability for the payment of Family
						Temporary Disability Insurance benefits to a claimant. Any care recipient,
						except one who depends for healing entirely upon prayer or spiritual means, as
						provided in Section
						2709 of the code, may be required
						to submit to independent medical examinations when one or more of the following
						circumstances is present:
(1) Medical
						information received from the care recipient's physician does not verify the
						serious health condition, the need for care, or provide any objective medical
						findings that support that the claimant's participation is warranted for the
						period of time claimed.
(2)
						Inconsistent information is received concerning the care recipient's serious
						health condition or the need for the claimant's care.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 3 - EXTENDED UNEMPLOYMENT COMPENSATION › Chapter 2 - EXTENDED DURATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 3 - EXTENDED UNEMPLOYMENT COMPENSATION › Chapter 2 - EXTENDED DURATION BENEFITS › Article 2 - COMPUTATION (AMOUNT AND DURATION)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 3 - EXTENDED UNEMPLOYMENT COMPENSATION › Chapter 2 - EXTENDED DURATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF EXTENDED DURATION BENEFIT CLAIMS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 3 - EXTENDED UNEMPLOYMENT COMPENSATION › Chapter 2 - EXTENDED DURATION BENEFITS › Article 4 - RESERVE ACCOUNTS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 3 - EXTENDED UNEMPLOYMENT COMPENSATION › Chapter 2 - EXTENDED DURATION BENEFITS › Article 5 - OVERPAYMENTS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 3 - EXTENDED UNEMPLOYMENT COMPENSATION › Chapter 4 - RETRAINING BENEFITS [Repealed] › Section 3901-1 - Retraining Benefits Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-7-60 as an emergency; effective upon filing (Register 60, No.
						  8). Certificate of Compliance--Section
						  11422.1,
						  Government Code, filed 8-5-60.
2. Amendment filed 8-5-60; designated
						  effective 8-15-60 (Register 60, No. 17).
3. Repealer filed 4-1-82;
						  effective thirtieth day thereafter (Register 82, No.
						  14).
Note: Authority cited: Sections
							 306,
							 2602
							 and
							 3907,
							 Unemployment Insurance Code. Reference: Sections
							 3901,
							 3902,
							 3903,
							 3904,
							 3906,
							 3907,
							 Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 1 - JOB SEARCH ASSISTANCE › Section 4000-1 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Sections 11325 and
							 11327,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 1 - JOB SEARCH ASSISTANCE › Section 4000-2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Sections
							 11327
							 and
							 11332,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 1 - JOB SEARCH ASSISTANCE › Section 4000-3 - Program Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Sections 11325, and
							 11329,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 1 - JOB SEARCH ASSISTANCE › Section 4000-4 - Program Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Sections
							 11329,
							 11330
							 and
							 11331,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 1 - JOB SEARCH ASSISTANCE › Section 4000-5 - Operative Provision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Section
							 11327,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 2 - PILOT PAYMENT COMPONENT › Section 4000-11 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Section
							 11332,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 2 - PILOT PAYMENT COMPONENT › Section 4000-12 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Section
							 11332,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 2 - PILOT PAYMENT COMPONENT › Section 4000-13 - Program Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Section
							 11332,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 2 - PILOT PAYMENT COMPONENT › Section 4000-14 - Program Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Section
							 11332,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2 - WORK INCENTIVE PROGRAM. [Repealed] › Chapter 1 - EMPLOYMENT PREPARATION PROGRAM › Article 2 - PILOT PAYMENT COMPONENT › Section 4000-15 - Operative Provision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
							 11327,
							 Welfare and Institutions Code. Reference: Section
							 11332,
							 Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-1 - Employee Defined, Rules Generally Applicable to Determinations of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whether an individual is an employee for the purposes of
						Sections 621(b) and
						13020 of the code will be
						determined by the usual common law rules applicable in determining an
						employer-employee relationship. Under those rules, to determine whether one
						performs services for another as an employee, the most important factor is the
						right of the principal to control the manner and means of accomplishing a
						desired result. If the principal has the right to control the manner and means
						of accomplishing the desired result, whether or not that right is exercised, an
						employer-employee relationship exists. Strong evidence of that right to control
						is the principal's right to discharge at will, without cause.
(a) If it cannot be determined whether the
					 principal has the right to control the manner and means of accomplishing a
					 desired result, the following factors will be taken into consideration:
(1) Whether or not the one performing the
					 services is engaged in a separately established occupation or
					 business.
(2) The kind of
					 occupation, with reference to whether, in the locality, the work is usually
					 done under the direction of a principal without supervision.
(3) The skill required in performing the
					 services and accomplishing the desired result.
(4) Whether the principal or the person
					 providing the services supplies the instrumentalities, tools, and the place of
					 work for the person doing the work.
(5) The length of time for which the services
					 are performed to determine whether the performance is an isolated event or
					 continuous in nature.
(6) The
					 method of payment, whether by the time, a piece rate, or by the job.
(7) Whether or not the work is part of the
					 regular business of the principal, or whether the work is not within the
					 regular business of the principal.
(8) Whether or not the parties believe they
					 are creating the relationship of employer and employee.
(9) The extent of actual control exercised by
					 the principal over the manner and means of performing the services.
(10) Whether the principal is or is not
					 engaged in a business enterprise or whether the services being performed are
					 for the benefit or convenience of the principal as an
					 individual.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-2 - Specific Application of Rules for Determination of Employment Status to Circumstances in the Real Estate Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While determinations of whether a
					 salesperson is an employee or an independent contractor in the real estate
					 industry will be determined generally by the rules set forth in Section
					 4304-1, specific application of
					 those rules to circumstances in the real estate industry are set forth in
					 Section 4304-2. In circumstances where a
					 specific application is not interpreted by Section
					 4304.2, that specific application
					 will be determined by the rules set forth in Section
					 4304-1. No one or more of
					 enumerated factors will necessarily indicate that a particular relationship
					 exists.
(b) Definitions:
(1) A "broker" is a person licensed as a real
					 estate broker under the laws of this state and who engages the services of
					 salespersons or a salesperson to perform services in the business which the
					 broker conducts under the authority of his or her license.
(2) A "salesperson" is a person who is
					 engaged by a broker to perform services, which may be continuous in nature, as
					 a real estate salesperson under an agreement with a broker regardless of
					 whether the person is licensed as a real estate salesperson or a real estate
					 broker under the laws of this state.
(3) "Presumed" or "presumption" as used in
					 this regulation means a presumption affecting the burden of proof as defined in
					 Section
					 605 of the
					 Evidence Code.
(4) "Licensed
					 activity" means that activity for which a license is required under Section
					 10131
					 through
					 10131.7
					 of the Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-4 - Specific Application of Rules for Determination of Employment Status to Circumstances in the Computer Services Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The common law rules used to determine
					 whether services are performed as an employee or an independent contractor are
					 contained in Section
					 4304-1. That section provides that
					 "the most important factor is the right of the principal to control the manner
					 and means of accomplishing a desired result. If the principal has the right to
					 control the manner and means of accomplishing the desired result, whether or
					 not that right is exercised, an employer-employee relationship exists." The
					 purpose of this Section
					 4304-4 is to provide the computer
					 services industry standards to be used to determine whether the principal has
					 the right to control the manner and means of accomplishing a desired result.
					 The factors contained in this Section
					 4304-4 are indicators of the right
					 to control. Not all applications listed in this section are necessary to make a
					 determination that a particular relationship exists. A determination of whether
					 services are being performed as an employee or independent contractor will
					 depend upon a grouping of factors that are significant in relationship to the
					 services being performed.
(b) A
					 "computer consultant" is an individual who performs various computer-related
					 services, including, but not limited to:
(1)
					 Development and design of hardware, software or firmware;
(2) Technical leadership and advice in
					 computer-related services;
(3)
					 Programming for computer applications;
(4) Developing and writing system
					 procedures;
(5) System
					 design;
(6) Maintenance of
					 software;
(7) Training of staff in
					 computerized systems and other computer applications;
(8) Computer-related technical writing.
Definition: "Computer-related technical writing," means
						translating computer-related data, information or promotional material into
						understandable language for the purpose of technology or information transfer,
						e.g. writing, editing, preparing or developing written or computer generated
						publications, manuals, run books, listing, articles, brochures, requests for
						quotes (RFQs), requests for proposals (RFPs), written works relating to
						computer hardware, firmware, software, programs, systems design and analysis,
						operations and procedures associated with computer related services or
						products.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-5 - Specific Application of Rules for Determination of Employment Status of Artists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Determination of whether an artist is an employee or an independent contractor
					 will be determined generally by the rules set forth in Section
					 4304-1. This section
					 4304-5 will describe application
					 of those rules to artists. In situations where a specific application is not
					 interpreted by this section, that specific application will be determined by
					 the rules set forth in Section
					 4304-1 above. No one or more of
					 the enumerated factors will necessarily indicate that a particular relationship
					 exists.
(b) An artist is an
					 individual who creates, performs, or interprets works in the visual, literary
					 or performing arts.
(c) Application
					 of the secondary factors described in Section
					 4304-1 to artists follows:
(1) An artist being engaged in a separately
					 established business in the arts or who holds himself or herself out to the
					 public as an entrepreneur in the arts is evidence of independence. Any of the
					 following circumstances shall be evidence that an artist is engaged in a
					 separately established occupation or business:
(A) Performances, publications and
					 exhibitions, including, but not limited to film, video tapes, recordings and
					 visual arts.
(B) Similar services
					 for others at or about the same time.
(C) Advertising in print or electronic media
					 or any other directory; public recognition, such as, awards, reviews,
					 commissions, fellowships; significant reputation on which the artist can rely
					 for income.
(D) Having an artist's
					 agent or representative.
(E)
					 Business cards, brochure and stationery demonstrating that one is available for
					 work as an independent person whether or not one has registered a fictitious
					 business name.
(F) Substantial
					 investment in facilities, tools, equipment, or inventory of products related to
					 the artist's occupation or business.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-6 - Application to Newspaper Distribution Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While determination of whether a carrier
					 is an employee or an independent contractor in the newspaper distribution
					 industry will be determined generally by the rules set forth in 4304-1 above,
					 specific application of those rules to services in the newspaper distribution
					 industry are set forth in 4304-6. In circumstances where a specific application
					 is not interpreted by 4304-6 that specific application will be determined by
					 the rules set forth in 4304-1 above. No one or more of enumerated factors will
					 necessarily indicate that a particular relationship exists.
(b) Definitions:
(1) A "newspaper" is a newspaper of general
					 circulation as defined in Government Code Section
					 6000, and
					 any other publication circulated to the community in general as an extension of
					 or substitute for that newspaper's own circulation, whether that publication be
					 designated a "shoppers' guide," as a zoned edition, or otherwise.
(2) A "publisher" is the natural or corporate
					 person that manages the newspaper's business operations, including
					 circulation.
(3) A "newspaper
					 distributor" is a person or entity that contracts with a publisher to
					 distribute newspapers to the community.
(4) A "principal" is, for the purposes of
					 these regulations, a person or entity that engages the services of a carrier to
					 effect the actual delivery of the newspaper to the customer or reader. The
					 principal of a carrier may be either a publisher which effects its own
					 distribution or a newspaper distributor.
(5) A "carrier" is a person who effects
					 physical delivery of the newspaper to the customer or reader. He or she is an
					 agent of a principal who may be either a publisher or a newspaper distributor.
					 He or she may be, depending on guidelines listed below, either an employee or
					 an independent contractor with respect to that principal.
(6) A "route" is a geographic sector of the
					 community, or a specified list of customers, to which a carrier effects
					 deliveries of the newspaper.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-8 - Specific Application of Rules for Determination of Employment Status to Circumstances in the Security Dealer's Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To determine whether services are
					 performed as an employee or independent contractor refer to the common law
					 rules contained in Section
					 4304-1 of these regulations.
					 Section 4304-1 provides that "to determine
					 whether one performs services for another as an employee, the most important
					 factor is the right of the principal to control the manner and means of
					 accomplishing a desired result." Section
					 4304-1 lists factors which are
					 evidence of the existence or absence of the right of control, to be considered
					 when making an employment determination. Section
					 4304-8 provides standards to be
					 used when applying the common law rules specifically to security dealers and is
					 intended to make clearer those circumstances under which a security dealer is
					 an independent contractor or an employee.
(b) Definitions.
(1) A broker/dealer (B/D) means any
					 individual, corporation, partnership, association, joint stock company,
					 business trust, unincorporated organization or other legal entity designated as
					 a B/D and engaged in the business of effecting transactions in securities for
					 the account of others or his or her own account, but does not include a
					 bank.
(2) A registered
					 representative (RR) is a person associated with a B/D, including assistant
					 officers other than principals, who is engaged in the investment banking or
					 securities business for the B/D including the functions of supervision, sales,
					 solicitation or conduct of business in securities or who is engaged in the
					 training of persons associated with a B/D for any of these functions.
(3) The National Association of Securities
					 Dealers (NASD) is a self-regulatory organization that creates, maintains, and
					 monitors compliance with standardized rules of practice for the industry for
					 the benefit of its brokers and registrants.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 2.5 - WITHHOLDING TAX ON WAGES › Chapter 1 - GENERAL PROVISIONS › Section 4304-9 - Specific Application of Rules for Determination of Employment Status to Circumstances in the Language Interpreter's Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To determine whether services are
					 performed as an employee or independent contractor refer to the common law
					 rules contained in section
					 4304-1 of these regulations.
					 Section 4304-1 provides that "to determine
					 whether one performs services for another as an employee, the most important
					 factor is the right of the principal to control the manner and means of
					 accomplishing a desired result." Section
					 4304-1 lists factors which are
					 evidence of the existence or absence of the right of control, to be considered
					 when making an employment determination. Section
					 4304-9 provides standards to be
					 used when applying the common law rules specifically to language interpreters
					 and is intended to make clearer those circumstances under which a language
					 interpreter is an independent contractor or employee.
(b) Definitions:
For purposes of this regulation, the following
						definitions will apply:
(1) A
					 "language interpreter" is an individual who interprets or translates one or
					 more languages. For example, language includes, but is not limited to,
					 non-English or sign language and interpreted or translated by means of verbal
					 or written communication.
(2) A
					 "principal" is any individual or entity for whom or which the language
					 interpreter performs interpreting or translating services. A principal can be
					 either an agency, client or customer of an agency, or any other individual or
					 entity.
(3) An "agency" is any
					 service, agency, individual, partnership, corporation or other entity that
					 contracts with clients or customers to who it provides language
					 interpreters.