Unemployment Insurance Code — Part 5 | UIC — United States — California law | Esheria

Unemployment Insurance Code

Part 5 of 6 · provisions 801–1,000

This section says the act is called the Unemployment Insurance Code and may be cited by that name.

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This section states that people claiming unemployment insurance benefits are expected to make all reasonable efforts to find work. This section says the unemployment insurance part is tied to a national unemployment and social security plan, and certain contribution and benefit provisions stop operating if the related federal tax-credit framework changes so credits are no longer available. This section says the Employment Training Panel should prioritize funding projects that best meet listed workforce-training goals. The panel may waive certain minimum wage requirements for specified training-funded workers if the trainee’s post-retention wage is higher than before and during training. This section defines key terms used in the Employment Training Panel chapter, including department, employer, eligible participant, job, new hire training, retraining, and related terms.

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Provisions of Unemployment Insurance Code

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  1. 3502.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. )

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    For extended unemployment compensation, Part 1 generally applies unless this section says otherwise, but Part 1 controls if there is a conflict.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. ) ## 3502. (a) Except as otherwise provided, the provisions and definitions of Part 1 of this division apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to extended unemployment compensation. (b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part. (c) The provisions of Part 2 of this division do not apply to this part. (Added by Stats. 1959, Ch. 2035.)
  2. 3503.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. )

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    This section defines key terms used in extended unemployment compensation, including who counts as an exhaustee and how benefit periods and unemployment rates are calculated.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. ) ## 3503. For the purposes of this part: (a) “Extended duration benefits” means the extended unemployment compensation benefits payable under this part. (b) “Normal benefits” means the unemployment compensation benefits payable under Part 1 (commencing with Section 100) of this division. (c) “Exhaustee” means an individual who is not entitled to normal benefits due to either of the following: (1) He or she has an unexpired benefit year and has exhausted his or her normal benefits. (2) His or her most recent benefit year expired in the week in which he or she filed a primary claim or in the immediately preceding 13 calendar weeks and he or she is not entitled to establish a benefit year. (d) “Insured unemployment rate” for a week means the percentage arrived at by dividing: (1) The average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the period consisting of the week and the immediately preceding 12 weeks, by (2) The average monthly covered employment for the same period. The director shall interpret this definition in accordance with regulations and guidelines prescribed by the United States Secretary of Labor which are applicable to subdivision (e) of Section 203 of the federal act. (e) “Extended benefit period” means the period beginning with the third week after the first week for which there is an “on” indicator, and ending with the third week after the first week for which there is an “off” indicator, except no extended benefit period shall last for a period of less than 13 consecutive weeks and no extended benefit period may begin before the 14th week after the close of a prior extended benefit period. There is an “on” indicator for a week if the insured unemployment rate equals or exceeds 6 percent. There is an “off” indicator for a week if the insured unemployment rate is less than 6 percent. (f) “Primary claim” means the first claim for extended duration benefits filed by an exhaustee with an effective date within an extended benefit period for the purpose of establishing an extended duration award and an extended duration period. (g) “Extended duration award” means the maximum amount of extended duration benefits allowable under this part to an eligible exhaustee. (h) “Extended duration period” means a period beginning with the first day of the week with respect to which an exhaustee filed a valid primary claim and ending with the last week which begins on or before the last day of the fifth calendar month following the calendar month which contains the extended duration week or a major portion of the extended duration week in which the valid primary claim was filed. (i) “Parent benefit year” means the benefit year with respect to which an individual becomes an exhaustee. (j) “Federal act” means the “Federal-State Extended Unemployment Compensation Act of 1970”. (Amended by Stats. 1982, Ch. 1073, Sec. 3.)
  3. 3504.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. )

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    The director must compute the insured unemployment rate for each calendar week during the week before that week, and the computation is a public record.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. ) ## 3504. The director shall during the week immediately preceding each calendar week compute the insured unemployment rate for that calendar week. The computation shall be a public record. (Amended by Stats. 1982, Ch. 1073, Sec. 4.)
  4. 3505.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. )

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    This section limits extended duration unemployment benefits when a person is entitled to certain federal benefits, and requires cancellation or offset in specified cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. ) ## 3505. (a) Notwithstanding any other provision of this part, no payment of extended duration benefits shall be made to any individual for any week or part of any week with respect to which he is entitled to receive unemployment compensation benefits as a result of participation by this state pursuant to the provision of any federal law providing for the payment of such benefits or as a result of the application in any other manner to this state of any federal law providing for the payment of such benefits. (b) With respect to weeks commencing on or after November 29, 1970, this subdivision shall apply and subdivision (a) of this section shall not apply to benefits under the “Federal-State Extended Unemployment Compensation Act of 1970”. (1) Notwithstanding any other provision of this part, if an individual would have rights to receive benefits under the federal act within an “extended benefit period” under the federal act, the director shall cancel such individual’s rights to extended duration benefits within that “extended benefit period”. (2) A cancellation under this section does not affect extended duration benefits paid with respect to a week preceding such cancellation. (3) Notwithstanding a cancellation under this section, an individual otherwise qualified for extended duration benefits during an “extended benefit period” under the federal act, may, upon the expiration of his “eligibility period” specified by the federal act, establish rights to, and be paid, extended duration benefits subject to the following conditions: (A) If the individual has filed a primary claim in the “extended benefit period”, under the federal act, he may reestablish his extended duration benefit rights, if the extended duration period would not have expired. (B) If the individual has not filed a primary claim in the “extended benefit period”, under the federal act, and he has claimed benefits pursuant to the federal act during an extended duration week in such “extended benefit period”, he may file a primary claim effective with that extended duration week, if the extended duration period would not have expired. (C) If the individual has not filed a primary claim in the “extended benefit period”, under the federal act, and he has claimed benefits pursuant to the federal act but not during an extended duration week in such “extended benefit period”, he may file a primary claim in an extended duration week. (D) The individual shall not be paid extended duration benefits for any week for which he receives federal benefits. (4) An individual may be paid extended duration benefits with respect to a parent benefit year only to the extent that the total amount of such extended duration benefits and benefits paid under the federal act since the beginning of such parent benefit year does not exceed 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during that parent benefit year, whichever is the lesser. (Amended by Stats. 1970, Ch. 1156.)
  5. 3506.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. )

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    The Governor may suspend extended duration unemployment benefits if federal law allows it.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 1. General Provisions [3501 - 3506] ( Chapter 1 added by Stats. 1959, Ch. 2035. ) ## 3506. Notwithstanding any other provision of this part, the Governor may, if permitted by federal law, suspend the payment of extended duration benefits under this part, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Emergency Unemployment Compensation Act of 1991 (P.L. 102-164) or any extension of that act, including, but not limited to, Public Law 102-244, and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits. (Added by Stats. 1992, Ch. 22, Sec. 1. Effective April 1, 1992.)
  6. 3551.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 1. Eligibility and Disqualifications [3551 - 3553] ( Article 1 added by Stats. 1959, Ch. 2035. )

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    Extended duration benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 1. Eligibility and Disqualifications [3551 - 3553] ( Article 1 added by Stats. 1959, Ch. 2035. ) ## 3551. Extended duration benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part. (Added by Stats. 1959, Ch. 2035.)
  7. 3552.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 1. Eligibility and Disqualifications [3551 - 3553] ( Article 1 added by Stats. 1959, Ch. 2035. )

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    An unemployed individual may receive extended duration benefits only if the director finds several eligibility conditions are met, including an established award, the week falling within the relevant periods, no disqualification, and sufficient earnings.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 1. Eligibility and Disqualifications [3551 - 3553] ( Article 1 added by Stats. 1959, Ch. 2035. ) ## 3552. An unemployed individual is eligible to receive extended duration benefits with respect to any week only if the director finds that: (a) An extended duration award has been established for the individual. (b) The week is: (1) Within the extended duration period of the award; and (2) Within an extended benefit period. (c) He or she meets the eligibility requirements of Part 1 (commencing with Section 100) of this division, except those excluded under subdivision (b) of Section 3502. (d) He or she is not subject to disqualification, and is not under disqualification for normal benefits, under any provision of Part 1 (commencing with Section 100) of this division. (e) He or she had earnings from employment subject to the provisions of this division which exceed 40 times his or her most recent weekly benefit amount in the base period in which he or she exhausted all rights to regular compensation. For the purpose of this section “wages” includes wages due to an individual but unpaid within the time limit provided by law. (f) During any week within an extended benefit period under the federal act, the provisions of subdivision (d) of Section 4552 and Sections 4553, 4554, 4555, and 4556 shall apply to claims filed under this part. (Amended by Stats. 1983, Ch. 761, Sec. 7.)
  8. 3553.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 1. Eligibility and Disqualifications [3551 - 3553] ( Article 1 added by Stats. 1959, Ch. 2035. )

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    If an exhaustee files a valid primary claim, that filing counts as an election to claim extended duration benefits instead of filing a new claim for normal benefits for later weeks when those benefits are payable.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 1. Eligibility and Disqualifications [3551 - 3553] ( Article 1 added by Stats. 1959, Ch. 2035. ) ## 3553. The filing of a valid primary claim by an exhaustee shall constitute an election by him to claim extended duration benefits to the exclusion of filing a new claim for normal benefits for any week of unemployment subsequent to the filing of such primary claim for which extended duration benefits are payable to him. (Added by Stats. 1959, Ch. 2035.)
  9. 3601.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 2. Computation (Amount and Duration) [3601 - 3603] ( Article 2 added by Stats. 1959, Ch. 2035. )

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    For an exhaustee, the weekly benefit amount under an extended duration award is the same as the weekly benefit amount for the parent benefit year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 2. Computation (Amount and Duration) [3601 - 3603] ( Article 2 added by Stats. 1959, Ch. 2035. ) ## 3601. An exhaustee’s weekly benefit amount under an extended duration award shall be the same as his weekly benefit amount for the parent benefit year. (Added by Stats. 1959, Ch. 2035.)
  10. 3602.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 2. Computation (Amount and Duration) [3601 - 3603] ( Article 2 added by Stats. 1959, Ch. 2035. )

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    An exhaustee’s extended duration award is the lesser of 13 times the weekly benefit amount or one-half of the maximum normal benefits payable in the parent benefit year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 2. Computation (Amount and Duration) [3601 - 3603] ( Article 2 added by Stats. 1959, Ch. 2035. ) ## 3602. An exhaustee’s extended duration award during any one extended duration period shall be 13 times his weekly benefit amount or one-half of the maximum amount of normal benefits payable to him during his parent benefit year, whichever is the lesser. (Added by Stats. 1959, Ch. 2035.)
  11. 3603.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 2. Computation (Amount and Duration) [3601 - 3603] ( Article 2 added by Stats. 1959, Ch. 2035. )

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    Only one extended-duration award may be established for an exhaustee based on any one parent benefit year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 2. Computation (Amount and Duration) [3601 - 3603] ( Article 2 added by Stats. 1959, Ch. 2035. ) ## 3603. Only one extended duration award may be established for an exhaustee based on any one parent benefit year. (Added by Stats. 1959, Ch. 2035.)
  12. 3651.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

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    Claims for extended duration benefits must be made as provided in this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3651. Claims for extended duration benefits shall be made as provided in this article. (Added by Stats. 1959, Ch. 2035.)
  13. 3652.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

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    An exhaustee who wants extended duration benefits must file a valid primary claim.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3652. An exhaustee who desires to claim extended duration benefits shall file a valid primary claim. A primary claim for extended duration benefits shall be valid only if its effective date is within an extended benefit period and the individual filing it is an unemployed exhaustee. For the purpose of determining whether a primary claim is a “valid primary claim” within the meaning of this section, an individual otherwise unemployed shall be deemed unemployed even though wages, as defined in Section 1252, which are for a period subsequent to the termination of performance of services are payable with respect to the week for which the individual files the claim. (Amended by Stats. 1982, Ch. 1073, Sec. 6.)
  14. 3653.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

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    A valid primary claim’s effective date is determined the same way as a new claim for normal benefits under Section 1326.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3653. The effective date of a valid primary claim shall be determined in the same manner as the effective date of a new claim for normal benefits pursuant to Section 1326. (Added by Stats. 1959, Ch. 2035.)
  15. 3654.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

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    The department must notify the last employing unit when a primary or additional claim is filed, and the notified employing unit must send any known facts affecting eligibility within 10 days, with a possible good-cause extension.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3654. The department shall give a notice of the filing of a primary claim or an additional claim to the employing unit by which the exhaustee was last employed immediately preceding the filing of the claim unless the additional claim is the result of the filing of a partial claim as defined by the department, there has not been a subsequent employing unit which is designated as the last employer, and there is no separation issue. The employing unit so notified shall submit within 10 days after the mailing of the notice any facts then known which may affect the exhaustee’s eligibility for extended duration benefits. The 10-day period may be extended for good cause. If after the 10-day period the employing unit acquires knowledge of facts which may affect the eligibility of the exhaustee and those facts could not reasonably have been known within the period, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may also be extended for good cause. (Amended by Stats. 1985, Ch. 716, Sec. 5.)
  16. 3654.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

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    The director may require employing units to submit wage and employment information within 10 days after a request is mailed, and the deadline may be extended for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3654.1. (a) For the purpose of determining whether an unemployed individual meets the eligibility requirements of subdivision (e) of Section 3552, the director may pursuant to his authorized regulations require that wage and employment information shall be submitted to the director, within 10 days after the mailing of a request by the director, by any or all of the following: (1) Each employing unit subsequent to the end of the base period of the new claim and prior to the effective date of a valid primary claim for extended duration benefits. (2) Each employing unit in the four quarters immediately preceding the beginning of the base period of the new claim. (b) The 10-day period may be extended for good cause. (Amended by Stats. 1977, Ch. 1252.)
  17. 3654.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    If an employing unit does not provide requested wage information, it owes a $10 penalty for each report not submitted, and the director assesses the penalty.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3654.2. Any employing unit who fails to furnish wage information requested by the director pursuant to Section 3654.1 shall be subject to a penalty of ten dollars ($10) for each such report not submitted. The director shall assess the penalty and the provisions of Part 1 (commencing with Section 100) of this division with respect to assessments, refunds, and collections shall apply. Penalties collected under this section shall be deposited in the Unemployment Fund. (Amended by Stats. 1977, Ch. 1252.)
  18. 3654.3.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    If an employing unit does not respond to a wage information request in time, the director must make a determination using available information.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3654.3. If any employing unit fails to respond to a request for wage information within the period prescribed by Section 3654.1, the director shall make a determination based upon available information. (Amended by Stats. 1977, Ch. 1252.)
  19. 3654.4.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    The department must decide eligibility for extended duration benefits, notify the affected parties, and allow appeals to an administrative law judge within 30 days, with possible extension for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3654.4. (a) The department shall consider the facts submitted by an employing unit pursuant to Section 3654.1 and make a determination as to the exhaustee’s eligibility for extended duration benefits under subdivision (e) of Section 3552. The department shall promptly notify the exhaustee and any employing unit who prior to the determination has submitted any facts pursuant to Section 3654.1 of the determination and the reasons therefor. The exhaustee and the employing unit may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 34. (SB 191) Effective June 30, 2022.)
  20. 3655.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    The Employment Development Department must review employer-submitted facts and decide whether an exhaustee is eligible for extended duration benefits when benefits are claimed after the claim is filed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3655. (a) The Employment Development Department shall consider the facts submitted by an employer pursuant to Section 3654 and, if benefits are claimed subsequent to the filing of the extended duration benefits claim, make a determination as to the exhaustee’s eligibility for the extended duration benefits. The Employment Development Department shall promptly notify the exhaustee and any employer who prior to the determination has submitted any facts pursuant to Section 3654 of the determination and the reasons therefor. The exhaustee and the employer may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The Director of Employment Development shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall take effect on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 35. (SB 191) Effective June 30, 2022.)
  21. 3656.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    When an exhaustee files a valid primary claim, the department must promptly calculate extended duration benefits and notify the exhaustee. The exhaustee may protest the computation within 30 days, with possible extension for good cause, and may appeal a denial of recomputation.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 3. Filing, Determination, and Payment of Extended Duration Benefit Claims [3651 - 3656] ( Article 3 added by Stats. 1959, Ch. 2035. ) ## 3656. (a) Upon the filing of a valid primary claim by an exhaustee, the department shall promptly make an extended duration award computation that shall set forth the maximum amount of extended duration benefits potentially payable during the extended duration period, the weekly benefit amount, and the expiration date of the extended duration period. The department shall promptly notify the exhaustee of the computation. The exhaustee may, within 30 days after the service of the notice of computation, protest its accuracy. The 30-day period may be extended for good cause. The department shall consider the protest and shall promptly notify the exhaustee of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner prescribed in Section 3655. The director shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall take effect on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 36. (SB 191) Effective June 30, 2022.)
  22. 3701.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 4. Reserve Accounts [3701 - 3702] ( Article 4 added by Stats. 1959, Ch. 2035. )

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    This section lets an eligible employer send certain facts to the department within 10 days after notice and receive a ruling, while also setting appeal and reconsideration rules.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 4. Reserve Accounts [3701 - 3702] ( Article 4 added by Stats. 1959, Ch. 2035. ) ## 3701. (a) (1) An employer that is entitled under Section 3654 to notice of the filing of a primary claim or additional claim and that, within 10 days after mailing of the notice, submits to the department any facts within its possession disclosing whether the exhaustee left the most recent employment with the employer voluntarily and without good cause or was discharged from the employment for misconduct connected with their work, or whether the claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period, or whether the claimant left the employer’s employ to accompany their spouse or domestic partner to a place or join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available, or whether the claimant’s discharge or quit from their most recent employer was the result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages, or whether the claimant left the employer’s employ to protect their family or themselves from domestic violence abuse, or whether the claimant left the employer’s employ to take a substantially better job, shall be entitled to a ruling as prescribed by this section. The period during which the employer may submit these facts may be extended by the director for good cause. (2) For purposes of this section, “spouse” includes a person to whom marriage is imminent, and “domestic partner” includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. (b) The department shall consider these facts together with any information in its possession. If the employer is entitled to a determination pursuant to Section 3655, the department shall promptly notify the employer of its ruling as to the cause of the termination of the exhaustee’s most recent employment. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to an appeal. The department may for good cause reconsider a ruling or reconsidered ruling within either five days after the date an appeal to an administrative law judge is filed or, if an appeal is not filed, within 30 days after service of notice of the ruling or reconsidered ruling, except that a ruling or reconsidered ruling that related to a determination that is reconsidered pursuant to subdivision (a) of Section 1332 may also be reconsidered by the department within the time provided for reconsideration of that determination. (c) For purposes of this section only, if the claimant voluntarily leaves the employer’s employ without notification to the employer of the reasons therefor, and if the employer submits all of the facts within its possession concerning the leaving within the applicable time period referred to in this section, the leaving shall be presumed to be without good cause. (d) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party shall not be deemed to have voluntarily left their employment without good cause. (e) Rulings under this section shall have the effect prescribed by Section 1032. (f) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 37. (SB 191) Effective June 30, 2022.)
  23. 3702.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 4. Reserve Accounts [3701 - 3702] ( Article 4 added by Stats. 1959, Ch. 2035. )

    Verify source ↗

    Certain extended duration benefits are charged to the exhaustee’s employer’s reserve account, subject to listed exceptions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 4. Reserve Accounts [3701 - 3702] ( Article 4 added by Stats. 1959, Ch. 2035. ) ## 3702. Extended duration benefits, to the extent that such extended duration benefits are not reimbursed or reimbursable by the federal government to the State of California, shall be charged except as provided by Section 1032, 1032.5, 1034, 1036, 1335, 1338, or 1380, against the reserve account of the exhaustee’s employer during his or her base period. If the individual performed services in employment for more than one employer during his or her base period, unemployment compensation benefits paid to him or her shall be charged against the respective reserve accounts of such employers in the proportion that the total wages paid to the individual in employment for each employer bears to the total wages paid to the individual in employment for all employers during the base period. (Amended by Stats. 1983, Ch. 1169, Sec. 8.)
  24. 3751.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 5. Overpayments [3751- 3751.] ( Article 5 added by Stats. 1959, Ch. 2035. )

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    The Employment Development Department must serve notice of certain overpayments within one year in specified cases, and the Director of Employment Development may offset certain overpayments against other benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 3. EXTENDED UNEMPLOYMENT COMPENSATION [3501 - 3751] ( Part 3 added by Stats. 1959, Ch. 2035. ) ## CHAPTER 2. Extended Duration Benefits [3551 - 3751] ( Chapter 2 added by Stats. 1959, Ch. 2035. ) ## ARTICLE 5. Overpayments [3751- 3751.] ( Article 5 added by Stats. 1959, Ch. 2035. ) ## 3751. The provisions of Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of this division are modified in the following respects: (a) In the absence of fraud, misrepresentation, or willful nondisclosure, the notice of overpayment of extended duration benefits shall be served by the Employment Development Department not later than one year after the close of the extended duration period in which the overpayment was made. (b) The Director of Employment Development may offset an overpayment of extended duration benefits, or federal-state extended benefits, or unemployment compensation benefits against any of such three types of benefits or against disability benefits to which the liable person may become entitled under this division. The Director of Employment Development may offset the amount of any such overpayments within any of the periods prescribed by subdivision (b) of Section 1379, and further within the current extended duration period or current extended benefit period established under Part 4 (commencing with Section 4001) of this division or any extended benefit period or any extended duration period which begins during the three-year period next succeeding the date of the service of such notice of overpayment. (Amended by Stats. 2022, Ch. 67, Sec. 38. (SB 191) Effective June 30, 2022.)
  25. 4.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

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    The general provisions in this code govern how the code is to be construed, unless the context requires otherwise.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 4. Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this code. (Enacted by Stats. 1953, Ch. 308.)
  26. 4001.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    This section sets the purpose and timing for extended unemployment compensation and says it applies only under the stated federal-state act and related conditions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. ) ## 4001. The purpose of this part is to provide that payment of extended compensation, in accordance with the “Federal-State Extended Unemployment Compensation Act of 1970”, as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), shall be made, for any week of unemployment which begins in the individual’s eligibility period, to individuals who have exhausted all rights to regular compensation under this division and who have no rights to regular compensation with respect to such week under this division or any other state unemployment compensation law or to compensation under any other federal law. For purposes of this section, an individual shall have exhausted his rights to regular compensation under any state law (A) when no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on wage credits for his base period, or (B) when his rights to such compensation have terminated by reason of the expiration of the benefit year with respect to which such rights existed. Except where inconsistent with the provisions of the “Federal-State Extended Unemployment Compensation Act of 1970”, as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), the terms and conditions of this division which apply to claims for regular compensation and to the payment thereof shall apply to claims for extended compensation and to the payment thereof under such federal act. This part shall be operative on September 25, 1982, and extended compensation shall be payable as provided by the Federal-State Extended Unemployment Compensation Act of 1970, as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), subject to limitations provided by that act, with respect to weeks of unemployment and extended benefit periods beginning after September 25, 1982. The provisions of this section in effect prior to the amendments by the Omnibus Budget Reconciliation Act of 1981 shall continue to apply to weeks beginning after November 28, 1970, and before September 25, 1982. (Amended by Stats. 1982, Ch. 1072, Sec. 6. Effective September 15, 1982.)
  27. 4002.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. )

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    This section says Part 1 generally applies to this part, but this part controls if there is a conflict for federal-state extended benefits. It also excludes several listed provisions and Parts 2 and 3, except where otherwise provided.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. ) ## 4002. (a) Except as otherwise provided, the provisions and definitions of Part 1 (commencing with Section 100) apply to this part. In case of any conflict between the provisions of Part 1 and the provisions of this part, the provisions of this part shall prevail with respect to federal-state extended benefits. (b) Except as otherwise provided, subdivision (d) of Section 1253, and Sections 1030, 1032, 1254, 1277, 1281, 1327, 1328, 1329, 1330, and 1331 do not apply to this part. (c) The provisions of Part 2 (commencing with Section 2601) of, and of Part 3 (commencing with Section 3501) do not apply to this part. (Amended by Stats. 1985, Ch. 1488, Sec. 5.)
  28. 4003.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. )

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    This section defines federal-state extended benefits, sets unemployment-rate tests for “on” and “off” indicators, and lets the Governor suspend extended duration benefits if federal law permits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. ) ## 4003. (a) The provisions and definitions of terms in the Federal-State Extended Unemployment Compensation Act of 1970, as amended by the federal Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), apply to this part. “Federal-state extended benefits” means benefits payable under this part. (b) (1) To the extent that the provisions and definitions of terms in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) are in effect in federal law and are in conflict with, or supplement the provisions and definitions applicable pursuant to subdivision (a), the provisions and definitions of the American Recovery and Reinvestment Act of 2009 shall apply to this part. (2) To the extent that the provisions and definitions of terms in the federal Families First Coronavirus Response Act (Public Law 116-127) are in effect in federal law and are in conflict with, or supplement the provisions and definitions applicable pursuant to, subdivision (a), the provisions and definitions of the federal Families First Coronavirus Response Act shall apply to this part. (c) There is an “on” indicator for purposes of federal-state extended benefits for a week if one of the following applies: (1) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding two calendar years, and equaled or exceeded 5 percent. (2) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 6 percent, regardless of the rate of insured unemployment in the two previous years. (3) With respect to weeks of unemployment beginning on or after February 1, 2009, and continuing until the week ending four weeks prior to the last week for which 100 percent federal sharing is authorized by subdivision (a) of Section 2005 of Public Law 111-5 for all claims, except for reimbursable entities described in Section 3306(c)(7) of the Internal Revenue Code, both of the following apply: (A) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of that week, equals or exceeds 6.5 percent. (B) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the three-month period referred to in subparagraph (A) equals or exceeds 110 percent of that average rate of total unemployment for either or both of the corresponding three-month periods ending in the two preceding calendar years. (4) With respect to weeks of unemployment beginning on or after March 18, 2020, and continuing until the week ending four weeks prior to the last week for which 100 percent federal sharing is authorized by the federal Families First Coronavirus Response Act (Public Law 116-127), which shall be interpreted to retroactively include any subsequent extension of the last week for which 100 percent of federal sharing is authorized under that act and shall take effect as if the amendment extending full federal funding was enacted as part of that act, or for weeks of unemployment ending four weeks prior to the last week for which Congress, pursuant to any future legislation, has authorized 100 percent federal sharing, for all claims, except for reimbursable entities described in Section 3306(c)(7) of the Internal Revenue Code as that section read as of the operative of date of the act adding this paragraph, both of the following apply: (A) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of that week, equals or exceeds 6.5 percent. (B) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the three-month period referred to in subparagraph (A) equals or exceeds 110 percent of that average rate of total unemployment for either or both of the corresponding three-month periods ending in the two preceding calendar years. (d) There is an “off” indicator for a week if, for the period consisting of that week, and the 12 weeks immediately preceding the week, none of the criteria specified in subdivision (c) results in an “on” indicator. (e) For purposes of this section, the rate of insured unemployment for a 13-week period shall be determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of the period. (f) The indicators specified in subdivisions (c) and (d) shall be operative only if mandated or permitted by federal law. (g) Notwithstanding any other provision of this part, the Governor may, if permitted by federal law, suspend the payment of extended duration benefits under this part, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Supplemental Appropriations Act of 2008 (Public Law 110-252), the Unemployment Compensation Extension Act of 2008 (Public Law 110-449), and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits. (h) Notwithstanding the provisions of subdivision (c), with respect to weeks of unemployment beginning on or after December 19, 2010, and continuing until the earlier of the date authorized by Section 502(b) of Public Law 111-312, or the week ending four weeks prior to the last week for which 100 percent federal sharing is authorized by Section 2005(a) of Public Law 111-5 for all claims, except for reimbursable entities described in Section 3306(c)(7) of the Internal Revenue Code, the following applies: (1) There is an “on” indicator for purposes of federal-state extended benefits for a week if one of the following applies: (A) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding three calendar years, and equaled or exceeded 5 percent. (B) The rate of insured unemployment under this part for the period consisting of that week and the 12 weeks immediately preceding the week equaled or exceeded 6 percent, regardless of the rate of insured unemployment in the three previous years. (C) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of that week, equals or exceeds 6.5 percent and the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States Secretary of Labor, for the three-month period equals or exceeds 110 percent of that average rate of total unemployment for any or all of the corresponding three-month periods ending in the three preceding calendar years. (2) There is an “off” indicator for a week if, for the period consisting of that week, and the 12 weeks immediately preceding the week, none of the criteria specified in paragraph (1) results in an “on” indicator. (3) The indicators specified in paragraphs (1) and (2) shall be operative only if mandated or permitted by federal law. (i) (1) Notwithstanding any other provision of this part, with respect to whether the state is in an extended benefit period beginning on November 1, 2020, through December 31, 2021, as permitted by the Continued Assistance for Unemployed Workers Act of 2020, the requirement in the Federal-State Extended Unemployment Compensation Act of 1970 that no extended benefit period may begin prior to the 14th week following the end of a prior extended benefit period which was in effect shall not apply. (2) Notwithstanding any other provision of this part, when authorized by federal law to temporarily waive the “off” period, the requirement in the Federal-State Extended Unemployment Compensation Act of 1970 that no extended benefit period may begin prior to the 14th week following the end of a prior extended benefit period which was in effect shall not apply. (Amended by Stats. 2021, Ch. 5, Sec. 12. (AB 81) Effective February 23, 2021.)
  29. 4004.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. )

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    The department must create an extended compensation account for each eligible individual who applies, and the account amount must meet a minimum formula.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 1. General Provisions [4001 - 4004] ( Chapter 1 added by Stats. 1970, Ch. 1156. ) ## 4004. (a) The department shall establish, for each eligible individual who files an application therefor, an extended compensation account with respect to the individual’s benefit year. The amount established in that account, subject to subdivision (b) of this section, shall be not less than whichever of the following is the least: (1) Fifty percent of the total amount of regular compensation payable to the individual during that benefit year under this division. (2) Thirteen times the individual’s average weekly benefit amount. (3) Thirty-nine times the individual’s average weekly benefit amount, reduced by the regular compensation paid to them during that benefit year under this division. (b) The amount determined under subdivision (a) of this section shall be reduced by the aggregate amount of additional compensation paid to the individual under Part 3 (commencing with Section 3501) of this division for prior weeks of unemployment in a benefit year that did not begin in an extended benefit period. (c) For purposes of subdivision (a) of this section, an individual’s weekly benefit amount for a week is the amount of regular compensation under Part 1 (commencing with Section 100) of this division payable to such individual for such week of total unemployment. (d) With respect to weeks beginning in a high unemployment period, subdivision (a) shall be applied in accordance with the following percentages: (1) In paragraph (1) of subdivision (a), 80 percent shall be substituted for 50 percent. (2) In paragraph (2) of subdivision (a), 20 times shall be substituted for 13 times. (3) In paragraph (3) of subdivision (a), 46 times shall be substituted for 39 times. (e) For purposes of subdivision (d), “high unemployment period” means either of the following: (1) A period during which an extended benefit period would be in effect if subparagraph (A) of paragraph (3) of subdivision (c) of Section 4003 were applied by substituting 8 percent for 6.5 percent. (2) A period during which an extended benefit period would be in effect if subparagraph (A) of paragraph (4) of subdivision (c) of Section 4003 were applied by substituting 8 percent for 6.5 percent. (f) If subdivision (h) of Section 4003 is applicable, for purposes of subdivision (d), “high unemployment period” means a period during which an extended benefit period would be in effect if subparagraph (C) of paragraph (1) of subdivision (h) of Section 4003 was applied by substituting 8 percent for 6.5 percent. (Amended by Stats. 2020, Ch. 22, Sec. 3. (AB 103) Effective June 29, 2020.)
  30. 401.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    This section sets up the California Unemployment Insurance Appeals Board, sets appointment and qualification rules for its members, and requires the chairperson and members to receive the salary provided by another Government Code provision.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 401. (a) There is in the department an Appeals Division consisting of the California Unemployment Insurance Appeals Board and its employees. The appeals board consists of five members. Three members shall be appointed by the Governor, subject to the approval of the Senate. One member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the Senate Committee on Rules. All of the members of the appeals board shall be attorneys at law admitted to practice in any state of the United States, and shall have, at a minimum, one year of experience in conducting judicial or administrative hearings or five years of experience in the practice of law. Each member of the board shall devote his or her full time to the performance of his or her duties. The chairperson and each member of the board shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The Governor shall designate the chairperson of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairperson at the pleasure of the Governor. The chairperson shall designate a member of the appeals board to act as chairperson in his or her absence. (b) The amendments made to this section by the act adding this subdivision shall apply to appointments made on or after January 1, 2013. (c) It is the intent of the Legislature that the two California Unemployment Insurance Appeals Board member positions that are eliminated pursuant to this act be those board member positions that could have been appointed by the Governor, but were not, and that are currently vacant and have been vacant since October 2011. (Amended by Stats. 2012, Ch. 46, Sec. 136. (SB 1038) Effective June 27, 2012.)
  31. 402.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    Appeals board members serve four-year terms, and vacancies are filled by appointment for the unexpired term; a Governor-filled vacancy needs Senate approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 402. Each member of the appeals board shall serve for a term of four years and until his successor is appointed and qualifies. The term of office of each member of the board appointed pursuant to the 1967 amendment to this section shall also be for four years; provided, however, that of the two board members first appointed pursuant to such amendments, one shall be appointed for a term which shall expire July 1, 1970, and one for a term which shall expire July 1, 1971. A vacancy shall be filled by the appointing power by appointment for the unexpired term. A vacancy filled by the Governor shall be subject to the approval of the Senate. (Amended by Stats. 1982, Ch. 1225, Sec. 2.)
  32. 403.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The appeals board controls Appeals Division personnel, prepares the division budget, and can delegate powers; the director must provide required facilities and services and cannot change the budget unless the board agrees.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 403. All personnel of the Appeals Division shall be appointed, directed and controlled only by the appeals board or its authorized deputies or agents to whom it may delegate such powers. The appeals board shall prepare a budget covering the necessary administrative costs of the Appeals Division. Such budget shall not be subject to change by the director except as agreed to by the appeals board. In the event that agreement cannot be reached, the final decision shall rest with the Governor. The director shall furnish the equipment, supplies, housing and nonpersonal and housekeeping services required by the Appeals Division and shall perform such other mechanics of administration as the appeals board and the director may agree upon. (Amended by Stats. 1967, Ch. 1586.)
  33. 404.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The appeals board or its delegated executive officer must appoint and oversee impartial administrative law judges, who must decide covered petitions and appeals. The State Personnel Board sets their compensation, and an administrative law judge must not take part in a case if personally interested.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 404. The appeals board, or the executive officer subject to its direction and control to whom it delegates such responsibility, shall appoint and direct the activities of one or more impartial administrative law judges who shall hear and render a decision in every matter in which a petition is filed with, or an appeal is taken to, an administrative law judge as provided in this division. The compensation of the administrative law judges shall be fixed by the State Personnel Board at a rate comparable to that of other administrative law judges or hearing officers in state service whose duties and responsibilities are comparable, without regard to whether such other positions have membership in the State Bar of California as a prerequisite to appointment. No administrative law judge shall participate in any case in which he is an interested party. (Amended by Stats. 1984, Ch. 537, Sec. 2.)
  34. 405.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The appeals board must appoint a chief administrative law judge, and that judge must be a member in good standing of the State Bar of California.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 405. The appeals board shall appoint a chief administrative law judge who shall be a member in good standing of the State Bar of California. (Amended by Stats. 1984, Ch. 537, Sec. 3.)
  35. 406.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The chief administrative law judge must manage the board’s administrative law judges and staff, and review unappealed decisions for possible legal inconsistency.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 406. The duties of the chief administrative law judge include: (a) Serving as the chief executive of the board in the administration of the activities of administrative law judges and their staffs. (b) Maintaining a continuous review of the decisions of administrative law judges from which no appeal is taken to uncover decisions which appear inconsistent with the law, with established judicial decisions, with prior decisions of the board or with each other and recommending such cases to the appeals board for certification to itself for a further hearing. (Amended by Stats. 1984, Ch. 537, Sec. 4.)
  36. 407.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The appeals board may delegate evidence-taking or evidence-hearing in a case before it, and the board and its authorized representatives have the powers of a head of a department for duties under this division.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 407. In any case before it, the appeals board may delegate to any one of its members or to a special examiner or administrative law judge the taking or hearing of evidence. The appeals board and its duly authorized representatives in the performance of its duties under this division shall have the powers of a head of a department as set forth in Sections 11180 to 11191, inclusive, of the Government Code. (Amended by Stats. 1984, Ch. 537, Sec. 5.)
  37. 408.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The Appeals Board must put all of its decisions and orders in writing.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 408. All decisions and orders of the Appeals Board shall be in writing. (Amended by Stats. 1967, Ch. 1656.)
  38. 409.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The chairperson must assign cases to two board members, with rotation and changing membership, and the appeals board may designate precedent decisions and charge a reasonable publication fee.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 409. The chairperson shall assign cases before the board to any two members of the board for consideration and decision. Assignments by the chairperson of members to the cases shall be rotated so as to equalize the workload of the members, but with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continuous composition of members. Except as otherwise provided, the decision of the two members assigned the case shall be the decision of the appeals board. In the event that the two members do not concur in the decision, the chairperson or another member of the board designated by the chairperson shall be assigned to the panel and shall resolve the impasse. A case shall be considered and decided by the appeals board acting as a whole at the request of any member of the appeals board. The appeals board shall meet as a whole when the chairperson may direct to consider and pass on any matters that the chairperson may bring before it, and to consider and decide cases that present issues of first impression or that will enable the appeals board to achieve uniformity of decisions by the respective members. The appeals board, acting as a whole, may designate certain of its decisions as precedents. Precedent decisions of the appeals board are subject to Section 11425.60 of the Government Code. The appeals board, acting as a whole, may, on its own motion, reconsider a previously issued decision solely to determine whether or not the decision shall be designated as a precedent decision. Decisions of the appeals board acting as a whole shall be by a majority vote of its members. The director and the appeals board administrative law judges shall be controlled by those precedents except as modified by judicial review. If the appeals board issues decisions other than those designated as precedent decisions, anything incorporated in those decisions shall be physically attached to and be made a part of the decisions. The appeals board may make a reasonable charge as it deems necessary to defray the costs of publication and distribution of its precedent decisions and index of precedent decisions. (Amended by Stats. 1995, Ch. 938, Sec. 88. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  39. 409.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    If a court overturns or invalidates a precedent decision, the appeals board must promptly revise it to match the court’s judgment and notify specified recipients.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 409.1. If a final judgment of a court of competent jurisdiction reverses or declares invalid a precedent decision of the appeals board issued under Section 409 or this section, the appeals board, acting as a whole, shall promptly modify the precedent decision to conform in all respects to the judgment of the court. The modified precedent decision shall supersede the prior precedent decision for all purposes. The appeals board shall promptly notify the director, the administrative law judges of the appeals board, and all other subscribers to the precedent decisions, of the modified precedent decision. (Amended by Stats. 1984, Ch. 537, Sec. 7.)
  40. 409.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    Any interested person or organization may file a declaratory relief action in superior court to seek a judicial declaration about the validity of certain appeals board precedent decisions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 409.2. Any interested person or organization may bring an action for declaratory relief in the superior court in accordance with the provisions of the Code of Civil Procedure to obtain a judicial declaration as to the validity of any precedent decision of the appeals board issued under Section 409 or 409.1. (Added by Stats. 1975, Ch. 978.)
  41. 410.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The appeals board’s decisions are generally final, but judicial review is allowed by law, and the board must explain that review right in reviewable decisions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 410. A decision of the appeals board is final, except for such action as may be taken by a judicial tribunal as permitted or required by law. A decision of the appeals board is binding on the director with respect to the parties involved in the particular appeal. The director shall have the right to seek judicial review from an appeals board decision irrespective of whether or not he or she appeared or participated in the appeal to the administrative law judge or to the appeals board. Notwithstanding any other provision of law, the right of the director, or of any other party except as provided by Sections 1241, 1243, and 5313, to seek judicial review from an appeals board decision shall be exercised not later than six months after the date of the decision of the appeals board or the date on which the decision is designated as a precedent decision, whichever is later. The appeals board shall attach to all of its decisions where a request for review may be taken, an explanation of the party’s right to seek such review. (Amended by Stats. 1984, Ch. 537, Sec. 8.)
  42. 411.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

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    The appeals board may make, change, or cancel rules about hearing appeals and related matters within its jurisdiction.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 411. The appeals board, acting as a whole, may promulgate rules or amend or rescind rules pertaining to hearing appeals and other matters falling within its jurisdiction. All these rules, amendments thereto, or repeals thereof, shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2003, Ch. 62, Sec. 297. Effective January 1, 2004.)
  43. 412.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The appeals board may transfer or take over certain unemployment appeal proceedings, and if it does so it may take additional evidence and change the department’s findings or action.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 412. (a) The appeals board acting as a whole may, by notice mailed to the director and the parties prior to the mailing of an administrative law judge’s decision on an appeal or petition under this division pending before any administrative law judge, on its own motion either: (1) Transfer the proceedings to another administrative law judge; or (2) Remove the proceedings to itself for review and decision. (b) If the appeals board removes any proceedings to itself for review and decision pursuant to this section, the appeals board may order the taking of additional evidence and may affirm, reverse, modify, or set aside any findings or action of the department from which the appeal or petition to the administrative law judge was taken in the proceedings. The appeals board shall promptly notify the department and the parties to the proceedings of its order or decision. (Amended by Stats. 1984, Ch. 537, Sec. 9.)
  44. 413.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The appeals board may review an administrative law judge’s decision, set it aside and remand, or take the case over for its own review.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. California Unemployment Insurance Appeals Board [401 - 413] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 413. (a) The appeals board acting as a whole may, by notice mailed to the director and the parties not later than 30 days after the mailing of an administrative law judge’s decision on an appeal or petition under this division to the administrative law judge, on its own motion either: (1) Set aside the decision of the administrative law judge and remand the proceedings to another administrative law judge for review and decision; or (2) Remove the proceedings to itself for review and decision. (b) If the appeals board removes any proceedings to itself for review and decision pursuant to this section, the appeals board may order the taking of additional evidence and may affirm, reverse, modify or set aside the decision of the administrative law judge. The appeals board shall promptly notify the department and the parties to the proceedings of its order or decision. (c) Notwithstanding any other provision of this division, no decision of an administrative law judge under this division shall be final if the appeals board pursuant to this section sets aside such decision or removes the proceedings to itself for review and decision. (Amended by Stats. 1984, Ch. 537, Sec. 10.)
  45. 451.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may cooperate with other states and federal agencies and may investigate, share information, provide services and facilities, and use information and facilities made available to California for unemployment compensation administration.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 451. The administration of this division and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and such other states and the appropriate federal agencies in exchanging services, and making available facilities and information. The director may make investigations, secure and transmit information, make available services and facilities and exercise the other powers provided with respect to the administration of this division which he finds necessary or appropriate to facilitate the administration of any state or federal unemployment compensation or public employment service law, and may accept and utilize information, services and facilities made available to this State by an agency charged with the administration of any such other state or federal law. (Enacted by Stats. 1953, Ch. 308.)
  46. 452.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may make or join arrangements to use foreign-government unemployment compensation facilities and services for taking claims and paying benefits, if allowed by U.S. law and the Constitution.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 452. To the extent permissible under the laws and Constitution of the United States, the director may enter into or cooperate in arrangements whereby facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the Unemployment Insurance Law of this State or a similar law of such government. (Amended by Stats. 1953, Ch. 449.)
  47. 453.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section lets California officials and courts cooperate with other states to collect and enforce unemployment-related debts when the other state gives similar treatment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 453. To encourage cooperation between this state and other states in the enforcement of the unemployment insurance law of each state and to further coordinate the nationwide system of unemployment insurance in the United States and its territories: (a) The courts of this state shall recognize and enforce liabilities for unemployment contributions, penalties, interest, and benefit overpayments imposed by other states which extend a like comity to this state. (b) The Attorney General may commence action in any other jurisdiction by and in the name of the department to collect unemployment contributions, penalties, interest, and benefit overpayments legally due this state. The officials of other states which extend a like comity to this state may sue for the collection of such contributions, penalties, interest, and benefit overpayments in the courts of this state. A certificate by the Secretary of State under the Great Seal of the state that the officers of the department designated by the director have authority to collect the contributions, penalties, interest, and benefit overpayments is conclusive evidence of such authority. (c) The Attorney General may commence action in this state as agent for and on behalf of any other state to enforce judgments and liabilities for unemployment insurance contributions, penalties, interest and benefit overpayments due such state which extends a like comity to this state. The requesting state shall pay the court costs. (Amended by Stats. 1967, Ch. 1720.)
  48. 454.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may make reciprocal arrangements with authorized agencies of other states or the federal government.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 454. The director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby: (a) Services customarily performed in more than one state by an individual for a single employer shall be deemed to be services performed entirely within any one of the states (i) in which any part of the individual’s service is performed, or (ii) in which the individual has his residence, or (iii) in which the employer maintains a place of business, if there is in effect as to such services an election by the employing unit with the acquiescence of the individual, approved by the agency charged with the administration of such state’s unemployment compensation law pursuant to which all the services performed by such individual for such employer are deemed to be performed entirely within such state. (b) Services on vessels engaged in interstate commerce wherever performed shall be deemed performed within this State or any other state on the basis of the location of the operating office of the employer from which the operations of the vessel are ordinarily and regularly supervised, managed, directed, and controlled. (Enacted by Stats. 1953, Ch. 308.)
  49. 455.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may make reciprocal arrangements with other state or federal agencies, and may exchange reimbursements with them, if the arrangements are fair, reasonable, and do not cause substantial loss to the fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 455. The director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby: (a) Potential rights to benefits accumulated under the unemployment compensation laws of one or more states or of the Federal Government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the director finds will be fair and reasonable to all affected interests and which will not result in any substantial loss to the fund. (b) Wages or services in employment subject to an unemployment compensation law of another state or of the Federal Government shall be deemed to be wages in employment for employers for the purpose of determining an individual’s rights to unemployment compensation benefits under this part, and wages in employment for employers as defined in this part shall be deemed to be wages or services on the basis of which unemployment compensation under the law of another state or of the Federal Government is payable, but no such arrangement shall be entered into unless it contains provisions for reimbursements to the Unemployment Fund for such of the unemployment compensation benefits paid under this part upon the basis of such wages or services, and provisions for reimbursements from the Unemployment Fund for such of the compensation paid under such other law upon the basis of wages for employment as defined in this part as the director finds will be fair and reasonable to all affected interests. Reimbursements paid from the Unemployment Fund pursuant to this subdivision shall be deemed to be unemployment compensation benefits for the purposes of this part. The director may make to other state and federal agencies and receive from such other state or federal agencies reimbursements from or to the fund, in accordance with arrangements entered into pursuant to this subdivision. (Enacted by Stats. 1953, Ch. 308.)
  50. 455.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    California must participate in approved interstate arrangements that combine wages and employment for unemployment compensation, and those arrangements must prevent duplicate use of wages and employment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 455.5. This state shall participate in any arrangements for the payment of compensation on the basis of combining an individual’s wages and employment covered under this division with his wages and employment covered under the unemployment compensation law of other states which are approved by the Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations. Any such arrangement shall include provisions for both of the following: (a) Applying the base period of a single state law to a claim involving the combining of an individual’s wages and employment covered under two or more state laws. (b) Avoiding duplicate use of wages and employment by reason of such combining. (Added by Stats. 1971, Ch. 1107.)
  51. 455.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Benefits cannot be denied or reduced solely because an individual files a claim in another state or a qualifying contiguous country, or lives in another state or such a country when filing.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 455.7. Notwithstanding any other provision of this division, benefits shall not be denied or reduced to an individual solely because he files a claim in another state, or a contiguous country with which the United States has an agreement with respect to unemployment compensation, or because he resides in another state or such a contiguous country at the time he files a claim for unemployment compensation. (Added by Stats. 1971, Ch. 1107.)
  52. 4551.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

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    Eligible unemployed individuals may receive federal-state extended benefits from the Unemployment Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4551. Federal-state extended benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part. (Added by Stats. 1970, Ch. 1156.)
  53. 4552.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

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    An unemployed individual may receive federal-state extended benefits only if the director finds several eligibility conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4552. An unemployed individual is eligible to receive federal-state extended benefits with respect to any week only if the director finds that: (a) An extended compensation claim has been established for him or her. (b) The week is within an extended benefit period and his or her eligibility period. (c) He or she meets the eligibility requirements of Part 1 (commencing with Section 100), except those excluded under subdivision (b) of Section 4002. (d) He or she is not subject to disqualification for normal benefits under any provision of Part 1 (commencing with Section 100). If the individual has been subject to disqualification under subdivision (b) of Section 1257, he or she has satisfied subdivision (b) of Section 1260 and, during a week following the first week of disqualification, has done either of the following: (1) Performed service in bona fide employment during a week on a full-time basis. (2) Performed service in bona fide employment during a week from which service he or she earned remuneration at least equal to his or her weekly benefit amount. (e) With respect to compensation payable to any individual for any week, he or she had earnings from employment subject to the provisions of this division which exceed 40 times his or her most recent weekly benefit amount or 1.5 times the highest quarter, in the base period in which he or she exhausted all rights to regular compensation. (f) An individual subject to disqualification under subdivision (a) of Section 1256.4 has satisfied subdivision (a) of Section 1260. (g) The amendments to subdivision (e) made by the act adding this subdivision shall not be implemented unless the director determines that those amendments have been approved by the United States Department of Labor. The director shall immediately seek approval of the amendments to subdivision (e) from the United States Department of Labor. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 22, Sec. 3. Effective March 27, 2009.)
  54. 4553.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

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    An unemployed individual is disqualified from federal-state extended benefits if they refuse suitable work without good cause or fail to apply for suitable work when referred by a public employment office.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4553. An unemployed individual is disqualified for federal-state extended benefits if the individual, without good cause, refused to accept suitable work when offered to the individual, or failed to apply for suitable work when referred by a public employment office. (a) For purposes of this section, the term “suitable work” means any work which is within the individual’s capabilities. (b) An individual shall not be disqualified under this section if any of the following apply: (1) The gross average weekly remuneration payable to the individual for the position offered or to which referred, does not exceed the individual’s weekly benefit amount plus the amount of any additional benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week. (2) The position was not offered to such individual in writing and was not listed with a public employment office. (3) The provisions of subdivision (a), (b), or (c) of Section 1259 or the provisions of Article 1.5 (commencing with Section 1266) or Article 1.8 (commencing with Section 1274) of Chapter 5 of Part 1 apply. (4) The position pays less than the federal or state minimum wage, whichever is higher. (5) The department determines that the individual’s prospects for obtaining work in his or her customary occupation within a reasonably short period are good. (c) If the department makes a determination described in paragraph (5) of subdivision (b), the determination of whether any work is “suitable work” and whether there is a disqualification from benefits with respect to the individual shall be made in accordance with subdivision (b) of Section 1257, Sections 1258, 1258.5, and 1259, and subdivision (b) of Section 1260. (Amended by Stats. 1981, Ch. 1134, Sec. 8. Conditionally inoperative as provided in Section 4558.)
  55. 4554.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    An individual can lose federal-state extended benefits if they do not actively seek work, unless a stated exception applies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4554. An individual is disqualified for federal-state extended benefits if the individual fails to actively engage in seeking work. (a) For purposes of this section, an individual shall be treated as actively engaged in seeking work during any week if both of the following conditions are met: (1) The individual has engaged in a systematic and sustained effort to obtain work during the week. (2) The individual provides tangible evidence to the department that he or she has engaged in such an effort during the week. (b) An individual shall not be disqualified under this section for any week in which the individual is in a training or retraining program under Article 1.5 (commencing with Section 1266) of Chapter 5 of Part 1. (c) An individual shall not be disqualified under this section for any week solely because the individual is before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty, or the individual is hospitalized for treatment of an emergency or life-threatening condition. (Amended by Stats. 1985, Ch. 716, Sec. 6. Conditionally inoperative as provided in Section 4558.)
  56. 4555.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    An individual disqualified under specified sections is ineligible to receive federal-state extended benefits until the person works at least four weeks in bona fide employment and earns at least four times the weekly benefit amount.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4555. If an individual is disqualified for federal-state extended benefits under Section 4553 or 4554 pursuant to a determination transmitted to him or her by the department, the individual shall be ineligible to receive federal-state extended benefits: (a) Beginning with the week in which the disqualifying act occurs, and (b) Continuing until the individual has, during at least four weeks subsequent to the week in which the disqualifying act occurred, performed services in bona fide employment for which remuneration is earned equal to or in excess of four times the individual’s weekly benefit amount. (Amended by Stats. 1981, Ch. 1134, Sec. 9. Conditionally inoperative as provided in Section 4558.)
  57. 4556.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    When the department refers people who applied for federal-state extended benefits to work, the referral must include suitable work that is not subject to subdivision (b) of Section 4553.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4556. When the department refers individuals who have applied for federal-state extended benefits to work, the referrals shall include suitable work, as defined by subdivision (a) of Section 4553, to which any part of subdivision (b) of Section 4553 would not apply. (Added by Stats. 1981, Ch. 10, Sec. 5. Effective March 31, 1981. Conditionally inoperative as provided in Section 4558.)
  58. 4557.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    Extended compensation may not be paid for a week when the section’s two conditions are met, except for the first two payable weeks covered by subdivision (b).

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4557. (a) Except as provided in subdivision (b), payment of federal-state extended compensation shall not be made to any individual for any week if both of the following apply: (1) Extended compensation would, but for this section, have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan. (2) An extended benefit period is not in effect for such week in such state. (b) Subdivision (a) shall not apply with respect to the first two weeks for which extended compensation is payable as determined without regard to this section, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established with respect to the benefit year. (Added by Stats. 1981, Ch. 10, Sec. 6. Effective March 31, 1981. Conditionally inoperative as provided in Section 4558.)
  59. 4558.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    This section says Sections 4553 to 4557, and the related amendments to Section 4552, are operative only while federal law requires those provisions as a condition of state certification.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 1. Eligibility and Disqualifications [4551 - 4558] ( Article 1 added by Stats. 1970, Ch. 1156. ) ## 4558. Sections 4553 to 4557, inclusive, and the amendments made to Section 4552 by legislation enacted during the 1981 portion of the 1981–82 Regular Session of the Legislature shall be operative only during such time as Section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 requires that state unemployment insurance laws contain such provisions as a condition of certification of state unemployment insurance laws by the Secretary of Labor. (Added by Stats. 1981, Ch. 10, Sec. 7. Effective March 31, 1981.)
  60. 456.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may make reciprocal arrangements with other states or the federal government about unemployment contributions, and may also collect and remit contributions for them.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 2. Administration [301 - 456] ( Chapter 2 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Interstate and Federal Cooperation [451 - 456] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 456. The director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby employer contributions due under this part with respect to wages for employment shall be deemed to have been paid to the Unemployment Fund of this State as of the date payment of such contributions was made under another state or federal unemployment compensation law. No arrangement shall be entered into pursuant to this section unless it contains provisions for such reimbursement to the fund of such contributions and the actual earnings thereon as the director finds will be fair and reasonable to all affected interests. The director may collect contributions in like manner for such agencies of other states and the Federal Government administering unemployment compensation laws and remit such contributions to such agencies under appropriate reciprocal arrangements. (Enacted by Stats. 1953, Ch. 308.)
  61. 4601.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 2. Computation (Amount and Duration) [4601- 4601.] ( Article 2 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    The amount and duration of federal-state extended benefits must be computed according to Section 4004.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 2. Computation (Amount and Duration) [4601- 4601.] ( Article 2 added by Stats. 1970, Ch. 1156. ) ## 4601. The computation of the amount and duration of federal-state extended benefits shall be in accordance with Section 4004. (Added by Stats. 1970, Ch. 1156.)
  62. 4651.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    Claims for federal-state extended benefits must be made under the procedures in this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. ) ## 4651. Claims for federal-state extended benefits shall be made as provided in this article. (Added by Stats. 1970, Ch. 1156.)
  63. 4652.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    A person claiming federal-state extended benefits must file a valid application.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. ) ## 4652. (a) An individual who desires to claim federal-state extended benefits shall file a valid application. An application for federal-state extended benefits shall be valid only if its effective date is within an extended benefit period and his eligibility period and the individual filing it otherwise meets the requirements of Section 4001. For the purpose of determining whether an application is a “valid application” within the meaning of this section, an individual otherwise unemployed shall be deemed unemployed even though wages, as defined in Section 1252, which are for a period subsequent to the termination of performance of services are payable with respect to the week for which he files the application. (Added by Stats. 1970, Ch. 1156.)
  64. 4653.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    A valid application’s effective date is determined the same way as the effective date of a new claim for normal benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. ) ## 4653. The effective date of a valid application shall be determined in the same manner as the effective date of a new claim for normal benefits pursuant to Section 1326. (Added by Stats. 1970, Ch. 1156.)
  65. 4654.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    The department must notify the last employing unit when an application or additional claim is filed, and the notified employing unit must send relevant facts to the department within 10 days, with possible extensions for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. ) ## 4654. The department shall give a notice of the filing of an application or an additional claim to the employing unit by which the individual was last employed immediately preceding the filing of the application or claim unless the additional claim is the result of the filing of a partial claim as defined by the department, there has not been a subsequent employing unit which is designated as the last employer, and there is no separation issue. The employing unit so notified shall submit within 10 days after the mailing of the notice any facts then known which may affect the individual’s eligibility for federal-state extended benefits. The 10-day period may be extended for good cause. If after the 10-day period the employing unit acquires knowledge of facts which may affect the eligibility of the individual and those facts could not reasonably have been known within the period, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may also be extended for good cause. (Amended by Stats. 1985, Ch. 716, Sec. 7.)
  66. 4655.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    The Employment Development Department must review employer-submitted facts, decide whether the individual is eligible for federal-state extended benefits, and promptly notify the individual and any prior participating employer. The individual and that employer may appeal the determination to an administrative law judge within 30 days, with possible extension for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. ) ## 4655. (a) The Employment Development Department shall consider the facts submitted by an employer pursuant to Section 4654 and, if benefits are claimed subsequent to the filing of the federal-state extended benefits claim, make a determination as to the individual’s eligibility for the federal-state extended benefits. The Employment Development Department shall promptly notify the individual and any employer who prior to the determination has submitted any facts pursuant to Section 4654 of the determination and the reasons therefor. The individual and this employer may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The Director of Employment Development shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 39. (SB 191) Effective June 30, 2022.)
  67. 4656.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    After a valid application, the department must promptly compute the extended benefit award, tell the individual the result, and handle any protest or recomputation request.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 3. Filing, Determination, and Payment of Federal-State Extended Benefit Claims [4651 - 4656] ( Article 3 added by Stats. 1970, Ch. 1156. ) ## 4656. (a) Upon the filing of a valid application by an individual, the department shall promptly make a federal-state extended benefit award computation that shall set forth the maximum amount of federal-state extended benefits potentially payable during the extended benefit period, and the weekly benefit amount. The department shall promptly notify the individual of the computation. The individual may, within 30 days after the service of the notice of computation or recomputation, protest its accuracy. The 30-day period may be extended for good cause. The department shall consider this protest and shall promptly notify the individual of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner provided in Section 4655. The director shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 40. (SB 191) Effective June 30, 2022.)
  68. 4701.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 4. Reserve Accounts [4701 - 4702] ( Article 4 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    An eligible employer may submit specified facts to the department within 10 days after notice and can obtain a ruling about the employee’s separation; the department must consider the facts and issue the ruling, and appeal and reconsideration rules apply.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 4. Reserve Accounts [4701 - 4702] ( Article 4 added by Stats. 1970, Ch. 1156. ) ## 4701. (a) (1) An employer that is entitled under Section 4654 to notice of the filing of an application or additional claim and who, within 10 days after mailing of the notice, submits to the department any facts within its possession disclosing whether the individual left the most recent employment with the employer voluntarily and without good cause or was discharged from the employment for misconduct connected with their work, or whether the claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period, or whether the claimant left the employer’s employ to accompany their spouse or domestic partner to a place or to join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available, or whether the claimant’s discharge or quit from their most recent employer was the result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages, or whether the claimant left the employer’s employ to protect their family or themselves from domestic violence abuse, or whether the claimant left the employer’s employ to take a substantially better job, shall be entitled to a ruling as prescribed by this section. The period during which the employer may submit these facts may be extended by the director for good cause. (2) For purposes of this section, “spouse” includes a person to whom marriage is imminent, and “domestic partner” includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. (b) The department shall consider the facts together with any information in its possession. If the employer is entitled to a determination pursuant to Section 4655, the department shall promptly issue to the employer its ruling as to the cause of the termination of the individual’s most recent employment. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to an appeal. The department may for good cause reconsider a ruling or reconsidered ruling within either five days after the date an appeal to an administrative law judge is filed or, if no appeal is filed, within 30 days after service of notice of the ruling or reconsidered ruling, except that a ruling or reconsidered ruling that relates to a determination that is reconsidered pursuant to subdivision (a) of Section 1332 may also be reconsidered by the department within the time provided for reconsideration of that determination. (c) For purposes of this section only, if the claimant voluntarily leaves the employer’s employ without notification to the employer of the reasons therefor, and if the employer submits all of the facts within its possession concerning the leaving within the applicable time period referred to in this section, the leaving shall be presumed to be without good cause. (d) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party shall not be deemed to have voluntarily left their employment without good cause. (e) Rulings under this section shall have the effect prescribed by Section 1032. (f) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 41. (SB 191) Effective June 30, 2022.)
  69. 4702.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 4. Reserve Accounts [4701 - 4702] ( Article 4 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    Extended benefits are charged to an employer’s reserve account, with an exception for listed sections, and if the worker had multiple employers the charge is split among those employers by wage share.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 4. Reserve Accounts [4701 - 4702] ( Article 4 added by Stats. 1970, Ch. 1156. ) ## 4702. Federal-state extended benefits, to the extent that these extended benefits are not reimbursed or reimbursable by the federal government to the State of California, shall be charged except as provided by Section 1032, 1032.5, 1034, 1036, 1335, 1338, or 1380, against the reserve account of the individual’s employer during his or her base period. If the individual performed services in employment for more than one employer during his or her base period, unemployment compensation benefits paid to him or her shall be charged against the respective reserve accounts of such employers in the proportion that the total wages paid to the individual in employment for each employer bears to the total wages paid to the individual in employment for all employers during the base period. (Amended by Stats. 1983, Ch. 1169, Sec. 9.)
  70. 4751.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 5. Overpayments [4751- 4751.] ( Article 5 added by Stats. 1970, Ch. 1156. )

    Verify source ↗

    The Employment Development Department must serve notice of certain overpayments within one year after the relevant benefit period ends, unless there was fraud, misrepresentation, or willful nondisclosure. The Director of Employment Development may also offset certain overpayments against other benefits, subject to stated time periods.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 4. FEDERAL-STATE EXTENDED COMPENSATION [4001 - 4751] ( Part 4 added by Stats. 1970, Ch. 1156. ) ## CHAPTER 2. Federal-State Extended Benefits [4551 - 4751] ( Chapter 2 added by Stats. 1970, Ch. 1156. ) ## ARTICLE 5. Overpayments [4751- 4751.] ( Article 5 added by Stats. 1970, Ch. 1156. ) ## 4751. The provisions of Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of this division are modified in the following respects: (a) In the absence of fraud, misrepresentation, or willful nondisclosure, the notice of overpayment of federal-state extended benefits shall be served by the Employment Development Department not later than one year after the close of the extended benefit period in which the overpayment was made. (b) The Director of Employment Development may offset an overpayment of extended duration benefits, or federal-state extended benefits, or unemployment compensation benefits against any of such three types of benefits or against disability benefits to which the liable person may become entitled under this division. The Director of Employment Development may offset the amount of any such overpayments within any of the periods prescribed by subdivision (b) of Section 1379, and further within the current extended duration period or current extended benefit period or any extended benefit period or extended duration period which begins during the three-year period next succeeding the date of the service of such notice of overpayment. (Amended by Stats. 2022, Ch. 67, Sec. 42. (SB 191) Effective June 30, 2022.)
  71. 4900.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. )

    Verify source ↗

    This section defines “Department” as the Employment Development Department and “Director” as the Director of Employment Development.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. ) ## 4900. As used in this division: (a) “Department” means the Employment Development Department. (b) “Director” means the Director of Employment Development. (Added by Stats. 1986, Ch. 799, Sec. 3. Effective September 15, 1986.)
  72. 4901.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. )

    Verify source ↗

    The director must prepare a biennial report to the Legislature about the department’s automation plans.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. ) ## 4901. The director shall prepare a biennial report to the Legislature, on or before February 1, 1994, and on or before February 1 of each even-numbered year thereafter, on the department’s automation plans, including any recommendation on improvements for the purpose of consideration by both policy and fiscal committees of the Legislature. (Amended by Stats. 1992, Ch. 713, Sec. 28. Effective September 15, 1992.)
  73. 4902.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. )

    Verify source ↗

    A required report must be sent to specified legislative and executive recipients by February 1 of each even-numbered year, and it must include strategic and tactical information technology planning content.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. ) ## 4902. The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following: (a) Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the department’s strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the department’s information vision, its information management principles, and long-term goals and strategies for achieving its information vision. (b) Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for. (c) Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology. (Amended by Stats. 2015, Ch. 224, Sec. 5. (AB 1514) Effective January 1, 2016.)
  74. 4903.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. )

    Verify source ↗

    The director must submit the report to the California Department of Technology 30 days before release, and the department must review and comment on it.

    ## Unemployment Insurance Code - UIC ## DIVISION 1.5. AUTOMATION OF THE EMPLOYMENT DEVELOPMENT DEPARTMENT [4900 - 4903] ( Division 1.5 added by Stats. 1986, Ch. 799, Sec. 3. ) ## CHAPTER 1. Annual Reports [4900 - 4903] ( Chapter 1 added by Stats. 1986, Ch. 799, Sec. 3. ) ## 4903. (a) Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report. (b) When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether: (1) The requirements for the report have been met. (2) The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology. (3) The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans. (Amended by Stats. 2015, Ch. 224, Sec. 6. (AB 1514) Effective January 1, 2016.)
  75. 5.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Headings in this code section do not change the scope, meaning, or intent of its provisions.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 5. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1953, Ch. 308.)
  76. 6.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A deputy or authorized person may carry out a granted power or imposed duty unless the code says only the original person or board may do it.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 6. Whenever a power is granted to, or a duty imposed on any person or board by any provision of this code, it may be exercised or performed by any deputy or person authorized by the person or board to whom the power is granted or on whom the duty is imposed, unless it is expressly provided that the power or duty shall be exercised or performed only by the person or board to whom the power is granted or on whom the duty is imposed. (Enacted by Stats. 1953, Ch. 308.)
  77. 601.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employment” is defined as service performed by an employee for wages or under a contract of hire, including interstate commerce service.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 601. “Employment” means service, including service in interstate commerce, performed by an employee for wages or under any contract of hire, written or oral, express or implied. (Amended by Stats. 1971, Ch. 1107.)
  78. 601.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For this division, “employment” includes certain artistic or literary services in the motion picture, radio, or television industry when performed under a collective bargaining agreement and the employer controls the work.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 601.5. For the purpose of this division only, “employment” includes any service in an artistic or literary capacity performed by an individual pursuant to a collective bargaining agreement between an employer and a labor organization in the motion picture, radio or television industry where the employer has the right to control and direct the services to be performed and the individual is defined as an employee under the terms of the collective bargaining agreement. (Added by Stats. 1965, Ch. 1786.)
  79. 602.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines when service counts as “employment” for unemployment insurance coverage.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 602. “Employment” includes an individual’s entire service, performed within, or both within and without, the state if one of the following is met: (a) The service is localized in the state. (b) The service is not localized in any state, but some of the service is performed in the state and one of the following is met: (1) The base of operations, or, if there is no base of operations, then the place from which that service is directed or controlled is in the state. (2) The base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual’s residence is in the state. (c) For the purposes of subdivision (b), employment of an individual who is a motion picture production worker, as defined in paragraph (6) of subdivision (f) of Section 679, includes the individual’s entire service if their residence is in the state. (Amended by Stats. 2019, Ch. 246, Sec. 2. (SB 271) Effective January 1, 2020.)
  80. 603.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Service counts as localized within a state if it is performed entirely in the state, or if out-of-state work is only incidental to the in-state service.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 603. Service is localized within a state if either of the following apply: (a) The service is performed entirely within the state. (b) (1) The service is performed both within and without the state, but the service performed without the state is incidental to the individual’s service within the state; for example, is temporary or transitory in nature, or consists of isolated transactions. (2) For purposes of this subdivision, the service outside the state of an individual who is a motion picture production worker, as defined in paragraph (6) of subdivision (f) of Section 679, is temporary or transitory if all of the following are met: (A) The worker is a resident of the state. (B) The worker is hired and dispatched from the state. (C) The worker intends to return to the state to seek reemployment at the conclusion of the assignment outside the state. (Amended by Stats. 2019, Ch. 246, Sec. 3. (SB 271) Effective January 1, 2020.)
  81. 603.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employment” includes an individual’s entire service if it is directed or controlled from this state and is not covered by another state’s or Canada’s unemployment compensation law.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 603.5. “Employment” includes an individual’s entire service, wherever performed within the United States or Canada, if such service is not covered under the unemployment compensation law of any other state or Canada, and the place from which the service is directed or controlled is in this state. (Amended by Stats. 1978, Ch. 2.)
  82. 604.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employment” includes an individual’s entire service when it is treated as performed in this state under an arrangement made under this division, but not service treated as performed in another state.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 604. “Employment” includes an individual’s entire service, if such service is deemed performed in this State by virtue of an arrangement made pursuant to this division and does not include any service which by virtue of such an arrangement is deemed performed in another state. (Enacted by Stats. 1953, Ch. 308.)
  83. 605.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines certain service for public entities and Indian tribes as “employment” under the unemployment code, unless Section 634.5 applies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 605. (a) Except as provided by Section 634.5, “employment” for the purposes of this part and Parts 3 (commencing with Section 3501) and 4 (commencing with Section 4001) includes all service performed by an individual (including blind and otherwise disabled individuals) for any public entity or Indian tribe, if the service is excluded from “employment” under the Federal Unemployment Tax Act solely by reason of Section 3306(c)(7) of Title 26 of the United States Code. (b) For purposes of this section, both of the following definitions apply: (1) “Public entity” means the State of California (including the Trustees of the California State University and Colleges, and the California Industries for the Blind), an instrumentality of this state (including the Regents of the University of California), a political subdivision of this state or any of its instrumentalities, a county, city, district (including the governing board of a school district or community college district, a county board of education, a county superintendent of schools, or a personnel commission of a school district or community college district that has a merit system pursuant to the Education Code), entities conducting fairs as identified in Sections 3101 to 3104, inclusive, of the Food and Agricultural Code, a public authority, public agency, or public corporation of this state, an instrumentality of more than one of the foregoing, and an instrumentality of any of the foregoing and one or more other states or political subdivisions. (2) “Indian tribe” means an Indian tribe described by Section 3306(u) of Title 26 of the United States Code. (Amended by Stats. 2024, Ch. 559, Sec. 81. (AB 2143) Effective January 1, 2025.)
  84. 606.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A person who works for or helps with the work of an employee of an employing unit is treated as employed by that employing unit for this division if the unit knew, actually or constructively, about the work.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 606. Each individual employed to perform or to assist in performing the work of any individual employed by an employing unit shall be deemed to be employed by that employing unit for all the purposes of this division, whether or not he was hired or paid directly by the employing unit if the employing unit had actual or constructive knowledge of the work. (Enacted by Stats. 1953, Ch. 308.)
  85. 606.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    This section explains who counts as the employer for certain workers supplied by temporary services or leasing employers, and how employer status changes in employee-loan situations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 606.5. (a) Whether an individual or entity is the employer of specific employees shall be determined pursuant to subdivision (b) of Section 621, except as provided in subdivisions (b) and (c). (b) As used in this section, a “temporary services employer” and a “leasing employer” is an employing unit that contracts with clients or customers to supply workers to perform services for the client or customer and performs all of the following functions: (1) Negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality, and price of the services. (2) Determines assignments or reassignments of workers, even though workers retain the right to refuse specific assignments. (3) Retains the authority to assign or reassign a worker to other clients or customers when a worker is determined unacceptable by a specific client or customer. (4) Assigns or reassigns the worker to perform services for a client or customer. (5) Sets the rate of pay of the worker, whether or not through negotiation. (6) Pays the worker from its own account or accounts. (7) Retains the right to hire and terminate workers. (c) If an individual or entity contracts to supply an employee to perform services for a customer or client, and is a leasing employer or a temporary services employer, the individual or entity is the employer of the employee who performs the services. If an individual or entity contracts to supply an employee to perform services for a client or customer and is not a leasing employer or a temporary services employer, the client or customer is the employer of the employee who performs the services. An individual or entity that contracts to supply an employee to perform services for a customer or client and pays wages to the employee for the services, but is not a leasing employer or a temporary services employer, pays the wages as the agent of the employer. (d) In circumstances which are in essence the loan of an employee from one employer to another employer wherein direction and control of the manner and means of performing the services changes to the employer to whom the employee is loaned, the loaning employer shall continue to be the employer of the employee if the loaning employer continues to pay remuneration to the employee, whether or not reimbursed by the other employer. If the employer to whom the employee is loaned pays remuneration to the employee for the services performed, that employer shall be considered the employer for the purposes of any remuneration paid to the employee by the employer, regardless of whether the loaning employer also pays remuneration to the employee. (Amended by Stats. 2019, Ch. 296, Sec. 4. (AB 5) Effective January 1, 2020.)
  86. 607.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    This section says employee services are treated as employment for a pay period when half or more of the period’s services are employment; if more than half are not employment, none of the services for that period are treated as employment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 607. If the services performed during one-half or more of any pay period by an employee for the person employing him constitute employment, all the services of the employee for that period shall be deemed to be employment; but if the services performed during more than one-half of any pay period by an employee for the person employing him do not constitute employment, then none of the services of the employee for that period shall be deemed to be employment. As used in this section “pay period” means a period of not more than 31 consecutive days for which a payment of remuneration is ordinarily made to the employee by the person employing him. (Enacted by Stats. 1953, Ch. 308.)
  87. 608.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says certain nonprofit-related services count as “employment,” except as provided by Section 634.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 608. “Employment”, except as provided by Section 634.5, includes service excluded from “employment” under the Federal Unemployment Tax Act solely by reason of paragraph (8) of Section 3306(c) of that act because it is service performed in the employ of a religious, charitable, educational, or other nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code of 1954 which is exempt from income tax under Section 501(a) of that code. (Added by Stats. 1971, Ch. 1107.)
  88. 609.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section expands “employment” to cover certain services on American vessels or aircraft when the employing unit has a California operating office and the services are covered under federal unemployment tax law.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 609. (a) “Employment” includes service performed for an employing unit on or in connection with an American vessel operating on navigable waters within or within and without the United States or on or in connection with an American aircraft operating within or within and without the United States, if the employing unit maintains in this state an operating office from which the operations of the American vessel or American aircraft are ordinarily and regularly supervised, managed, directed, and controlled, and such services are included in “employment” under the Federal Unemployment Tax Act. (b) All of the provisions of this division shall be applicable to an employing unit and to service performed in “employment” under this section in the same manner and to the same extent as to all other employers, and the wage credits given to, and the payment of benefits to, any employee of an employing unit under this section shall be in the same amount, on the same terms, and subject to the same conditions as applied to employees of other employers under this division. (Added by Stats. 1971, Ch. 1107.)
  89. 610.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section expands the definition of “employment” to cover certain U.S. citizens’ service performed outside the United States (except Canada) for an American employer, if the listed location, organization, or coverage conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 610. “Employment” shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada), after December 31, 1971, in the employ of an American employer as defined in Section 125.4 other than service that is deemed “employment” under Section 602 or 603 or the equivalent provisions of another state’s unemployment compensation law, if: (a) The employer’s principal place of business in the United States is located in this state; or (b) The employer has no place of business in the United States, but: (1) The employer is an individual who is a resident of this state; or (2) The employer is a corporation or limited liability company that is organized under the laws of this state; or (3) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or (c) None of the criteria of subdivisions (a) and (b) of this section is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under this division. (Amended by Stats. 1994, Ch. 1200, Sec. 81. Effective September 30, 1994.)
  90. 611.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employment” includes agricultural labor.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Employment [601 - 611] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 611. “Employment” includes agricultural labor. (Added by Stats. 1975, Ch. 591.)
  91. 621.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    This section defines who counts as an “employee” for this code section.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. ) ## 621. “Employee” means all of the following: (a) Any officer of a corporation. (b) Any individual providing labor or services for remuneration has the status of an employee rather than an independent contractor unless the hiring entity demonstrates all of the following conditions: (1) The individual is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (2) The individual performs work that is outside the usual course of the hiring entity’s business. (3) The individual is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. (c) (1) Any individual, other than an individual who is an employee under subdivision (a) or (b), who performs services for remuneration for any employing unit if the contract of service contemplates that substantially all of those services are to be performed personally by that individual either: (A) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or drycleaning services, for their principal. (B) As a traveling or city salesperson, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, their principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations. (C) As a home worker performing work, according to specifications furnished by the person for whom the services are performed, on materials or goods furnished by that person that are required to be returned to that person or a designee thereof. (2) An individual shall not be included in the term “employee” under the provisions of this subdivision if that individual has a substantial investment in facilities used in connection with the performance of those services, other than in facilities for transportation, or if the services are in the nature of a single transaction not part of a continuing relationship with the employing unit for whom the services are performed. (d) Any individual who is an employee pursuant to Section 601.5 or 686. (e) Any individual whose services are in subject employment pursuant to an election for coverage under any provision of Article 4 (commencing with Section 701) of this chapter. (f) Any member of a limited liability company that is treated as a corporation for federal income tax purposes. (Amended by Stats. 2019, Ch. 296, Sec. 5. (AB 5) Effective January 1, 2020.)
  92. 621.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    This section expands the meaning of “employee” to include certain workers tied to state-licensed or license-required contractors.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. ) ## 621.5. (a) “Employee” also means any individual who is an employee, pursuant to Section 2750.5 of the Labor Code, of a person who holds a valid state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (b) When subdivision (a) does not apply, “employee” shall also mean any individual who is an employee, pursuant to Section 2750.5 of the Labor Code, of a person who is required to obtain a valid state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (Amended by Stats. 1990, Ch. 719, Sec. 1.)
  93. 622.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    An employee does not include a corporate or association director when that person is performing services in the capacity of a director.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. ) ## 622. (a) “Employee” does not include a director of a corporation or association performing services in his or her capacity as a director. This section shall not apply to service included in “employment” pursuant to Sections 605, 608, 709, and 710. (b) “Services in his or her capacity as a director” includes either: (1) Presence at meetings of the board of directors, even though no further service is performed at the meeting. (2) Services customarily performed by directors in attending meetings of the board of directors such as prescribing, regulating, and guiding the policies and administration of the corporation or association. (c) “Services in his or her capacity as a director” does not include services performed by a director in addition to, or other than those described in subdivision (b) of this section. For example, services performed as an officer of the corporation or association, or as a member of a committee which executes the policies and administrative decisions adopted by the board of directors such as advisory, appraisal, auditing, credit, examining, executive, loan or similar committees are not “services in his or her capacity as a director”. (Amended by Stats. 1978, Ch. 2.)
  94. 623.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    For this section, an “employee” does not include a member of an LLC that is treated as a partnership for federal income tax purposes.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. Employee [621 - 623] ( Article 1.5 added by Stats. 1971, Ch. 1107. ) ## 623. “Employee” does not include any member of a limited liability company that is treated as a partnership for federal income tax purposes. (Added by Stats. 2010, Ch. 522, Sec. 2. (SB 1244) Effective January 1, 2011.)
  95. 629.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says domestic service in a private home is generally not “employment,” but it becomes covered in some cases, including when certain remuneration thresholds are met or when an employment agency relationship meets the listed conditions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 629. (a) “Employment” does not include domestic service in a private home, except that “employment” includes domestic service in a private home if performed for an employing unit or a person who paid in cash remuneration of one thousand dollars ($1,000) or more to individuals employed in the domestic service in any calendar quarter in the calendar year or the preceding calendar year. (b) For purposes of subdivision (a), “employment” does not include work performed by a domestic worker for whom an employment agency, as defined in paragraph (3) of subdivision (a) or subdivision (h) of Section 1812.501 of the Civil Code, procures, offers, refers, provides, or attempts to provide domestic work in a private home, if all of the factors set forth in Section 687.2 characterize the nature of the relationship between the employment agency and the domestic worker for whom the agency procures, offers, refers, provides, or attempts to provide domestic work. (Amended by Stats. 1993, Ch. 1275, Sec. 2. Effective January 1, 1994.)
  96. 630.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain deposition, court, and hearing transcription work from “employment” when performed away from the obligor’s office.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 630. Notwithstanding subparagraph (C) of paragraph (1) of subdivision (c) of Section 621 or Section 13004, “employment” does not include service as a transcriber of depositions, court proceedings, and hearings performed away from the office of the person, firm, or association obligated to produce a transcript of these proceedings. (Added by Stats. 1984, Ch. 371, Sec. 1.)
  97. 631.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says certain family employment is not counted as “employment” for unemployment insurance coverage, unless the employer and employee elect to make contributions under Section 702.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 631. “Employment” does not include service performed by a child under the age of 18 years in the employ of his father or mother, or service performed by an individual in the employ of his son, daughter, or spouse, except to the extent that the employer and the employee have, pursuant to Section 702.5, elected to make contributions to the Unemployment Compensation Disability Fund. (Amended by Stats. 1972, Ch. 579.)
  98. 632.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain government service from “employment,” but can bring U.S. instrumentalities under the division if Congress allows it. It also requires refunding certain payments if the state is not certified by the Secretary of Labor for a year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 632. “Employment” does not include service performed in the employ of any other state or its political subdivisions or in the employ of the United States government or of any instrumentality of the United States, but if Congress permits the states to require any instrumentalities of the United States to make payments into a fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by Congress, all of the provisions of this division shall be applicable to the instrumentalities and to services performed for the instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals, and services. If this state is not certified by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1986 for any year, then the payments required of the instrumentalities and their workers with respect to the year shall be refunded from the Unemployment Fund without interest. (Amended by Stats. 1989, Ch. 1010, Sec. 2.)
  99. 633.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain intermittent or adjunct instructors from the definition of employment for unemployment coverage, if specified contract conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 633. (a) For purposes of coverage under Part 2 (commencing with Section 2601) of Division 1, “employment” does not include services performed as an intermittent or adjunct instructor at a postsecondary educational institution which meets the requirements of Article 8 (commencing with Section 94900) of Chapter 7 of Part 59 of the Education Code if the intermittent or adjunct instructor and the employing unit enter a written contract with the following provisions: (1) That any federal or state income tax liability shall be the responsibility of the party providing the services. (2) That no disability insurance coverage is provided under the contract. (3) That the party performing the services certifies that he or she is doing so as a secondary occupation or as a supplemental source of income. (b) This section shall not apply to services performed under a collective bargaining agreement. (c) This section shall become operative on January 1, 1997. (Amended by Stats. 2002, Ch. 29, Sec. 7. Effective January 1, 2003.)
  100. 633.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For coverage under Part 2, certain services performed by incarcerated persons and wards are excluded from “employment.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 633.1. For purposes of coverage under Part 2 (commencing with Section 2601), “employment” shall not include: (a) Services performed for any public entity, nonprofit or for profit entity, organization, or business by an inmate of a state prison under the jurisdiction of the Department of Corrections, by an individual who is otherwise in the custody of the Department of Corrections, or by an individual who is otherwise incarcerated in any of the institutions set forth in Section 2680. (b) Services performed for any public entity, nonprofit or for profit entity, organization, or business by a ward in the custody of the Department of the Youth Authority. (Added by Stats. 1993, Ch. 318, Sec. 1. Effective January 1, 1994.)
  101. 634.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section limits when services are counted as “employment” for certain entities and nonprofits, and lists multiple excluded service categories.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 634.5. Notwithstanding any other provision of law, a provision excluding service from “employment” does not apply to an entity defined by Section 605 or to a nonprofit organization described by Section 608, except as provided by this section. With respect to an entity defined by Section 605 or a nonprofit organization described by Section 608, “employment” does not include service excluded under Sections 629, 631, 635, and 639 to 648, inclusive, or service performed in any of the following: (a) In the employ of either of the following: (1) A church or convention or association of churches. (2) An organization that is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches. (b) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by the order. (c) In the employ of an entity defined by Section 605, if the service is performed by an individual in the exercise of his or her duties as any of the following: (1) An elected official. (2) A member of a legislative body or a member of the judiciary of a state or a political subdivision of a state. (3) A member of the tribal council of an Indian tribe as described by Section 3306(u) of Title 26 of the United States Code. (4) A member of a State National Guard or Air National Guard. (5) An employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency. (6) An employee in a position that, under or pursuant to state or tribal law, is designated as either of the following: (A) A major nontenured policymaking or advisory position. (B) A policymaking or advisory position, the performance of the duties of which ordinarily does not require more than eight hours per week. (7) (A) Except as otherwise provided in subparagraph (B), an election official or election worker if the amount of remuneration reasonably expected to be received by the individual during the calendar year for services as an election official or election worker is less than one thousand dollars ($1,000). (B) This paragraph shall not take effect unless and until the service is excluded from service to which Section 3309(a)(1) of Title 26 of the United States Code applies by reason of exemption under Section 3309(b) of that act. (d) By an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of either: (1) Rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury. (2) Providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. (e) By an individual receiving work relief or work training as part of an unemployment work relief or work training program assisted or financed in whole or in part by any of the following: (1) A federal agency. (2) An agency of a state or a political subdivision thereof. (3) An Indian tribe, as described by Section 3306(u) of Title 26 of the United States Code. (f) By a ward or an inmate of a custodial or penal institution pursuant to Article 1 (commencing with Section 2700), Article 4 (commencing with Section 2760), and Article 5 (commencing with Section 2780) of Chapter 5 of, and Article 1 (commencing with Section 2800) of Chapter 6 of, Title 1 of Part 3 of the Penal Code, Section 4649 and Chapter 1 (commencing with Section 4951) of Part 4 of Division 4 of the Public Resources Code, and Sections 883, 884, and 1768 of the Welfare and Institutions Code. (g) By an individual under the age of 18 years in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. (h) By an individual in the sale of newspapers or magazines to ultimate consumers, under an arrangement that includes the following conditions: (1) The newspapers or magazines are to be sold by the individual at a fixed price. (2) The individual’s compensation is based on retention of the excess of the price over the amount at which the newspapers or magazines are charged to the individual, whether or not he or she is guaranteed a minimum amount of compensation for the service or is entitled to be credited with the unsold newspapers or magazines that he or she returns. (i) (1) Except as otherwise provided in paragraph (2), as a substitute employee whose employment does not increase the size of the employer’s normal workforce, whose employment is required by law, and whose employment as a substitute employee does not occur on more than 60 days during the base period. (2) This subdivision shall not take effect unless and until the United States Secretary of Labor, or his or her designee, finds that this subdivision is in conformity with federal requirements. (j) As a participant in a national service program carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (Amended by Stats. 2015, Ch. 303, Sec. 510. (AB 731) Effective January 1, 2016.)
  102. 635.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employment” does not include service under a U.S. unemployment compensation system.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 635. “Employment” does not include service under any unemployment compensation system established by a law of the United States. (Enacted by Stats. 1953, Ch. 308.)
  103. 636.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Services performed for a candidate for public office or a committee are not treated as “employment” when they are connected with an election campaign.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 636. “Employment” does not include services performed in the employ of either a candidate for public office or a committee as defined in Section 82013 of the Government Code, where such services are performed in connection with an election campaign. (Amended by Stats. 1976, Ch. 1079.)
  104. 637.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some corporate officers and directors are excluded from the definition of “employment” if the listed ownership and tax conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 637. “Employment” does not include service performed by any of the following: (a) The officers and director of a corporation who are the sole shareholders of the corporation and it is not subject to the Federal Unemployment Tax Act. (b) The officers and director of a corporation engaged in agriculture who are shareholders of the corporation and it is not subject to the Federal Unemployment Tax Act. (c) An officer of a corporation who is the sole shareholder, or the only shareholder other than his or her spouse, and the service is not subject to the Federal Unemployment Tax Act. (Amended by Stats. 1989, Ch. 798, Sec. 1. Effective September 26, 1989.)
  105. 637.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain qualifying shareholder-employees in a private corporation may file a statement to opt out of disability insurance coverage under this division.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 637.1. In a private corporation, any individual who is included within the meaning of “employee” pursuant to subdivision (a) of Section 621 and who is the sole shareholder, or the only shareholder other than his or her spouse, may file a statement electing to be excluded from disability insurance coverage for benefits and contributions under this division. The election shall be effective on the first day of the calendar quarter in which the statement is filed. The election shall be effective during the remainder, if any, of the calendar year in which the statement is filed and not less than the two succeeding complete calendar years, and in all subsequent calendar quarters while the statement is in effect. (Added by Stats. 1989, Ch. 798, Sec. 2. Effective September 26, 1989.)
  106. 638.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says Sections 639 to 648 operate only while the same kinds of services are also excluded from “employment” under the Federal Unemployment Tax Act.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 638. Sections 639 to 648, inclusive, shall be operative only during such time as the respective type or types of service set forth in those sections are similarly excluded from the definition of “employment,” in the Federal Unemployment Tax Act. (Amended by Stats. 1971, Ch. 1107.)
  107. 639.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain domestic service from “employment,” but brings it back in if the club, chapter, or person paid at least $1,000 in cash remuneration in a calendar quarter during the current or previous calendar year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 639. “Employment” does not include domestic service in a local college club, or local chapter of a college fraternity or sorority, except that “employment” includes domestic service in a local college club, or local chapter of a college fraternity or sorority if performed for a club, chapter, or person who paid in cash remuneration of one thousand dollars ($1,000) or more to individuals employed in such domestic service in any calendar quarter in the calendar year or the preceding calendar year. (Amended by Stats. 1978, Ch. 2. Provisions operative as prescribed in Section 638.)
  108. 640.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some services are excluded from “employment” unless the pay is at least $50 and the worker is regularly employed for that service.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 640. “Employment” does not include service not in the course of the employing unit’s trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is fifty dollars ($50) or more and such service is performed by an individual who is regularly employed by such employing unit to perform such service. For the purposes of this subdivision, an individual shall be deemed to be regularly employed by an employing unit during a calendar quarter only if on each of some 24 days during that quarter or the preceding calendar quarter such individual performs for such employing unit for some portion of the day service not in the course of the employing unit’s trade or business. (Enacted by Stats. 1953, Ch. 308. Provisions operative as prescribed in Section 638.)
  109. 641.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain service is not counted as “employment” if it is performed for a qualifying tax-exempt organization and the pay for that service is under $50.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 641. “Employment” does not include service performed in any calendar quarter in the employ of any organization exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1954, as amended (other than an organization described in Section 401(a) of that code), or under Section 521 of the Internal Revenue Code of 1954, as amended, if the remuneration for such service is less than fifty dollars ($50). (Amended by Stats. 1971, Ch. 1107. Provisions operative as prescribed in Section 638.)
  110. 642.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain service for a school, college, or university is not counted as “employment” if it is done by a qualifying student or the student’s spouse under the stated conditions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 642. “Employment” does not include service performed in the employ of a school, college, or university, if such service is performed: (a) By a student who is enrolled and is regularly attending classes at such school, college, or university, or (b) By the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that: (1) The employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and (2) Such employment will not be covered by any program of unemployment insurance or disability compensation. (Amended by Stats. 1971, Ch. 1107. Provisions operative as prescribed in Section 638.)
  111. 642.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employment does not include certain services performed by a full-time student working for an organized camp.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 642.1. (a) “Employment” does not include service performed by a full-time student employed by an organized camp, as defined in Section 18897 of the Health and Safety Code and Section 3306(c)(20) of Title 26 of the United States Code. (b) “Full-time student” for purposes of this section means either of the following: (1) The individual is enrolled as a full-time student of an educational institution. (2) The individual is between academic years or terms under both of the following criteria: (A) The individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term. (B) There is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term after the period described in subparagraph (A). (c) For purposes of determining whether an individual is a full-time student under this section the construction given to the corresponding definition of “full-time student” contained in Section 3306(q) of Title 26 of the United States Code shall apply. (Added by Stats. 1987, Ch. 545, Sec. 1. See operational condition in Section 638.)
  112. 643.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Service performed for a foreign government is not counted as “employment” under this section.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 643. “Employment” does not include service performed in the employ of a foreign government (including service as a consular or other officer or employee or a nondiplomatic representative). (Added by renumbering Section 646 by Stats. 1961, Ch. 2156. Provisions operative as prescribed in Section 638.)
  113. 644.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employment does not include certain service for a foreign-government-owned instrumentality if specified similarity and certification conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 644. “Employment” does not include service performed in the employ of an instrumentality wholly owned by a foreign government: (a) If the service is of a character similar to that performed in foreign countries by employees of the United States Government or of an instrumentality thereof; and (b) If the Secretary of State shall certify to the Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States Government and of instrumentalities thereof. (Added by renumbering Section 647 by Stats. 1961, Ch. 2156. Provisions operative as prescribed in Section 638.)
  114. 644.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Services performed for an international organization are not counted as “employment” under this section.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 644.5. “Employment” does not include services performed in the employ of an international organization. (Added by Stats. 1973, Ch. 494. See operational condition in Section 638.)
  115. 645.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain student nurse and intern services from the definition of “employment.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 645. “Employment” does not include service performed as a student nurse in the employ of a hospital or a nurses’ training school by an individual who is enrolled and is regularly attending classes in a nurses’ training school chartered or approved pursuant to state law; and service performed as an intern in the employ of a hospital by an individual who has completed a four years’ course in a medical school chartered or approved pursuant to state law. (Added by renumbering Section 648 by Stats. 1961, Ch. 2156. Provisions operative as prescribed in Section 638.)
  116. 646.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain student work from the definition of “employment.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 646. “Employment” does not include service performed by an individual under the age of 22 who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this section shall not apply to service performed in a program established for or on behalf of an employer or group of employers. (Added by Stats. 1971, Ch. 1107. Provisions operative as prescribed in Section 638.)
  117. 647.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For unemployment insurance coverage, “employment” does not include hospital work performed by a patient of that hospital.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 647. “Employment” does not include service performed in the employ of a hospital, if such service is performed by a patient of such hospital. (Added by Stats. 1971, Ch. 1107. Provisions operative as prescribed in Section 638.)
  118. 648.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For unemployment insurance coverage, “employment” does not include certain work on non-American vessels or aircraft when the employee is working on them outside the United States.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 648. “Employment” does not include service performed on or in connection with a vessel or aircraft not an American vessel or an American aircraft, if the employee is employed on and in connection with such vessel or aircraft when outside the United States. (Added by Stats. 1971, Ch. 1107. Provisions operative as prescribed in Section 638.)
  119. 649.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says certain newspaper and magazine delivery or sales work is not covered as “employment.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 649. “Employment” does not include service performed by an individual if: (a) Such service is performed by an individual under the age of 18 in the delivery or distribution of newspapers, shopping news, or magazines, not including delivery or distribution to any point for subsequent delivery or distribution, unless such service is performed by an individual under the age of 18 whose principal occupation is regular full-time work and whose attendance at school is incidental to full-time employment. (b) Such service is performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are to be sold by him at a fixed price, his compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to him whether or not he is guaranteed a minimum amount of compensation for such service, or is entitled to be credited with the unsold newspapers or magazines turned back. (Amended by Stats. 1953, Ch. 528.)
  120. 650.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain broker and direct-sales services are excluded from the definition of “employment” if specified licensing, payment, and written-contract conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 650. “Employment” does not include services performed as a real estate, mineral, oil and gas, or cemetery broker or as a real estate, cemetery or direct sales salesperson, or a yacht broker or salesman, by an individual if all of the following conditions are met: (a) The individual is licensed under the provisions of Chapter 19 (commencing with Section 9600) of Division 3 of, or Part 1 (commencing with Section 10000) of Division 4 of, the Business and Professions Code, Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the Harbors and Navigation Code, or is engaged in the trade or business of primarily inperson demonstration and sales presentation of consumer products, including services or other intangibles, in the home or sales to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis, for resale by the buyer or any other person in the home or otherwise than from a retail or wholesale establishment. (b) Substantially all of the remuneration (whether or not paid in cash) for the services performed by that individual is directly related to sales or other output (including the performance of services) rather than to the number of hours worked by that individual. (c) The services performed by the individual are performed pursuant to a written contract between that individual and the person for whom the services are performed and the contract provides that the individual will not be treated as an employee with respect to those services for state tax purposes. (Amended by Stats. 1998, Ch. 475, Sec. 6. Effective January 1, 1999.)
  121. 651.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Services done by an individual as a golf caddy, including carrying a golfer’s clubs, are not treated as “employment” under this section.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 651. “Employment” does not include services performed by an individual as a golf caddy in caddying or carrying a golf player’s clubs. (Amended by Stats. 1957, Ch. 595.)
  122. 652.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says certain service is not counted as “employment” if it is performed by an elected or appointed official for a nonprofit fraternal corporation or association not subject to the Federal Unemployment Tax Act, and the pay does not exceed $100 a month.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 652. “Employment” does not include service performed as an elected or appointed official in any calendar quarter in the employ of any nonprofit fraternal corporation or association which is not subject to the Federal Unemployment Tax Act if the remuneration for such service does not exceed one hundred dollars ($100) a month. The provisions of this section shall be applicable with retrospective effect. (Amended by Stats. 1961, Ch. 2164.)
  123. 653.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section excludes certain baseball-club services from the definition of “employment.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 653. “Employment” does not include services performed in the employ of a baseball club pursuant to a contract or agreement under which the baseball player agrees to perform for expenses and a share of the profits of the club, rather than for a fixed salary. (Added by Stats. 1955, Ch. 1864.)
  124. 654.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employment” does not include services performed by a regularly licensed free-lance jockey or exercise boy.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 654. “Employment” does not include service performed by a free-lance jockey or exercise boy who is regularly licensed by the California Horse Racing Board. (Added by Stats. 1957, Ch. 620.)
  125. 655.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employment does not include certain services performed by a qualifying professional athlete coming to California for occasional or incidental professional engagements.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 655. “Employment” does not include services performed by a professional athlete who is neither a citizen of nor a resident of the United States or any state when he comes to the State of California for occasional or incidental professional engagements. (Added by Stats. 1959, Ch. 746.)
  126. 656.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section says certain professional services are not treated as “employment” if they are performed by a consultant working as an independent contractor.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 656. “Employment” does not include professional services performed by a consultant working as an independent contractor. For the purpose of this section, there shall be a rebuttable presumption that services provided by an individual engaged in work requiring specialized knowledge and skills attained through completion of recognized courses of instruction or experience are rendered as an independent contractor. These services shall be limited to those provided by attorneys, physicians, dentists, engineers, architects, accountants, chiropractors, and the various types of physical, chemical, natural, and biological scientists. Professional services shall not include services generally provided by persons who do not have a degree from a four-year institution of higher learning relating to the specialized knowledge and skills of the professional service being provided. For the purposes of this section, the rebuttable presumption shall not apply to an individual who enters into a contract agreement with the recipient of the professional services which establishes an employer-employee relationship. However, the existence of a contract between a nonprofit, licensed, primary care clinic, as defined in subdivision (a) of Section 1204 of the Health and Safety Code, and a health care practitioner who is licensed as a physician and surgeon, osteopathic physician and surgeon, podiatrist, optometrist, chiropractor, or psychologist shall not constitute an employer-employee relationship if the contract stipulates that the professional services rendered to the clinic are by an independent contractor, not an employee. Independent contractors who conform to the provisions of this section or primary care clinics that contract with these individuals or organizations shall not be liable for any payments that may be required under an employer-employee relationship pursuant to this code. (Amended by Stats. 1997, Ch. 39, Sec. 1. Effective January 1, 1998.)
  127. 657.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The department must adopt regulations by July 1, 1996, setting clear criteria for when amateur athletic officials may be treated as employees.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Excluded Services [629 - 657] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 657. The department shall adopt regulations by July 1, 1996, to establish clear criteria which specify under what conditions amateur athletic officials may be considered employees. (Added by Stats. 1995, Ch. 725, Sec. 2. Effective January 1, 1996.)
  128. 675.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “employer” for unemployment insurance coverage.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 675. “Employer” means any employing unit, which for some portion of a day, has within the current calendar year or had within the preceding calendar year in employment one or more employees and pays wages for employment in excess of one hundred dollars ($100) during any calendar quarter. (Amended by Stats. 1971, Ch. 1107.)
  129. 676.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An “employer” also includes certain employing units that meet specified employee and wage thresholds.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 676. “Employer” also means any employing unit, for which services are performed that are included in “employment” solely for the purposes of Part 2 (commencing with Section 2601) of this division, which for some portion of a day, has within the current calendar year or had within the preceding calendar year one or more employees performing such services, and pays wages for such service in excess of one hundred dollars ($100) during any calendar quarter. (Amended by Stats. 1971, Ch. 1107.)
  130. 677.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Employer” also includes any employing unit for which service is performed in “employment” as defined by Section 605.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 677. “Employer” also means any employing unit for which service is performed in “employment” as defined by Section 605. (Amended by Stats. 1978, Ch. 2.)
  131. 678.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “employer” for this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 678. “Employer” means any employing unit which pursuant to a collective bargaining agreement between an employer and a labor organization in the motion picture, radio, or television industry, pays wages as provided in Section 926.5. (Added by Stats. 1971, Ch. 873.)
  132. 679.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines when a motion picture payroll services company, loan-out company, or related entity is treated as the employer, and it sets filing, notice, transfer, and rating-rate rules.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 679. (a) (1) Notwithstanding Sections 606.5 and 678, for the purposes of this code, “employer” means any employing unit that is a motion picture payroll services company that pays and controls the payment of wages of a motion picture production worker for services either to a motion picture production company or to an allied motion picture services company, and files a timely statement of its intent to be the employer of motion picture production workers pursuant to subdivision (b). (2) Notwithstanding Sections 606.5 and 678 and paragraph (1), solely for the purpose of remitting employment taxes under this code, and any related obligations arising therefrom under this code, including, but not limited to, this division and Division 6 (commencing with Section 13000), a loan-out company is the employer of the employee-owners or members who are engaged by the loan-out company to provide services to a motion picture production company or an allied motion picture services company. (3) For purposes of this code, and consistent with paragraph (2), neither a loan-out company nor an individual whose services are provided by a loan-out company shall be considered an employee of the motion picture payroll services company. (b) (1) Any employing unit meeting the requirements of a motion picture payroll services company that intends to be treated as an employer of motion picture production workers pursuant to subdivision (a) shall file a statement with the department that declares its intent to be the employer of motion picture production workers, pursuant to this section, within 15 days after first paying wages to the workers. The statement shall include identification of each affiliated entity. (2) Any employing unit operating as a motion picture payroll services company as of January 1, 2007, that intends to be treated as an employer of motion picture production workers pursuant to this section, shall file a statement with the department that declares its intent to be the employer of motion picture production workers, pursuant to this section, by January 15, 2007. The statement shall include identification of each affiliated entity. (3) Any motion picture payroll company that quits business shall: (A) Within 10 days of quitting business: (i) File with the director a final return and report of wages of its workers, as required by Section 1116. (ii) File all statements required by this subdivision. (B) Forty-five days in advance of quitting business, notify each motion picture production company and allied motion picture services company, with respect to which they have been treated as the employer of the motion picture production workers, of its intent to quit business. (4) The director may prevent a motion picture payroll services company that fails to file a timely statement from being treated as an employer of motion picture production workers, for a period not to exceed the period for which the statement is required. (5) Any statement filed by a motion picture payroll services company pursuant to this subdivision shall be applied to each affiliated entity of the motion picture payroll services company in existence at the time the statement is filed. (c) For each rating period beginning on or after January 1, 2007, in which an employer operating as a motion picture payroll services company obtains or attempts to obtain a more favorable rate of contributions under this section in a manner that is due to deliberate ignorance, reckless disregard, fraud, intent to evade, misrepresentation, or willful nondisclosure, the director shall assign the maximum contribution rate plus 2 percent for each applicable rating period, the current rating period, and the subsequent rating period. Contributions paid in excess of the maximum rate under this section shall not be credited to the employing unit’s reserve account. (d) (1) On and after January 1, 2007, whenever a motion picture payroll services company creates or acquires a motion picture payroll services company, or acquires substantially all of the assets of a motion picture payroll services company, the created or acquired motion picture payroll services company shall: (A) Constitute a separate employing unit, notwithstanding Sections 135.1 and 135.2. (B) Have its reserve account and rate of contributions determined in accordance with subdivision (e). (C) Notify the department of the entity being created or acquired and the nature of its affiliation to that entity. (2) The department may promulgate regulations requiring a motion picture payroll services company, prior to the creation or acquisition of a motion picture payroll services company that will be an affiliated entity, to seek the approval of the department to apply this section to the created or acquired entity. (e) When a motion picture payroll services company transfers all or part of its business or payroll to another motion picture payroll services company the reserve account attributable to the transferor shall be transferred to the transferee motion picture payroll services company, and the transferee’s rate of contribution shall be determined in accordance with Section 1052. The transferee shall notify the department within 15 days of the transfer of the business or payroll. (f) For purposes of this section: (1) “Affiliated entity” means any one or more motion picture payroll services company or companies that are united by factors of common ownership, management, or control as prescribed by Section 1061. (2) “Allied motion picture services company” means any person engaged in an industry closely allied with, and whose work is integral to, a motion picture production company in the development, production, or postproduction of a motion picture, excluding the distribution of the completed motion picture and any activity occurring thereafter, and who hires from the same pool of craft and guild or union workers, actors, or extras as a motion picture production company. (3) “Loan-out company” means a corporation, or limited liability company that is classified as a corporation for federal income tax purposes, the principal activity of which is the performance of personal services for a motion picture production company or allied motion picture services company, provided that those services are substantially performed by an employee of the corporation who owns, on any day during the taxable year, more than 10 percent of the outstanding stock of the corporation. (4) “Motion picture” means a motion picture of any type, including, but not limited to, a theatrical motion picture, a television production, a television commercial, or a music video, regardless of its theme or the technology used in its production or distribution. (5) (A) “Motion picture payroll services company” means any employing unit that directly or through its affiliated entities meets all of the following criteria: (i) Contractually provides the services of motion picture production workers to a motion picture production company or to an allied motion picture services company, or provides payments to a loan-out company as directed by a motion picture production company or an allied motion picture services company. (ii) Is a signatory to a collective bargaining agreement for one or more of its clients. (iii) Controls the payment of wages to the motion picture production workers and pays those wages from its own account or accounts. (iv) Is contractually obligated to pay wages to the motion picture production workers without regard to payment or reimbursement by the motion picture production company or allied motion picture services company. (v) At least 80 percent of the wages paid by the motion picture payroll services company each calendar year are paid to workers associated between contracts with motion picture production companies and motion picture payroll services companies. (B) If the director determines that any employing unit is operating as a motion picture payroll services company but is failing to comply with any of the provisions of subparagraph (A), the employing unit is subject to determination of the employer-employee relationship pursuant to this code. When the director’s ruling becomes final, the director may preclude the employing unit from being classified as a motion picture payroll services company pursuant to this section for up to three years from the date of the determination. (6) “Motion picture production company” means any employing unit engaged in the development, production, and postproduction of a motion picture, excluding the distribution of the completed motion picture and any activities occurring thereafter. (7) “Motion picture production worker” means an individual who provides services to a motion picture production company or allied motion picture services company and who, with regard to those services, is reported under this part as an employee by the motion picture payroll services company. An individual who has been reported as an employee by the motion picture payroll services company, without regard to the individual’s status as an employee or independent contractor, shall be the employee of the motion picture payroll services company for the purposes of this code throughout the contractual period with the motion picture payroll services company. (8) “Wages” shall have the same meaning given the term in Article 2 (commencing with Section 926) of Chapter 4, and shall include residual payments. (g) If the director determines that an entity does not meet any requirement of this section, the director shall give notice of its determination to that entity pursuant to Section 1206. The notice shall contain a statement of the facts and circumstances upon which the determination was made. The entity so noticed shall have the right to petition for review of the director’s determination within 30 days of the notice, as provided in Section 1222. (h) The director shall prescribe the form and manner of the statements and information required to be filed or reported by this section. (Amended by Stats. 2025, Ch. 67, Sec. 183. (AB 1170) Effective January 1, 2026.)
  133. 680.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A motion picture payroll services company may ask the director to extend an existing voluntary disability plan, and the director must approve it if the stated conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 680. (a) Notwithstanding any other provision of law, when motion picture production workers are employed by one or more affiliated entities of a motion picture payroll services company that has elected to be treated and is being treated as the employer of those motion picture production workers pursuant to Section 679, the motion picture payroll services company may apply to the director for approval of the extension of an existing voluntary plan or plans for the payment of disability benefits to all motion picture production workers employed by all of the affiliated entities of the motion picture payroll services company. The director shall approve the extension of the voluntary plan to all of the motion picture production workers of all of the affiliated entities if he or she finds all of the following exist: (1) The voluntary plan to be extended was in existence at the time of the election of the motion picture payroll services company to be treated as the employer of motion picture production workers pursuant to Section 679. (2) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625) and Chapter 7 (commencing with Section 3300) of Part 2 of Division 1. (3) The plan has been made available to all of the motion picture production workers of the employer employed in this state. (4) If the plan provides for insurance, the form of the insurance policies to be issued has been approved by the Insurance Commissioner and the policies are to be issued by an admitted disability insurer. (5) The motion picture payroll services company has consented to the extension of the plan and has agreed to make the payroll deductions required, if any, and transmit the proceeds to the plan insurer, if any. (6) The plan provides for the inclusion of future employees in the manner described in subparagraph (A) of paragraph (2) of subdivision (b). (7) (A) The plan will be in effect for a period of not less than one year and, thereafter, continuously, unless the director finds that the motion picture payroll services company or a majority of motion picture production workers employed in this state covered by the plan has given notice of withdrawal from the plan. The notice shall be filed in writing with the director and shall be effective only on the anniversary of the effective date of the plan next following the filing of the notice, but in any event not less than 30 days from the date of the filing of the notice. (B) Notwithstanding the provisions of subparagraph (A), the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or on the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the director not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing the benefit amounts provided by Sections 2653 and 2655 or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change. (8) The amount of deductions from the wages of an employee in effect for any plan shall not be increased on a date other than an anniversary date of the effective date of the plan, except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect. The amount of deductions, for the purpose of providing coverage under the plan, shall not exceed that which would be required by Sections 984 and 985 if the employee were not covered by the plan. (9) The approval of the extension of the plan will not result in a substantial selection of risks adverse to the Disability Fund. (b) The extension of a plan approved by the director pursuant to subdivision (a) shall be deemed to have also met the consent requirements of Section 3257 if both of the following requirements are met: (1) The plan met the consent requirements of Section 3257 when initially adopted. (2) The plan provides for both of the following: (A) Each employee to whom the plan is applicable shall be given written notice of his or her right to reject coverage under the plan and a written statement setting forth the essential features of the plan prior to or at the time of employment. The form of the notice and of the statement shall be approved by the director. (B) On or before January 31 of each calendar year, each employee shall be given written notice, in a form approved by the director, of his or her right to withdraw from the plan at the beginning of any calendar quarter upon giving reasonable notice in writing directed to the motion picture payroll services company. (Added by Stats. 2008, Ch. 391, Sec. 2. Effective January 1, 2009.)
  134. 682.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employing unit is treated as an employer if it hires people for domestic service in certain private settings and pays at least $1,000 in cash wages for that service in a calendar quarter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 682. (a) “Employer” also means any employing unit which employs individuals to perform domestic service in a private home, local college club, or local chapter of a college fraternity or sorority and pays wages in cash of one thousand dollars ($1,000) or more for such service during any calendar quarter in the calendar year or the preceding calendar year. (b) Any employing unit which qualifies as an employer under this section shall not be treated as an employer with respect to wages paid for any service other than domestic service specified by this section unless such employing unit also qualifies as an employer with respect to such other service under Section 675, 676, 677, or 678. (Amended by Stats. 2005, Ch. 152, Sec. 4. Effective January 1, 2006.)
  135. 683.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section expands “employer” to include certain units that hire people for in-home supportive domestic services and pay at least $1,000 in cash wages in a calendar quarter, if they fit one of the listed categories.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 683. “Employer” also means any employing unit which employs individuals to perform domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300), Chapter 3, Part 3, Division 9 of the Welfare and Institutions Code and pays wages in cash of one thousand dollars ($1,000) or more for such service during any calendar quarter in the calendar year or the preceding calendar year, and is one of the following: (a) The recipient of such services, if the state or county makes or provides for direct payment to a provider chosen by the recipient or to the recipient of such services for the purchase of services, subject to the provisions of Section 12302.2 of the Welfare and Institutions Code. (b) The individual or entity with whom a county contracts to provide in-home supportive services. (c) Any county which hires and directs in-home supportive personnel in accordance with established county civil service requirements or merit system requirements for those counties not having civil service systems. (Added by Stats. 1978, Ch. 463.)
  136. 684.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Section 684 expands the meaning of “employer” for Part 2 to cover certain domestic-service employing units that pay at least $750 in cash wages in a calendar quarter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 684. (a) Solely for the purposes of Part 2 (commencing with Section 2601) of this division, “employer” also means any employing unit which employs individuals to perform domestic service in a private home, local college club, or local chapter of a college fraternity or sorority and pays wages in cash of seven hundred fifty dollars ($750) or more to individuals employed in such service during any calendar quarter in the calendar year or the preceding calendar year. (b) Any employing unit which qualifies as an employer under this section shall not be treated as an employer with respect to wages paid for any service other than domestic service specified by this section unless such employing unit also qualifies as an employer with respect to such other service under Section 675, 676, 677, or 678. (Amended by Stats. 2005, Ch. 152, Sec. 5. Effective January 1, 2006.)
  137. 685.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    For Part 2 only, “employer” includes certain employing units that provide in-home supportive domestic service and pay at least $750 in cash wages in a calendar quarter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 685. Solely for the purposes of Part 2 (commencing with Section 2601) of this division, “employer” also means any employing unit which employs individuals to perform domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code and pays wages in cash of seven hundred fifty dollars ($750) or more to individuals employed in such service during any calendar quarter in the calendar year or preceding calendar year, and is one of the following: (a) The recipient of the services, if the state or county makes or provides for direct payment to a provider chosen by the recipient or to the recipient of the services for the purchase of services, subject to the provisions of Section 12302.2 of the Welfare and Institutions Code. (b) The individual or entity with which a county contracts to provide in-home supportive services. (c) Any county which hires and directs in-home supportive personnel in accordance with established county civil service requirements or merit system requirements for those counties not having civil service systems. (Added by Stats. 1981, Ch. 1025, Sec. 2.)
  138. 686.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A person who commissions a specially ordered work can be treated as the employer of the author if the parties sign a written agreement and the work is treated as a work made for hire.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 686. “Employer” also means any person contracting for the creation of a specially ordered or commissioned work of authorship when the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all of the rights comprised in the copyright in the work. The ordering or commissioning party shall be the employer of the author of the work for the purposes of this part. (Added by Stats. 1982, Ch. 1332, Sec. 3.)
  139. 687.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employment agency is not treated as the employer of domestic workers it places if all listed conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Subject Employers [675 - 687.2] ( Article 3 enacted by Stats. 1953, Ch. 308. ) ## 687.2. Notwithstanding any other law, an employment agency, as defined in subparagraph (C) of paragraph (1) of subdivision (a) or subdivision (h) of Section 1812.501 of the Civil Code, shall not be deemed to be the employer of the domestic workers for whom it procures, offers, refers, provides, or attempts to provide work if all of the following factors exist: (a) There is a signed contract or agreement between the employment agency and the domestic worker that contains, at a minimum, provisions that specify all of the following: (1) That the employment agency shall assist the domestic worker in securing work. (2) How the employment agency’s referral fee shall be paid. (3) That the domestic worker is free to sign an agreement with other employment agencies and to perform domestic work for persons not referred by the employment agency. (b) The domestic worker informs the employment agency of any restrictions on hours, location, conditions, or type of work he or she will accept and the domestic worker is free to select or reject any work opportunity procured, offered, referred, or provided by the employment agency. (c) The domestic worker is free to renegotiate with the person hiring him or her the amount proposed to be paid for the work. (d) The domestic worker does not receive any training from the employment agency with respect to the performance of domestic work. However, an employment agency may provide a voluntary orientation session in which the relationship between the employment agency and the domestic worker, including the employment agency’s administrative and operating procedures, and the provisions of the contract or agreement between the employment agency and the domestic worker are explained. (e) The domestic worker performs domestic work without any direction, control, or supervision exercised by the employment agency with respect to the manner and means of performing the domestic work. The following actions exercised by an employment agency shall not be considered to be the exercise of direction, control, or supervision: (1) Informing the domestic worker about the services to be provided and the conditions of work specified by the person seeking to hire a domestic worker. (2) Contacting the person who has hired the domestic worker to determine whether that person is satisfied with the agency’s referral service. This contact shall not be used to identify improvements needed in a worker’s performance and to then discipline or train the worker regarding the performance of domestic work. (3) Informing the domestic worker of the time during which new referrals are available. (4) Requesting the domestic worker to inform the employment agency if the domestic worker is unable to perform the work accepted. (f) The employment agency does not provide tools, supplies, or equipment necessary to perform the domestic work. (g) The domestic worker is not obligated to pay the employment agency’s referral fee, and the employment agency is not obligated to pay the domestic worker if the person for whom the services were performed fails or refuses to pay for the domestic work. (h) Payments for domestic services are made directly to either the domestic worker or to the employment agency. Payments made directly to the employment agency shall be deposited into a trust account until payment can be made to the domestic worker. Payments made to the domestic worker by the employment agency shall not be paid from any of the employment agency’s business accounts. (i) The relationship between a domestic worker and the person for whom the domestic worker performs services may only be terminated by either of those parties and not by the employment agency that referred the domestic worker. However, an employment agency may decline to make additional referrals to a particular domestic worker, and the domestic worker may decline to accept a particular referral. (Amended by Stats. 2017, Ch. 117, Sec. 2. (AB 1695) Effective January 1, 2018.)
  140. 7.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Any reference to a part of this code or another law includes later amendments and additions.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 7. Whenever any reference is made to any portion of this code or of any other law, the reference applies to all amendments and additions thereto, now or hereafter made. (Enacted by Stats. 1953, Ch. 308.)
  141. 701.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An eligible employing unit can elect employer coverage by filing a written election with the director for at least two calendar years, and the election takes effect only if the director gives written approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 701. An employing unit, not otherwise subject to this division, which files with the director its written election to become an employer for not less than two calendar years, shall, with the written approval of the election by the director, become an employer subject to this division to the same extent as other employers as of the date stated in the approval. (Amended by Stats. 1961, Ch. 2156.)
  142. 702.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employing unit may file a written election with the director to treat certain non-employment services as employment, if the section’s exceptions do not apply.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 702. Except as provided by Sections 702.1, 709, and 710, any employing unit for which services that do not constitute employment are performed, may file with the director a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment by an employer for all the purposes of this division for not less than two calendar years. Upon the written approval of the election by the director, such services shall be deemed to constitute employment subject to this division from and after the date stated in the approval. (Amended by Stats. 1978, Ch. 2.)
  143. 702.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section lets certain nonprofit organizations file a coverage election with the director if a majority of affected employees sign a written petition, and it requires coverage-related withholding after approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 702.1. (a) As used in this section, “nonprofit organization” means any corporation, community chest, fund, or foundation for which services that constitute employment under Section 608 are performed and for which other services that do not constitute employment are performed, or any nonprofit organization described in Section 608 for which all services performed do not constitute employment. (b) No election filed by a nonprofit organization under Section 702 shall be effective for service performed after December 31, 1971. All elections for coverage filed by a nonprofit organization under Section 702 prior to January 1, 1972, shall be terminated effective December 31, 1971. (c) Any nonprofit organization for which any services that do not constitute employment are performed may, when requested by a written petition signed by a majority of its employees to be covered by the election, file with the director a written election that the services performed in one or more distinct establishments or places of business and to be covered by the election shall be deemed to constitute employment by an employer for all the purposes of this division for not less than two calendar years. If the director finds that a majority of the employees to be covered by the election have signed the petition, a nonprofit organization shall, upon the written approval of the director, become an employer with respect to such services subject to this division to the same extent as other employers, and services performed by its employees covered by the election, shall constitute employment subject to this division. Beginning at that time it shall withhold from the wages of employees covered by the election the contributions required for unemployment compensation disability benefits. (d) A nonprofit organization may exclude from coverage under an election pursuant to this section any service excluded under Section 634.5. (e) Notwithstanding the provisions of subdivision (d), a nonprofit organization shall not exclude from unemployment compensation disability coverage under an election pursuant to this section any service that is included in “employment” for the purposes of Part 2 (commencing with Section 2601) of this division. (f) In lieu of the contributions required of employers, each nonprofit organization that has elected coverage under this section may elect any method of financing coverage by an election under this section that is permitted under Section 803. Subdivision (c) of Section 801 shall apply to any such election under Section 803. (g) Except as inconsistent with the provisions of this section, the provisions of this division and authorized regulations shall apply to any matter arising pursuant to this section. (Added by Stats. 1971, Ch. 1107.)
  144. 702.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An employing unit may file a written election with the director, if the unit and the covered employees agree, to have certain services treated as employment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 702.5. Any employing unit for which services that do not constitute employment under Section 631 are performed, may file with the director a written election, agreed to by both the employing unit and the individuals in its employ specified in Section 631, that all such services performed by such individuals in one or more distinct establishments or places of business shall be deemed to constitute employment by an employer for all the purposes of Part 2 (commencing with Section 2601) of this division. Upon the written approval of the election by the director, such services shall be deemed to constitute employment subject to such part from and after the date stated in the approval. Sections 704 and 707 shall apply to elections under this section. (Added by Stats. 1971, Ch. 1447.)
  145. 702.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain employers may file a written election with the director to extend Part 2 coverage to specified services.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 702.6. (a) Any employing unit who is an employer under this division may file with the director a written election to cover, for the purposes of Part 2 (commencing with Section 2601) only, services performed by any of the following: (1) All eligible employees who are a part of a labor organization, provided the election is the result of a negotiated agreement between the employer and the recognized employee organization. (2) All eligible employees in its employ in one or more distinct establishments or places of business who are not part of a labor organization, when the election is requested by a written petition signed by a majority of the eligible employees to be covered by the election. (b) “Eligible employee,” as used in this section, means an employee who is a California resident whose services are covered under the unemployment compensation laws of another state which does not have a disability insurance program, and who is an “employee,” as defined in Section 13004, for whom the employer complies with the personal income tax withholding provisions of Division 6 (commencing with Section 13000). (c) Upon the filing of an election, the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees who are subject to the election shall be deemed to constitute employment subject to that part. Sections 704, 707, 986, and 2903 shall apply to elections under this section. (Added by Stats. 1989, Ch. 475, Sec. 1.)
  146. 703.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some out-of-state services can be treated as employment if the worker is a California resident and the director approves the employing unit’s election.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 703. Services not included within “employment” and performed entirely without this State, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the Federal Government, shall be deemed to be employment if the individual performing such services is a resident of this State and the director approves the election of the employing unit for whom the services are performed that the entire service of such individual shall be deemed to be employment subject to this division. Such election shall be for the period, made in the manner, and subject to termination as provided in this article for other elections of coverage. (Enacted by Stats. 1953, Ch. 308.)
  147. 704.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director must not approve certain elective coverage elections if listed disqualifying conditions exist, and the department may waive a reinstatement waiting period in a limited case.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 704. The director shall not approve an election under Section 701, 702, 702.1, 702.5, 703, 708, or 708.5 if he or she finds that any of the following conditions exist: (a) The self-employed individual is currently unable to perform his or her regular and customary work due to injury or illness. (b) The employing unit or self-employed individual is not normally and continuously engaged in a regular trade, business, or occupation. (c) The employing unit or self-employed individual intends to discontinue the regular trade, business or occupation within eight calendar quarters. (d) The regular trade, business, or occupation of the employing unit or self-employed individual is seasonal in its operations. (e) The major portion of the self-employed individual’s remuneration is not derived from his or her trade, business, or occupation. (f) The self-employed individual is unable to provide a copy of his or her Internal Revenue Service Schedule SE as reported on or before April 15 of the preceding year showing a net profit of at least four thousand six hundred dollars ($4,600) or to certify to an average net profit of at least one thousand one hundred fifty dollars ($1,150) per quarter since becoming self-employed or for the preceding four quarters, whichever period is less. (g) The employing unit or self-employed individual has failed to make a return or report, or to pay contributions within the time required by this division and there is an unpaid amount of contributions owing by the employing unit or self-employed individual. (h) (1) A prior elective coverage agreement entered into pursuant to Section 708 or 708.5 has been terminated by the department under Section 704.1 or by means of a written application for termination as required by this division, and the individual has not completed a waiting period of 18 consecutive months from the date of termination. (2) The waiting period for reinstatement to the elective coverage program may be waived for any individual who becomes eligible for coverage after being terminated under paragraph (1), (2), (4), or (5) of subdivision (a) of Section 704.1, upon receipt by the department of an application for coverage to be effective the first day of the quarter in which the application is received. (i) The employing unit or any officer or agent of or person having charge of the affairs of the employing unit, or the self-employed individual has been convicted within the preceding eight consecutive calendar quarters of any violation under Chapter 10 (commencing with Section 2101). For the purposes of this subdivision, a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction irrespective of whether an order granting probation or other order is made suspending the imposition of the sentence or whether sentence is imposed but execution thereof is suspended. (j) For purposes of this section, Internal Revenue Service Schedule SE is defined as Internal Revenue Service Form 1040 Schedule SE, or in the case of statutory employees under the Internal Revenue Code, it shall be defined as Internal Revenue Service Form 1040 Schedule C, or the California Income Tax Return, when accompanied by Internal Revenue Service Form W-2. (Amended by Stats. 1994, Ch. 1049, Sec. 1. Effective January 1, 1995.)
  148. 704.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may end an elective coverage agreement if listed conditions exist, and must give written notice of the termination.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 704.1. (a) Notwithstanding any other provision of this division, the director may terminate any elective coverage agreement under this article if he or she finds that any of the following conditions exist: (1) The employing unit or self-employed individual is not normally and continuously engaged in a regular trade, business, or occupation. (2) The employing unit or self-employed individual has discontinued the regular trade, business, or occupation. (3) The regular trade, business, or occupation of the employing unit or self-employed individual is seasonal in its operations. This paragraph shall not apply to any public entity. (4) The major portion of the self-employed individual’s remuneration is not derived from his or her trade, business, or occupation. (5) The self-employed individual reports a net profit of less than four thousand six hundred dollars ($4,600) on his or her Internal Revenue Service Schedule SE for a third consecutive year. (6) The employing unit or self-employed individual has failed to make a return or report, or to pay contributions within the time required by this division and there is an unpaid amount of contributions owing by the employing unit or self-employed individual, except when the elective coverage agreement has been in effect for less than two complete calendar years. (7) The employing unit or self-employed individual, or a representative thereof, is found by the director to have filed a false statement in order to be considered eligible for elective coverage. (8) The employing unit or any officer or agent of or person having charge of the affairs of the employing unit, or the self-employed individual is convicted of any violation pursuant to Chapter 10 (commencing with Section 2101). For the purposes of this paragraph, a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction irrespective of whether an order granting probation or other order is made suspending the imposition of the sentence or whether sentence is imposed but execution thereof is suspended. (b) The director shall give to the employing unit, or to the self-employed individual, a written notice pursuant to Section 1206 of the director’s termination of the elective coverage agreement under this section. The date of termination may be the end of the calendar quarter immediately preceding the existence of any condition specified in subdivision (a), or the end of any subsequent calendar quarter thereafter, as determined by the director. Any termination of elective coverage shall not affect the liability of the employing unit or self-employed individual for any contributions due, owing, and unpaid to the department. (c) Sections 1222, 1223, and 1224 shall apply to matters arising under this section. (d) For purposes of this section, Internal Revenue Service Schedule SE is defined as Internal Revenue Service Form 1040 Schedule SE, or in the case of statutory employees under the Internal Revenue Code, it shall be defined as Internal Revenue Service Form 1040 Schedule C, or the California Income Tax Return, when accompanied by Internal Revenue Service Form W-2. (Amended by Stats. 1994, Ch. 1049, Sec. 2. Effective January 1, 1995.)
  149. 704.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines when a person is considered normally and continuously engaged in a regular trade, business, or occupation, and when an operation is seasonal.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 704.2. For purposes of Sections 704 and 704.1: (a) “Normally and continuously engaged in a regular trade, business, or occupation” means both of the following: (1) Regularly performing services and engaging in an uninterrupted pattern of work that is customary for the individual’s trade, business, or occupation. (2) In the case of a self-employed individual or individual who is an employer is in a trade, business, or occupation that requires a valid and active license, that individual has been issued that license. An individual operating a business without a required license shall not be considered normally engaged in a trade, business, or occupation. (b) “Seasonal in its operations” means any of the following: (1) The trade, business, or occupation is not continuous or carried on throughout the year. (2) The operation of the trade, business, or occupation is temporarily or intermittently suspended for regularly recurring periods of time. (3) The performance of services in the trade, business, or occupation is regularly suspended due to weather, climate, or other conditions. (Added by Stats. 1993, Ch. 747, Sec. 3. Effective January 1, 1994.)
  150. 705.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An elective coverage agreement can be terminated only if it has been in effect for two calendar years and a written termination application is filed with the director by January 31. A special rule lets certain pre-1994 agreements terminate on January 1, 1994, if the self-employed individual applies by June 30, 1994.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 705. (a) An elective coverage agreement approved by the director pursuant to any section of this article may be terminated as of January 1st of any calendar year only if the agreement has been in effect for two calendar years and if the employing unit or self-employed individual, on or before the 31st day of January of that year, has filed with the director a written application for termination. (b) An elective coverage agreement entered into prior to January 1, 1994, pursuant to Section 708 or 708.5 may be terminated on January 1, 1994, if the self-employed individual files a written application for termination with the director on or before June 30, 1994. (Amended by Stats. 1993, Ch. 747, Sec. 4. Effective January 1, 1994.)
  151. 706.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may waive the Section 705 filing deadline for a termination application if there is good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 706. The director may for good cause waive the requirement of Section 705 that a written application for termination shall be filed on or before the thirty-first day of January. (Amended by Stats. 1955, Ch. 1165.)
  152. 707.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Employing units that elect employer status or seek termination must post and keep printed notices on their premises; their employees must also be given a reasonable chance to object or be heard before the director approves the election.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 707. Every employing unit which files an election to become an employer pursuant to Section 701, 702, 702.1, 702.5, 703, 709, or 710, or an application for termination pursuant to Section 705, shall post and maintain printed notices of such election or application on his or her premises, as prescribed by authorized regulation. Individuals in the employ of any employing unit which files an election to become an employer shall be given a reasonable opportunity to file objections or to be heard in the matter prior to the director’s approval of the election. (Amended by Stats. 1978, Ch. 2.)
  153. 708.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Section 708 lets eligible individuals file an elective coverage election with the director, and it sets filing, reporting, contribution, and benefit rules for that coverage.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 708. (a) Any individual who is an employer under this division or any two or more individuals who have so qualified may file with the director a written election that their services shall be deemed to be services performed by individuals in employment for an employer for all the purposes of this division. Upon the approval of the election by the director, the services of those individuals shall be deemed to constitute employment for an employer for all of the purposes of this division. Regardless of their actual earnings, for the purposes of computing benefit rights and contributions under this division, they shall be deemed to have received the following remuneration for each calendar quarter: (1) For purposes of unemployment insurance, the highest amount of wages required to be entitled to the maximum benefit amount provided in Section 1280. (2) For purposes of disability insurance, the highest amount of wages required to be entitled to the maximum benefit amount provided in Section 2655. (A) For disability insurance contributions on or after July 1, 1994, the quarterly contribution shall be the product of one-fourth of the amount of net profit, but not less than one thousand one hundred fifty dollars ($1,150) except when subparagraph (B) applies, reported on or before April 15 of the preceding year as declared on the Internal Revenue Service Schedule SE filed by an individual who is an employer under this division and the contribution rate established pursuant to Section 984.5, except as provided by Section 985. On January 1, 1995, quarterly income credits for the period from July 1, 1993, to June 30, 1994, inclusive, shall be changed to one-fourth of the amount of the net profit or four thousand six hundred dollars ($4,600), whichever is greater, reported on or before April 15, 1993, as declared on the Internal Revenue Service Schedule SE for the 1992 taxable year filed by each individual having an elective coverage agreement in effect for that period or any portion thereof. If no Internal Revenue Service Schedule SE was filed, the individual shall be assigned a quarterly income credit of one thousand one hundred fifty dollars ($1,150). Quarterly income credits for this period shall not exceed seven thousand nine hundred forty-two dollars ($7,942). If any quarterly income credit for the period from July 1, 1993, to June 30, 1994, inclusive, was reduced prior to January 1, 1995, the amended income credit shall be reduced proportionately. Benefits payable for periods of disability commencing on or after January 1, 1995, shall be based on Section 2655. For purposes of this division, income credits shall be included in the term “wages.” (B) The self-employed individual shall not pay contributions for periods of any disability, including periods for which some services are performed while disabled. The self-employed individual shall file a quarterly report of wages and certify as to the period of disability in order to maintain eligibility for elective disability insurance coverage and benefits. During periods of disability, the self-employed individual shall reduce his or her quarterly contributions by dividing the quarterly contribution amount by 91 to compute the daily contribution amount, and the daily contribution amount shall be multiplied by the number of days disabled to compute the amount by which the quarterly contributions shall be reduced. The department shall reduce income credits utilizing the same calculation method. (b) Any individual who is an employer under this division or any two or more individuals who have so qualified may file with the director a written election that their services shall be deemed to be services performed by individuals in employment for an employer for the purposes of Part 2 (commencing with Section 2601) only. Upon the approval of the election by the director, the services of those individuals shall be deemed to constitute employment for an employer for the purposes of Part 2 (commencing with Section 2601) only. Regardless of their actual earnings, for the purposes of computing disability benefit rights and worker contributions, they shall be deemed to have received remuneration for each calendar quarter the highest amount of wages required to be entitled to the maximum benefit award provided in Section 2655. For contributions on or after July 1, 1994, the quarterly contribution shall be the product of one-fourth of the amount of net profit, but not less than one thousand one hundred fifty dollars ($1,150), except when subparagraph (B) of paragraph (2) of subdivision (a) applies, reported on or before April 15 of the preceding year as declared on the Internal Revenue Service Schedule SE filed by an individual who is an employer under this division and the contribution rate established pursuant to Section 984.5, except as provided by Section 985. The quarterly contribution shall be reduced as set forth in subparagraph (B) of paragraph (2) of subdivision (a) if a disability occurred during the quarter for which payment is being made. On January 1, 1995, quarterly income credits for the period from July 1, 1993, to June 30, 1994, inclusive, shall be changed to one-fourth of the amount of the net profit or four thousand six hundred dollars ($4,600), whichever is greater, reported on or before April 15, 1993, as declared on the Internal Revenue Service Schedule SE for the 1992 taxable year filed by each individual having an elective coverage agreement in effect for that period or any portion thereof. If no Internal Revenue Service Schedule SE was filed, the individual shall be assigned a quarterly income credit of one thousand one hundred fifty dollars ($1,150). Quarterly income credits for this period shall not exceed seven thousand nine hundred forty-two dollars ($7,942). If quarterly income credits were reduced prior to January 1, 1995, the amended income credits shall be reduced proportionately. Benefits payable for periods of disability commencing on or after January 1, 1995, shall be based on Section 2655. For purposes of this division, income credits shall be included in the term “wages.” (c) (1) Any individual applying for or continuing elective coverage under this section shall be requested to sign an annual statement authorizing the department to verify the net profit declared on his or her Internal Revenue Service Schedule SE. Failure of the individual to sign a statement authorizing the department to verify income shall result in the individual being assigned an annual income level of four thousand six hundred dollars ($4,600) for contribution and benefit purposes. (2) Any individual applying for elective coverage shall submit a copy of his or her Internal Revenue Service Schedule SE filed on or before April 15 of the preceding year with his or her application for elective coverage in order to establish first-year contributions and benefits in excess of the minimum required to qualify for elective coverage. (d) Any self-employed individual continuing elective coverage who fails to file an Internal Revenue Service Schedule SE by April 15 of each calendar year is required to remit contributions based upon the last year the self-employed individual filed an Internal Revenue Service Schedule SE. (e) Any self-employed individual who has not yet filed an Internal Revenue Service Schedule SE shall be assigned an annual income level of four thousand six hundred dollars ($4,600) for contribution and benefit purposes. (f) Contributions required under this division are payable on and after the date stated in the approval of the director. The director may levy assessments under this division for any amount due when an elective coverage agreement has been in effect for less than two complete calendar years. Chapter 7 (commencing with Section 1701), relating to the collection of amount due, shall apply to this section. (g) No benefits shall be paid to any individual based upon remuneration deemed to have been received pursuant to this section unless all contributions due with respect to all remuneration deemed to have been received by the individual pursuant to this section have been paid to the department. (h) No benefits shall be paid to any individual based on elective coverage income credits in his or her base period if his or her elective coverage agreement has been terminated under paragraph (6) of subdivision (a) of Section 704.1. (i) Notwithstanding subdivision (b) of Section 2627, no benefits shall be paid to any individual covered under this section, with respect to periods of disability commencing on or after January 1, 1994, until he or she has been unemployed and disabled for a waiting period of seven consecutive days during each disability benefit period. (j) Notwithstanding Section 2653, with respect to periods of disability commencing on or after January 1, 1994, the maximum amount of benefits payable to an individual covered under this section during any one disability benefit period shall be 39 times his or her weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages credited to the individual during his or her disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (k) For purposes of this section, Internal Revenue Service Schedule SE is defined as Internal Revenue Service Form 1040 Schedule SE, or in the case of statutory employees under the Internal Revenue Code, it shall be defined as Internal Revenue Service Form 1040 Schedule C, or the California Income Tax Return, when accompanied by Internal Revenue Service Form W-2. (Amended by Stats. 2005, Ch. 152, Sec. 6. Effective January 1, 2006.)
  154. 708.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Self-employed individuals meeting the listed conditions may file a written election with the director for elective coverage, and some applicants or continuing participants must file or submit Schedule SE information. The section also sets contribution and benefit calculations, minimum income levels, and a waiting period before some benefits are paid.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 708.5. (a) Any individual who is self-employed, who is not an employer as defined in any provision of Article 3 (commencing with Section 675), of Chapter 3 of this part, and who receives the major part of his or her remuneration from the trade, business, or occupation in which he or she is self-employed, may file with the director a written election that his or her services in connection with his or her trade, business, or occupation shall be deemed to be services performed by an individual in employment for an employer for the purposes of Part 2 (commencing with Section 2601) only. Upon the approval of the election by the director, the services of that self-employed individual in connection with his or her trade, business, or occupation shall be deemed to constitute employment for an employer for the purposes of Part 2 only of this division. Regardless of his or her actual earnings, for the purpose of computing disability benefit rights and worker contributions, he or she shall be deemed to have received remuneration for each calendar quarter the highest amount of wages required to be entitled to the maximum benefit award provided in Section 2655. For contributions on or after July 1, 1994, the quarterly contribution shall be the product of one-fourth of the amount of net profit, but not less than one thousand one hundred fifty dollars ($1,150), except when subparagraph (B) of paragraph (2) of subdivision (a) of Section 708 applies, reported on or before April 15 of the preceding year as declared on the Internal Revenue Service Schedule SE filed by an individual who is an employer under this division and the contribution rate established pursuant to Section 984.5, except as provided by Section 985. The quarterly contribution shall be reduced as set forth in subparagraph (B) of paragraph (2) of subdivision (a) of Section 708 if a disability occurred during the quarter for which payment is being made. On January 1, 1995, quarterly income credits for the period from July 1, 1993, to June 30, 1994, inclusive, shall be changed to one-fourth of the net profit or four thousand six hundred dollars ($4,600), whichever is greater, reported on or before April 15, 1993, as declared on the Internal Revenue Service Schedule SE for the 1992 taxable year filed by each individual having an elective coverage agreement in effect for that period or any portion thereof. If no Internal Revenue Service Schedule SE was filed, the individual shall be assigned a quarterly income credit of one thousand one hundred fifty dollars ($1,150). Quarterly income credits for this period shall not exceed seven thousand nine hundred forty-two dollars ($7,942). If quarterly income credits for the period from July 1, 1993, to June 30, 1994, inclusive, were reduced prior to January 1, 1995, the amended income credits shall be reduced proportionately. Benefits payable for periods of disability commencing on or after January 1, 1995, shall be based on the provisions of Section 2655. For purposes of this division, income credits shall be included in the term “wages.” (b) (1) Any individual applying for or continuing elective coverage under this section shall be requested to sign an annual statement authorizing the department to verify the net profit declared on his or her Internal Revenue Service Schedule SE. Failure of the individual to sign a statement authorizing the department to verify income shall result in the individual being assigned an annual income level of four thousand six hundred dollars ($4,600) for contribution and benefit purposes. (2) Any individual applying for elective coverage shall submit a copy of his or her Internal Revenue Service Schedule SE filed on or before April 15 of the preceding year with his or her application for elective coverage in order to establish first-year contributions and benefits in excess of the minimum required to qualify for elective coverage. (c) Any self-employed individual continuing elective coverage who fails to file an Internal Revenue Service Schedule SE by April 15 of each calendar year is required to remit contributions based upon the last year the self-employed individual filed an Internal Revenue Service Schedule SE. (d) Any self-employed individual who has not yet filed an Internal Revenue Service Schedule SE shall be assigned an annual income level of four thousand six hundred dollars ($4,600) for contribution and benefit purposes. (e) Worker contributions required under this division are payable on and after the date stated in the approval of the director. The director may levy assessments under this division for any amount due when an elective coverage agreement has been in effect for less than two complete calendar years. Chapter 7 (commencing with Section 1701), relating to the collection of amounts due, shall apply to this section. (f) No benefits shall be paid to any individual based on elective coverage income credits in his or her base period if his or her elective coverage agreement has been terminated under paragraph (6) of subdivision (a) of Section 704.1. (g) No benefits shall be paid to any individual based upon remuneration deemed to have been received pursuant to this section unless all contributions due with respect to all remuneration deemed to have been received by that individual pursuant to this section have been paid to the department. (h) Notwithstanding subdivision (b) of Section 2627, no benefits shall be paid to any individual covered under this section, with respect to periods of disability commencing on or after January 1, 1994, until he or she has been unemployed and disabled for a waiting period of seven consecutive days during each disability benefit period. (i) Notwithstanding Section 2653, with respect to periods of disability commencing on or after January 1, 1994, the maximum amount of benefits payable to an individual covered under this section during any one disability benefit period shall be 39 times his or her weekly benefit amount, but in no case shall the total amount of benefits payable be more than the total wages credited to the individual during his or her disability base period. If the benefit is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (j) For purposes of this section, Internal Revenue Service Schedule SE is defined as Internal Revenue Service Form 1040 Schedule SE, or in the case of statutory employees under the Internal Revenue Code, it shall be defined as Internal Revenue Service Form 1040 Schedule C, or the California Income Tax Return, when accompanied by Internal Revenue Service Form W-2. (Amended by Stats. 2005, Ch. 152, Sec. 7. Effective January 1, 2006.)
  155. 709.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Certain local public entities or Indian tribes may elect to become employers under Part 2 and file that election with the director.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 709. Any local public entity located in this state specified in paragraph (3) of subdivision (a) of Section 135 or Indian tribe specified in paragraph (6) of subdivision (a) of Section 135 may elect to become an employer subject to Part 2 (commencing with Section 2601) of this division with respect to all its employees, including those with civil service or tenure positions, and may file its written election with the director. That election may be made on its own motion by the appropriate governing board of the local public entity or Indian tribe making the election, or may be made by the governing board pursuant to a petition signed by a majority of the employees (including those with civil service or tenure positions) requesting the governing board to file an election with the director. Upon the filing of an election, the filing local public entity or Indian tribe shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees, including those with civil service or tenure positions, shall constitute employment subject to that part. Beginning at that time, it shall withhold from the wages of employees the contributions required for unemployment compensation disability benefits. (Amended by Stats. 2001, Ch. 255, Sec. 5. Effective January 1, 2002. Applicable from December 21, 2000, pursuant to Sec. 17 of Ch. 255.)
  156. 710.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Public entities and Indian tribes may elect unemployment coverage for certain services, but if they do, they must follow reporting and recordkeeping requirements.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710. (a) Any public entity or Indian tribe for which services that do constitute employment under Section 605 are performed and for which other services that do not constitute employment are performed may elect to become an employer subject to this part and Parts 3 (commencing with Section 3501) and 4 (commencing with Section 4001) of this division for not less than two calendar years with respect to those other services and to have those other services performed by its employees constitute employment subject to this part and Parts 3 and 4 for that period. Upon the filing of an election the filing public entity or Indian tribe shall, upon approval by the director, become an employer subject to this part and Parts 3 and 4 with respect to the services covered to the same extent as other employers, and those services performed by its employees, including those with civil service or tenure positions, shall constitute employment subject to this part and Parts 3 and 4 effective on the first day of the calendar quarter following the quarter in which the election is filed. (b) The public entity or Indian tribe may exclude from coverage under an election pursuant to this section any service excluded under Section 634.5. (c) Any public entity or Indian tribe that has elected coverage under this section may elect any method of financing coverage otherwise permitted under Section 803 or Article 6 (commencing with Section 821), but the same method of financing coverage shall apply to all coverage by the public entity. An Indian tribe may make separate elections for itself and for each subdivision, subsidiary, or business enterprise wholly owned by that Indian tribe. Subdivision (b) of Section 802 shall apply to any election under Section 803, except that any election under Section 803 shall be terminated on the effective date of the termination of an election for coverage under this section. (d) The director may require from the public entity or Indian tribe employment, financial, statistical, or other information and reports, properly verified, as may be deemed necessary by the director to carry out his or her duties under this division, which shall be filed with the director at the time and in the manner prescribed by him or her. (e) The director may tabulate and publish information obtained pursuant to this section in statistical form and may divulge the name of the public entity or Indian tribe. (f) The public entity or Indian tribe shall keep work records as prescribed by the director for the proper administration of this division. (g) Except as inconsistent with the provisions of this section, the provisions of this division and authorized regulations shall apply to any matter arising pursuant to this section. (Amended by Stats. 2001, Ch. 255, Sec. 6. Effective January 1, 2002. Applicable from December 21, 2000, pursuant to Sec. 17 of Ch. 255.)
  157. 710.4.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A public school employer may elect coverage under Part 2 if the election comes from a negotiated agreement, and the director approves it; after that, the employer must withhold the required employee contributions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710.4. Notwithstanding the provisions of Section 709, any public school employer, as defined in Section 3540.1 of the Government Code, may elect to become an employer subject to Part 2 (commencing with Section 2601) of this division, with respect to all employees who are a part of an appropriate unit established pursuant to the provisions of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, provided such election is the result of a negotiated agreement between the public school employer and the certified employee organization, as such terms are defined in Section 3540.1 of the Government Code. The public school employer may elect to provide coverage to its management and confidential employees, as such terms are defined in Section 3540.1 of the Government Code, and to employees not a part of an appropriate unit, but such election shall not be contingent upon coverage of other employees of the public school employer. Upon filing of such an election, the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) of this division to the same extent as other employers, and services performed by its employees, including those with civil service or tenure positions, shall constitute employment subject to such part. Beginning at that time, the public school employer shall withhold from the wages of employees the contributions required for unemployment compensation disability benefits. (Amended by Stats. 1978, Ch. 2.)
  158. 710.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Public agencies may elect coverage under this unemployment insurance provision if the election results from a negotiated agreement; they may also extend coverage to certain other employees, subject to stated limits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710.5. Notwithstanding Section 709, any public agency, as defined in Section 3501 of the Government Code, may elect to become an employer subject to Part 2 (commencing with Section 2601) with respect to all employees who are a part of an appropriate unit established pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, provided the election is the result of a negotiated agreement between the public agency and the recognized employee organization, as those terms are defined in Section 3501 of the Government Code. The public agency employer also may elect to provide coverage to its management and confidential employees and to its employees who are not a part of an appropriate unit, but the election shall not be contingent upon coverage of other employees of the public agency employer. Upon filing of such an election, the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees who are subject to an election under this section shall constitute employment subject to that part. Sections 986 and 2903 shall apply to an employer making an election pursuant to this section. (Amended by Stats. 1985, Ch. 144, Sec. 1. Effective July 3, 1985.)
  159. 710.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    An eligible Indian tribe may elect to become an employer subject to Part 2 for covered employees, but the election depends on the stated employee conditions and, for bargaining units, a negotiated agreement. Approval by the director is required for the filing entity to become an employer subject to Part 2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710.6. (a) Notwithstanding Section 709, an Indian tribe as described by Section 3306(u) of Title 26 of the United States Code, including tribes not covered by the Tribal-State Gaming Compact, may elect to become an employer subject to Part 2 (commencing with Section 2601) with respect to all employees who meet either of the following conditions: (1) Are employed in one or more distinct establishments or places of business. (2) Are a part of an employee bargaining unit provided the election is the result of a negotiated agreement between the Indian tribe and the recognized employee organization. The Indian tribe also may elect to provide coverage to its management and confidential employees and to its employees who are not a part of an employee bargaining unit, but the election by the bargaining unit shall not be contingent upon coverage of other employees of the Indian tribe. (b) Upon filing of an election, the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees who are subject to an election under this section shall constitute employment subject to that part. Sections 986 and 2903 apply to an employer making an election pursuant to this section. (c) This section does not affect the requirement that Indian tribes covered by the Tribal-State Gaming Compact be subject to Part 2 (commencing with Section 2601). (Amended by Stats. 2015, Ch. 303, Sec. 511. (AB 731) Effective January 1, 2016.)
  160. 710.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    California may elect to have certain employees covered under Part 2 unemployment compensation rules, if the election comes from a negotiated agreement and is approved by the director.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710.7. (a) The State of California, as defined as an employer in Section 3513 of the Government Code, may elect to become an employer subject to Part 2 (commencing with Section 2601) with respect to all employees who are part of an appropriate unit established pursuant to Chapter 10 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code, provided the election is the result of a negotiated agreement between the State of California and the recognized employee organization, as those terms are defined in Section 3513 of the Government Code. The State of California may elect to provide coverage to its management and confidential employees and to its employees who are not part of an appropriate unit, provided that the election is not contingent upon coverage of other employees of the State of California. (b) Upon filing of the election, the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees including those with civil service or tenure positions who are subject to an election under this section shall constitute employment subject to that part. (c) Sections 986 and 2903 apply to an employer making an election pursuant to this section. (Added by Stats. 2002, Ch. 878, Sec. 1. Effective January 1, 2003.)
  161. 710.8.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section lets the California State University Trustees elect unemployment/disability coverage for certain employees, with approval, voting, and certification rules.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710.8. (a) (1) The Trustees of the California State University, as defined as an employer in Section 3562 of the Government Code, shall elect to become an employer subject to Part 2 (commencing with Section 2601) with respect to all employees who are part of an appropriate unit established pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, provided the election is the result of a negotiated agreement between the Trustees of the California State University and a recognized employee organization of the university, as those terms are defined in Section 3562 of the Government Code, or is approved through an election held by a recognized employee organization of the university in accordance with the election procedures set forth in subdivision (d) of this section. (2) The Trustees of the California State University may also elect to provide coverage to its management and confidential employees and to its employees who are not a part of an appropriate unit, provided that the election is not contingent upon coverage of other employees of the Trustees of the California State University. (b) Upon filing of the election, the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees, including those with civil service or tenure positions, who are subject to an election under this section shall constitute employment subject to that part. (c) Sections 986 and 2903 apply to an employer making an election pursuant to this section. (d) (1) Upon an affirmative vote of the governing body of the employee organization, that governing body shall order that an election shall be conducted by secret ballot, placing on the ballot the question of whether the employees of that appropriate bargaining unit do or do not desire that the Trustees of the California State University shall become the employer of the employees of that appropriate bargaining unit for the purposes of being subject to Part 2 (commencing with Section 2601). (2) The recognized employee organization of the California State University shall certify the results of the election on the basis of which ballot choice receives a majority of the valid votes cast. There shall be printed on the ballot two choices, one which specifies the desire to be covered by state disability insurance and one which specifies the desire to continue to be covered by nonindustrial disability insurance. (3) The ballot shall present the questions in a manner that stipulates that, if the election determination is in favor of the employees’ desire to be covered by state disability insurance, this determination is intended to supplant the nonindustrial disability insurance program provided for in Article 1.2 (commencing with Section 89529.15) of Chapter 5 of Part 55 of the Education Code, after two calendar quarters have elapsed following the effective date of the state disability insurance coverage. (Amended by Stats. 2003, Ch. 841, Sec. 1. Effective January 1, 2004.)
  162. 710.9.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A community college district may elect unemployment insurance coverage for certain employees, subject to a negotiated agreement and director approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 710.9. (a) (1) Notwithstanding Section 709, a community college district established pursuant to Part 43 (commencing with Section 70900) of Division 7 of the Education Code may elect to become an employer subject to Part 2 (commencing with Section 2601) with respect to all employees who are part of an appropriate unit established pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, if the election is the result of a negotiated agreement between the community college district and the certified employee organization, as that term is defined in subdivision (b) of Section 3540.1 of the Government Code. The community college district employer may also elect to provide coverage to its management and confidential employees and to its employees who are not part of an appropriate unit, but the election shall not be contingent upon coverage of other employees of the community college district employer. (2) Notwithstanding paragraph (1), a community college district established pursuant to Part 43 (commencing with Section 70900) of Division 7 of the Education Code that employs an academic employee, as defined in Section 87001 of the Education Code, may elect to provide coverage to permanent, part-time, or temporary academic employees, including permanent, part-time, temporary, or substitute faculty or instructors, but the election shall not be contingent upon coverage of other academic employees of the community college district employer. (b) Upon the filing of an election pursuant to subdivision (a), the filing entity shall, upon approval by the director, become an employer subject to Part 2 (commencing with Section 2601) to the same extent as other employers, and services performed by its employees who are subject to an election under this section shall constitute employment subject to that part. (c) Sections 986 and 2903 shall apply to an employer making an election pursuant to this section. (Added by Stats. 2009, Ch. 437, Sec. 1. (AB 381) Effective January 1, 2010.)
  163. 711.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Public entities and nonprofit organizations cannot have elective coverage elections remain effective for service after December 31, 1977, with limited grandfathered exceptions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 711. No election filed by any public entity, as defined by Section 605, under any provision of this division shall be effective for service performed after December 31, 1977, and included in “employment” pursuant to Section 605, except that elections approved under subdivision (b) of former Section 710 as in effect prior to January 1, 1978, shall continue in effect as of such date with respect to disability insurance coverage for those employee classifications that are exempt from civil service or merit system status who perform work equivalent to those employees of the building trades crafts that are covered by collective-bargaining agreements with respect to wages, hours, fringe benefits, and other terms and conditions of employment. No election filed by any nonprofit organization under any provision of this division shall be effective for service performed after December 31, 1977, and included in “employment” pursuant to Section 608. All such elections for coverage filed prior to January 1, 1978, shall be terminated effective December 31, 1977, except as otherwise provided by this section and except that elections to reimburse benefits shall continue in effect, subject to Section 803, unless terminated by the public entity or nonprofit organization, and it shall remain liable for its proportionate share of the additional cost of benefits paid, or of the cost of benefits (including extended duration benefits and federal-state extended benefits) paid and charged to its account in the manner provided by Section 1026 which are based on wages paid for services during the period of any election for reimbursement of benefits. (Amended by Stats. 1978, Ch. 950.)
  164. 712.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some older nonprofit organizations are exempt from unemployment contributions if they meet the listed conditions and timing requirements.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 712. To the extent permitted by federal law, no contributions shall be due from any nonprofit organization organized before 1960 which received a retroactive determination after April 1, 1981, and before April 1, 1982, that it has been a nonprofit organization from the date it was organized, which made contributions with respect to service performed in its employ prior to January 1, 1982, and which elected a method of financing and elected to use prior contributions until the additional cost of benefits reimbursable by or the cost of benefits paid and reimbursable by the nonprofit organization together with the benefits charged and chargeable to the reserve account of the nonprofit organization as the result of its prior elective coverage agreement exceed the contributions made by the nonprofit organization and credited to its reserve account pursuant to its prior elective coverage agreement. This section shall apply only to organizations which make the elections described in this section within 120 days of the time they are legally able to do so because of a change in federal law. (Amended by Stats. 1982, Ch. 872, Sec. 1.)
  165. 713.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Some nonprofit organizations are exempt from unemployment insurance contributions if they meet specified election and timing conditions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Elective Coverage [701 - 713] ( Article 4 enacted by Stats. 1953, Ch. 308. ) ## 713. To the extent permitted by federal law, no contributions shall be due from any nonprofit organization which first became compulsorily subject to this part on January 1, 1978, by reason of the enactment of the federal “Unemployment Compensation Amendments of 1976” (Public Law 94-566) and the amendment to Section 634.5 by the 1978 portion of the 1977–78 Regular Session, which elects a method of financing under Section 803 when such election first becomes available, but not later than April 1, 1978, and which also elects to use contributions paid pursuant to an elective coverage agreement of such nonprofit organization in effect prior to January 1, 1978, until the cost of benefits paid and reimbursable by the nonprofit organization together with the benefits charged and chargeable to the reserve account of the nonprofit organization as the result of its prior elective coverage agreement exceed the contributions made by the nonprofit organization and credited to its reserve account pursuant to its prior elective coverage agreement. (Added by Stats. 1978, Ch. 2.)
  166. 8.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Writing” includes recorded messages readable by ordinary visual means, and any required notice, report, petition, permit, statement, or record must be in writing in English.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 8. “Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, petition, permit, statement, or record is required by this code, it shall be made in writing in the English language. (Enacted by Stats. 1953, Ch. 308.)
  167. 801.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    A nonprofit organization may elect permitted financing for unemployment coverage, but the election needs the director’s written approval and must generally stay in effect for at least five full calendar years.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 801. (a) As used in this section, “nonprofit organization” means any corporation, community chest, fund, or foundation for which services are performed that constitute employment by compulsory coverage under Section 608. (b) A nonprofit organization may, in lieu of the contributions required of employers, elect to finance its liability for unemployment compensation benefits, extended duration benefits, and federal-state extended benefits coverage under this division by any method of financing coverage that is permitted under Section 803. (c) Any election under Section 803 of a method for financing coverage under this section shall, upon the written approval of the director, take effect with respect to services performed from and after the first day of the calendar quarter in which the election is filed with the director, and shall continue in effect for not less than five full calendar years. Thereafter the election under Section 803 may be terminated as of January 1 of any calendar year only if the nonprofit organization, on or before the 31st day of January of that year, has filed with the director a written application for termination. The director may for good cause waive the requirement that a written application for termination shall be filed on or before the 31st day of January. In no event shall the director approve any method of financing coverage by an election under Section 803 that would establish any different method of financing coverage for any calendar quarter where an election for coverage made by a nonprofit organization under Section 702.1 elects a method of financing coverage permitted under Section 803. (d) To the extent permitted by federal law, a nonprofit organization which elects reimbursement financing pursuant to this section and which has a favorable reserve account on the date the election takes effect shall not be liable for the reimbursement of benefits pursuant to the election to the extent that the cost of benefits does not exceed the amount in the reserve account. Notwithstanding Section 1029, the reserve account shall not be canceled and the cost of benefits otherwise chargeable to the organization shall be charged to the reserve account until it is exhausted. (e) Except as inconsistent with the provisions of this section, the provisions of this division and authorized regulations shall apply to any matter arising pursuant to this section. (Amended by Stats. 1984, Ch. 855, Sec. 1. Effective September 5, 1984.)
  168. 801.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    A qualifying nonprofit organization is not liable for reimbursing benefits up to the amount in its reserve account.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 801.5. To the extent permitted by federal law, a nonprofit organization which before the operative date of this section elected reimbursement financing pursuant to Section 801 and which has a favorable reserve account on the operative date of this section shall not be liable for the reimbursement of benefits pursuant to the election to the extent that the cost of benefits does not exceed the amount in the reserve account. Notwithstanding Section 1029, the reserve account shall not be canceled and the cost of benefits otherwise chargeable to the organization shall be charged to the reserve account until it is exhausted. (Added by Stats. 1984, Ch. 855, Sec. 2. Effective September 5, 1984.)
  169. 802.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    Certain public entities and Indian tribes may elect an approved method to finance unemployment compensation coverage, and the director may require reports and records.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 802. (a) The State of California, any other public entity (as defined by Section 605), or any Indian tribe as described by Section 3306(u) of Title 26 of the United States Code, or any subdivision, subsidiary, or business enterprise wholly owned by that Indian tribe, for which services are performed that do constitute employment under Section 605 may, in lieu of the contributions required of employers, elect to finance its liability for unemployment compensation benefits, extended duration benefits, and federal-state extended benefits with respect to those services by any method of financing coverage that is permitted under Section 803. (b) An election under Section 803 for financing coverage under this section shall take effect with respect to services performed from and after the first day of the calendar quarter in which the election is filed with the director, and shall continue in effect for not less than two full calendar years, unless the election is canceled by the director pursuant to paragraph (2) of subdivision (h) of Section 803. Thereafter the election under Section 803 may be terminated as of January 1 of any calendar year only if the state or other public entity or Indian tribe, on or before the 31st day of January of that year, has filed with the director a written application for termination. The director may for good cause waive the requirement that a written application for termination shall be filed on or before the 31st day of January. Financing coverage by an election under Section 803 is not valid if it would establish any different method of financing coverage for any calendar quarter where an election for coverage has also been made by the state or other public entity or Indian tribe under any provision of Article 4 (commencing with Section 701) of this chapter. (c) The director may require from the state and other public entity and Indian tribe, including an agent thereof, employment, financial, statistical, or other information and reports, properly verified, as may be deemed necessary by the director to carry out his or her duties under this division, which shall be filed with the director at the time and in the manner prescribed by him or her. (d) The director may tabulate and publish information obtained pursuant to this section in statistical form and may divulge the name of the state or other public entity or Indian tribe. (e) The state and other public entity and Indian tribe, including an agent thereof, shall keep any work records as may be prescribed by the director for the proper administration of this division. (f) Except as inconsistent with the provisions of this section, the provisions of this division and authorized regulations apply to any matter arising pursuant to this section. (Amended by Stats. 2017, Ch. 117, Sec. 3. (AB 1695) Effective January 1, 2018.)
  170. 803.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    An eligible entity may choose special financing methods for unemployment coverage, and the director can set regulations and terminate elections if the entity becomes delinquent.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 803. (a) As used in this section, “entity” means an employing unit that is authorized by Article 4 (commencing with Section 701) or by Section 801 or 802 to elect a method of financing coverage permitted by this section. (b) In lieu of the contributions required of employers, an entity may elect any one of the following: (1) To pay into the Unemployment Fund the cost of benefits, including extended duration benefits and federal-state extended benefits, paid based on base period wages with respect to employment for the entity and charged to its account in the manner provided by Section 1026, pursuant to authorized regulations that shall prescribe the rate or amount, time, manner, and method of payment or advance payment or providing a good and sufficient bond to guarantee payment of contributions. (2) Two or more entities may, pursuant to authorized regulations, file an application with the director for the establishment of a joint account for the purpose of determining the rate of contributions they shall pay into the Unemployment Fund to reimburse the fund for benefits paid with respect to employment for those entities. The members of the joint account may share the cost of benefits, including extended duration benefits and federal-state extended benefits, paid based on the base period wages with respect to employment for those members and charged to the joint account in the manner provided by Section 1026. The director shall prescribe authorized regulations for the establishment, maintenance, and dissolution of joint accounts, and for the rate or amount, time, manner, and method of payment or advance payment or providing a good and sufficient bond to guarantee payment of contributions by the members of joint accounts, on the cost of benefits charged in the manner provided by Section 1026. (c) Sections 1030, 1031, 1032, and 1032.5, and any provision of this division for the noncharging of benefits to the account of an employer, do not apply to an election under subdivision (b). The cost of benefits charged to an entity under this section shall include, but not be limited to, benefits or payments improperly paid in excess of a weekly benefit amount, or in excess of a maximum benefit amount, or otherwise in excess of the amount that should have been paid, due to any computational or other error of any type by the Employment Development Department or the Department of Benefit Payments, whether or not the error could be anticipated. (d) The cost of benefits charged to an entity under this section shall include credits of benefit overpayments actually collected by the department, unless the department determines that the payment was made because the entity, or an agent of the entity, was at fault for failing to respond timely or adequately to requests of the department for information relating to the individual claim for unemployment compensation benefits. The department shall make this determination when the entity or agent fails to respond timely or adequately in two instances relating to the individual claim for unemployment compensation benefits. This subdivision shall apply to benefit overpayments established on or after October 22, 2013. (e) In making the payments prescribed by subdivision (b), there shall be paid or credited to the Unemployment Fund, either in advance or by way of reimbursement, as may be determined by the director, any sums he or she estimates the Unemployment Fund will be entitled to receive from each entity for each calendar quarter, reduced or increased by any sum by which he or she finds that his or her estimates for any prior calendar quarter were greater or less than the amounts which should have been paid to the fund. The estimates may be made upon the basis of statistical sampling, or any other method as may be determined by the director. Upon making that determination, the director shall give notice of the determination, pursuant to Section 1206, to the entity. The director may cancel any contributions or portion thereof that he or she finds has been erroneously determined. The director shall charge to any special fund, that is responsible for the salary of any employee of an entity, the amount determined by the director for which the fund is liable pursuant to this section. The contributions due from the entity shall be paid from the liable special fund, the General Fund, or other liable fund to the Unemployment Fund by the Controller or other officer or person responsible for disbursements on behalf of the entity within 30 days of the date of mailing of the director’s notice of determination to the entity. The director for good cause may extend for not to exceed 60 days the time for paying without penalty the amount determined and required to be paid. Contributions are due upon the date of mailing of the notice of determination and are delinquent if not paid on or before the 30th day following the date of mailing of the notice. (f) An entity that fails to pay the contributions required within the time required shall be liable for interest on the contributions at the adjusted annual rate and by the method established pursuant to Section 19521 of the Revenue and Taxation Code from and after the date of delinquency until paid, and an entity that without good cause fails to pay contributions required within the time required shall pay a penalty of 10 percent of the amount of the contributions. If the entity fails to pay the contributions required on or before the delinquency date, the director may assess the entity for the amount required by the notice of determination. This subdivision does not apply to employers electing financing under Section 821, for amounts due after December 31, 1992. (g) Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to the assessment of contributions, and Chapter 7 (commencing with Section 1701) of Part 1, with respect to the collection of contributions, apply to the assessments provided by this section. Sections 1177 to 1184, inclusive, relating to refunds and overpayments, apply to amounts paid to the Unemployment Fund pursuant to this section. Sections 1222, 1223, 1224, 1241, and 1242 apply to matters arising under this section. (h) (1) The director may terminate the election of an entity for financing under this section if the entity is delinquent in the payment of advances or reimbursements required by the director under this section. After a termination, the entity may again make an election pursuant to this section, but only if it is not delinquent in the payment of contributions and not delinquent in the payment of advances or reimbursements required by the director under this section. (2) In the case of an Indian tribe (as described by Section 3306(u) of Title 26 of the United States Code), the director shall terminate all elections for the tribe and all subdivisions, subsidiaries, and business enterprises wholly owned by that tribe if the tribe or any subdivision, subsidiary, or business enterprise wholly owned by that tribe is more than 90 days delinquent in the payment of contributions, bonds, advances, reimbursements, or applicable penalties or interest required under this code, after notice to the tribe. After a termination, the Indian tribe may again make an election pursuant to this section, but only if it is not delinquent in the payment of contributions, bonds, advances, reimbursements, or applicable penalties or interest required under this code. (i) Notwithstanding any other provision of this section, an entity shall not be liable for that portion of any extended duration benefits or federal-state extended benefits that is reimbursed or reimbursable by the federal government to the State of California. (j) After the termination of an election under this section, the entity shall remain liable for its proportionate share of the cost of benefits paid and charged to its account in the manner provided by Section 1026, which are based on wages paid for services during the period of the election. That liability may be charged against any remaining balance of a prior reserve account used by the entity pursuant to Section 712 or 713. Any portion of the remaining balance shall be included in the reserve account of the entity following a termination of an election under this section which occurs prior to the expiration of a period of three consecutive years commencing with the effective date of the election. For purposes of Section 982, the period of an election under Section 803 shall, to the extent permitted by federal law, be included as a period during which a reserve account has been subject to benefit charges. (Amended by Stats. 2015, Ch. 303, Sec. 513. (AB 731) Effective January 1, 2016.)
  171. 803.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    If an entity takes over another entity, the acquiring entity’s chosen reimbursement financing rule applies to all work performed for it, and it is liable for benefits charged to the acquired entity, except in certain partial-acquisition cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 803.1. Notwithstanding any other provision of this article, if an entity acquires or succeeds to another entity in any manner, the method of reimbursement financing, in lieu of contributions required of employers, elected by the acquiring entity shall apply to all service performed in the employ of the acquiring entity. The acquiring entity shall be liable for the reimbursement of all benefits chargeable to the entity acquired under any method of reimbursement financing elected by the entity acquired, except that this provision shall not apply to the acquisition of, or succession to, less than a total entity if the remainder of the entity partially acquired or succeeded to remains in existence. “Entity” as used in this section means any entity as defined by subdivision (a) of Section 803. (Added by Stats. 1972, Ch. 833.)
  172. 803.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    A nonprofit organization that chose reimbursement financing and later acquired a favorable reserve account must reimburse certain benefits above that reserve account.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 803.2. Notwithstanding any other provision of this article, a nonprofit organization which elected reimbursement financing under Section 803 and which has acquired a previously accumulated favorable reserve account under Section 712 or 713 shall be liable for the reimbursement of benefits pursuant to such election for any benefits chargeable to the reserve account and based upon wages paid prior to such election, to the extent that such benefits exceed the previously accumulated favorable reserve account. (Amended by Stats. 1978, Ch. 2.)
  173. 804.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    The director must tell the IRS and the U.S. Department of Labor when an Indian tribe fails to make a required payment or post a bond, and must do so within 90 days after the delinquency notice date.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 804. The director shall notify the United States Internal Revenue Service and the United States Department of Labor of the failure of any Indian tribe (as described by Section 3306(u) of Title 26 of the United States Code) to make a payment or post a bond as required under subdivision (b) of Section 803 within 90 days of the delinquency date of a notice to the tribe specifying the amount due under that subdivision. If the amount due is subsequently paid by the Indian tribe, the director shall notify the United States Internal Revenue Service and the United States Department of Labor of the satisfaction of the liability. (Amended by Stats. 2015, Ch. 303, Sec. 514. (AB 731) Effective January 1, 2016.)
  174. 805.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    An eligible unregistered organization may elect reimbursement financing, but once it does, it must repay benefits costs and follow Section 803 rules.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 805. An unregistered organization described in Section 608, and which has been determined by the Internal Revenue Service to be exempt under Section 501(a) as an organization described in Section 501(c)(3) of the Internal Revenue Code, may elect reimbursement financing under Section 801 when the director finds that it has good cause for failing to register as an employer under this division. The election under Section 801 shall be from the time the organization became an employer. The organization shall, upon election, be liable for reimbursement of the cost of benefits chargeable to the organization from the time it became an employer. Payment of the cost of benefits shall be as provided in Section 803 except that benefits paid more than 30 days prior to the date of election under Section 801 shall accrue interest as provided in Section 1113. The election under Section 801 shall be subject to all provisions of Section 803. (Repealed and added by Stats. 1987, Ch. 457, Sec. 8. Effective September 9, 1987.)
  175. 806.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. )

    Verify source ↗

    The department must notify certain public entities and phase in that notice on a set schedule.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 5. Elections for Financing Unemployment Insurance Coverage [801 - 806] ( Article 5 added by Stats. 1971, Ch. 1107. ) ## 806. (a) The department shall give notice, as required by Section 1327, to each public entity, as defined by Section 605, which has elected a method of financing under Section 803 at a single address to be selected by the entity. (b) The department shall implement subdivision (a) according to the following schedule: (1) For the State of California, by July 1, 1986. (2) For all public entities with more than 100 employees, by October 1, 1986. (3) For all other local public entities, by January 1, 1987. (Added by Stats. 1985, Ch. 1217, Sec. 4. Effective September 29, 1985.)
  176. 821.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    School employers may elect to reimburse the Unemployment Fund instead of paying regular employer contributions, and special filing, reporting, and timing rules apply.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 821. (a) Each school employer may, in lieu of the contributions required of employers, elect to pay into the Unemployment Fund the cost of benefits, including extended duration benefits and federal-state extended benefits, paid based on base period wages with respect to employment for an employing unit and charged to its account in the manner provided by Section 1026, pursuant to authorized regulations that shall prescribe the rate or amount, time, manner, and method of payment or advance payment or providing a good and sufficient bond to guarantee payment of contributions. The provisions of this article shall apply to school employers who have elected financing under this section. (b) Sections 1030, 1031, 1032, and 1032.5, and any provision of this division for the noncharging of benefits to the account of an employer, shall not apply to an employing unit under subdivision (a). The cost of benefits charged to a school employer under this section shall include, but not be limited to, benefits or payments improperly paid in excess of a weekly benefit amount, or in excess of a maximum benefit amount, or otherwise in excess of the amount that should have been paid, due to any computational or other error of any type by the Employment Development Department or the Department of Benefit Payments, whether or not the error could be anticipated. (c) The cost of benefits charged to a school employer under this section shall include credits of benefit overpayments actually collected by the department, unless the department determines that the payment was made because the school employer, or an agent of the school employer, was at fault for failing to respond timely or adequately to requests of the department for information relating to the individual claim for unemployment compensation benefits. The department shall make this determination when the school employer or agent fails to respond timely or adequately in two instances relating to the individual claim for unemployment compensation benefits. This subdivision shall apply to benefit overpayments established on or after October 22, 2013. (d) In making the payments prescribed by subdivision (a), there shall be paid or credited to the Unemployment Fund, either in advance or by way of reimbursement, as may be determined by the director, any sums he or she estimates the Unemployment Fund will be entitled to receive from each employing unit for each calendar quarter, reduced or increased by any sum by which he or she finds that his or her estimates for any prior calendar quarter were greater or less than the amounts that should have been paid to the fund. These estimates may be made upon the basis of a statistical sampling, or other method as may be determined by the director. Upon making the determination, the director shall mail notice of the determination, pursuant to Section 1206, to the employing unit. The director may cancel any contributions or portion thereof that he or she finds have been erroneously determined. The contributions due from the employing units shall be paid, transferred, or credited from the School Employees Fund established in the State Treasury by Section 822 to the Unemployment Fund by the State Treasurer, State Controller, or other officer or person responsible for disbursements on behalf of the employing unit within 30 days of the date of mailing of the director’s notice of determination to the employing unit. Each employing unit shall send a copy of any and all notices, billings, or correspondence not normally routed to the administrator and the Superintendent of Public Instruction, regarding unemployment insurance for the school employees, to the administrator, the Superintendent of Public Instruction, and the county superintendent of schools, or agent thereof, with timely documentation of charges or determination. Article 8 (commencing with Section 1126) of Chapter 4 with respect to the assessment of contributions, and Chapter 7 (commencing with Section 1701) with respect to the collection of contributions, shall apply to the assessments provided by this article. Sections 1177 to 1184, inclusive, relating to refunds and overpayments, shall apply to amounts paid to the Unemployment Fund pursuant to this section. Sections 1222, 1223, 1224, 1241, and 1242 shall apply to matters arising under this section. (e) Notwithstanding any other provision of this section, no employing unit shall be liable for that portion of any extended duration benefits or federal-state extended benefits that is reimbursed or reimbursable by the federal government to the state. (f) To the extent permitted by federal law, including Section 121(e) of Public Law 94-566, any school employer that elects a method of financing under this article shall not be liable to reimburse the cost of benefits paid to any individual whose base period wages include wages for services performed prior to January 1, 1978, if the benefits are reimbursable by the federal government under Section 121 of Public Law 94-566 and to the extent that the individual would not have been eligible for the benefits had this state not provided for benefits payable based on services performed prior to January 1, 1978. (g) The administrator and the Superintendent of Public Instruction shall adopt rules and regulations for the administration of their respective functions under this article in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Regulations of the administrator shall be subject to Article 1 (commencing with Section 301) of Chapter 2 of Part 1 of Division 1. Rules and regulations of the Superintendent of Public Instruction shall not be subject to the provisions of Article 1 (commencing with Section 301) of Chapter 2 of Part 1 of Division 1. (h) Any election for financing coverage under this section shall take effect with respect to services performed from and after the first day of the calendar quarter in which the election is filed with the director, and shall continue in effect for not less than two full calendar years. Thereafter, the election under this section may be terminated as of January 1 of any calendar year only if the school employer, on or before the 31st day of January of that year, has filed with the director a written application for termination. The director may for good cause waive the requirement that a written application for termination shall be filed on or before the 31st day of January. School employers shall be prohibited from making a subsequent reelection under this section for 10 years from the date of termination of an election under this section. An election for financing coverage under this section is deemed to have been filed by every school employer effective as of January 1, 1976, is deemed to have been in effect for two calendar years prior to January 1, 1978, and may be terminated as of January 1, 1978, or as of January 1, 1980, or any later January 1 pursuant to this section. Upon the termination of any election under this section, the school employer shall be and remain liable for all benefits paid based upon wages paid by the school employer during the period of an election under this section. (Amended by Stats. 2012, Ch. 783, Sec. 2. (AB 1845) Effective January 1, 2013.)
  177. 821.3.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    For this article, “administrator” means the Director of Employment Development.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 821.3. As used in this article, “administrator” means the Director of Employment Development. (Amended by Stats. 1977, Ch. 1252.)
  178. 821.4.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    This section defines “employing unit” and “school employer” for this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 821.4. As used in this article, “employing unit” and “school employer” means the governing board of any school district or community college district, any county board of education, any county superintendent of schools, or any personnel commission of a school district or community college district which has a merit system pursuant to any provision of the Education Code, or any instrumentality of the foregoing, or any instrumentality of more than one of the foregoing, which employs one or more employees. (Added by Stats. 1978, Ch. 2.)
  179. 821.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    For claims and matters under this article, the related Article 3 rules and other non-conflicting provisions of this part apply.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 821.5. The provisions of Article 3 (commencing with Section 1326) of Chapter 5 of this part relating to filing, determination, and payments of unemployment compensation benefit claims, and all other provisions of this part not inconsistent with this article, shall apply to all claims and matters arising under this article. (Added by Stats. 1972, Ch. 319.)
  180. 822.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    The School Employees Fund is created in the State Treasury, and the Controller may use its money for loans to the General Fund under the cited Government Code sections.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 822. (a) There is hereby established in the State Treasury the “School Employees Fund.” The School Employees Fund is the successor of the “Classified School Employees Fund.” Moneys received pursuant to Section 823, together with any charges, notices, fees, interest, penalties, assessments, or other revenue, shall be deposited in this fund. All moneys in the fund are hereby appropriated to the administrator without regard to fiscal year for carrying out the purposes of this article, for administrative costs, for making refunds, and for investment through the Surplus Money Investment Fund, with any interest or earnings credited to the School Employees Fund. Funds to be used for administrative costs shall be budgeted and expended in accordance with existing state law. (b) Notwithstanding any other law, the Controller may use the moneys in the School Employees Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the School Employees Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the School Employees Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 20. Effective February 20, 2009.)
  181. 823.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    School employers must budget and remit quarterly contribution payments to the Treasurer for the School Employees Fund, and the administrator must notify employers of the next fiscal year’s rate by March 31.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 823. (a) For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employer’s behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund. (b) (1) For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages. The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year. (2) The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent. (c) If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the fund’s School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority. (d) This section shall become operative on January 1, 2024. (Repealed (in Sec. 8) and added by Stats. 2021, Ch. 78, Sec. 9. (AB 138) Effective July 16, 2021. Operative January 1, 2024, by its own provisions.)
  182. 826.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    The School Employees Fund administrator must transfer interest earnings to specified education authorities to fund an unemployment insurance management system and appeals program.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 826. The administrator of the School Employees Fund shall, based on the total number of covered employees reflected on reports received by March 31, 1978, and by November 30, 1978, and each year thereafter by November 30, make a transfer from available interest earnings pursuant to investments authorized by Section 822 to the Superintendent of Public Instruction or Chancellor of the California Community Colleges to support an Unemployment Insurance Management System and appeals program as set forth in Section 1330 of the Education Code. Such transfers shall be equal to two dollars ($2) per covered employee, less administrative costs of the Superintendent of Public Instruction and the Chancellor of the California Community Colleges, and shall be made by April 30, 1978, and by December 31, 1978, and each year thereafter by December 31, to the Superintendent of Public Instruction or Chancellor of the California Community Colleges, as appropriate, and expended only for the purposes set forth in Section 1330 of the Education Code. (Amended by Stats. 1978, Ch. 2.)
  183. 827.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    If the School Employees Fund’s net interest balance exceeds $2,000,000 at the end of a fiscal year, the excess must be credited to school employers with positive balances in proportion to their balances.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 827. Whenever the unencumbered balance of interest deposited in or earned by the School Employees Fund, after deducting administrative expenses paid or encumbered, exceeds two million dollars ($2,000,000) as of the close of each fiscal year, the unencumbered balance shall be credited as of the close of that fiscal year to the account of each school employer which has a positive balance in the fund, in the proportion that each positive account balance bears to the total of all positive account balances. (Added by Stats. 1984, Ch. 1018, Sec. 1.)
  184. 828.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    School employers must pay a quarterly local experience charge, and the administrator must notify them of the rate by March 31 each year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 828. Each school employer shall be responsible for a quarterly local experience charge as set forth below, together with the charges or penalties set by the administrator for administrative indiscretions, including tardiness and error, as well as all costs for benefits and administration resulting from failure to properly cover an employee. The reimbursement for charges shall be delinquent 30 days from the date of notice and if not paid within the time required, the school employer shall pay a penalty of 10 percent of the unpaid amount, plus interest at the adjusted annual rate established pursuant to Section 19521 of the Revenue and Taxation Code from and after the date of delinquency until paid. The local experience charge to be levied against each school employer shall be computed as follows: ## Local Experience Charge (a) The local experience charge rate shall be 10 percent for the first three complete fiscal years of participation in the School Employees Fund. (b) The local experience charge rate for the fourth fiscal year, and each succeeding fiscal year, shall be determined by dividing the reserve balance at the end of the fiscal year which began 24 months prior to the fiscal year for which the rate is being calculated by the benefits paid for that same prior fiscal year. The factor derived is the employer’s reserve ratio. If, as of the computation date, the school employer’s reserve ratio equals or exceeds that which appears on any line in column 1 of the following table, but is less than that which appears in column 2 of that table, the local experience charge rate shall be the figure appearing on that same line in column 3 of that table. (Column 1)(Column 2)(Column 3)LineReserve RatioRate1 ........................ negativeto1.0015%2 ........................ 1.00to2.0010%3 ........................ 2.00to3.00 5%4 ........................ 3.00ormore 0%(c) The rate determined in subdivision (a) or (b) shall be multiplied by the employer’s quarterly benefit charges to compute the local experience charges. The administrator shall, not later than March 31 of each year, notify each school employer participating in the School Employees Fund of their local experience charge rate for the succeeding fiscal year. (Amended by Stats. 2005, Ch. 152, Sec. 8. Effective January 1, 2006.)
  185. 829.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    School employers, county superintendents of schools, or empowered entities must reimburse the School Employees Fund based on the local experience charge, subject to a cap.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 829. The total amount of the local experience charge computed for each school employer pursuant to Section 828 shall be the amount that the school employer, county superintendent of schools, or empowered entity shall, on behalf of the employers under that jurisdiction, reimburse the School Employees Fund in the State Treasury. However, this amount shall not exceed 1.7 percent of the actual annual wages paid by a school employer in the immediately preceding calendar year as indicated in the four quarterly reports to the department. (Amended by Stats. 1993, Ch. 854, Sec. 3. Effective January 1, 1994.)
  186. 831.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    This section creates a five-person School Employer Advisory Committee and requires it to choose a chairperson and meet with the administrator at least twice a year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 831. There is hereby created a School Employer Advisory Committee of five persons. The committee shall consist of one person appointed by each of the following: the State Superintendent of Public Instruction, Chancellor of the California Community Colleges, Association of School Administrators, California School Business Officials, and the California School Board Association. All such members shall serve at the pleasure of the appointing power and their only compensation shall be per diem expenses for attending meetings, which shall be a cost of administration of the School Employees Fund. The advisory committee shall select a chairperson and meet at least semiannually with the administrator to consider and recommend improvements concerning the administration of this article. (Added by Stats. 1978, Ch. 947.)
  187. 832.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. )

    Verify source ↗

    The administrator must annually calculate and report school employer experience data, including listing and ranking all school employers by ratio of use.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 3. Scope or Coverage [601 - 832] ( Chapter 3 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 6. Financing Unemployment Insurance Coverage for Public School Employees [821 - 832] ( Article 6 added by Stats. 1972, Ch. 319. ) ## 832. The administrator shall at least annually calculate, as of the close of and for the immediately preceding fiscal year, the experiences of school employers relative to usage of the Unemployment Fund. The calculations shall include tabulations on the experience of each school employer in relation to the expenditures from and the income to the School Employees Fund from the wages paid by the employer. All school employers shall be listed and ranked by ratio of use. The report shall contain comments and recommendations on improvements to the administration, enforcement, and financing of the provisions relative to this article. The report by the administrator on the above shall be made each year to the affected school employer and governing board thereof prior to March 31. The administrator shall develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers’ experience related to use and exposure. Data shall relate to numbers of employees and types of programs and shall be calculated as of the close of and for the immediately preceding fiscal year. A report by the administrator on the above shall be made each year to the Legislature prior to March 31 containing comments and recommendations on improvement to administration, enforcement and financing of the provisions relative thereto. (Amended by Stats. 2002, Ch. 29, Sec. 8. Effective January 1, 2003.)
  188. 9.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

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    This section defines “section” and “subdivision” for the code.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 9. “Section” means a section of this code unless some other statute is specifically mentioned, and “subdivision” means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1953, Ch. 308.)
  189. 9000.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. )

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    This section states California’s public policy goals for employment services and manpower planning.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. ) ## 9000. The Legislature hereby makes the following declaration of purpose and intent in enacting the Employment Development Act of 1973. It is the public policy of the State of California to provide for comprehensive statewide and local manpower planning, to improve the efficiency of, and the accountability for, delivery systems for manpower programs, to promptly place job-ready individuals in suitable jobs, to provide qualified job applicants to employers, to assist potentially employable individuals to become job ready, and to create employment opportunities. (Repealed and added by Stats. 1973, Ch. 1207.)
  190. 9001.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. )

    Verify source ↗

    This section states legislative findings and intent about organizing and funding job training and placement services efficiently.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. ) ## 9001. In enacting the Employment Development Act of 1973, the Legislature further finds and declares that it is essential to the health and welfare of the people of this state that action be taken by local, state and federal governments to effectively and economically utilize public funds for job training and placement services. To achieve this, it is necessary that: (a) Explicit priorities be established for the allocation of these funds to ensure that they are first used to assist those in greatest need for job training and placement services; (b) Definitive goals be established for the total system of job training and placement services to maximize the effectiveness of the system in assisting individuals to find and maintain gainful, competitive employment; (c) Efforts be made to enlist the full support of private industry in securing jobs for enrollees of training programs, and a closer, more integrated and coordinated effort be established with the federal government as well as state and local public and private agencies involved in performing job training and placement services; and (d) New approaches involving improved services and changes in traditional organization structures be used to assist persons in economically disadvantaged areas. It is hereby declared to be the intent of the Legislature to concentrate and account for the funds available for job training and placement services in one state agency whose functions shall be subject to periodic review by the Legislature and appropriate federal agencies, and to which is assigned the responsibility for the efficient administration of job training and placement services in this state and the allocation of these funds to the end that such funds will be more effectively utilized and will be directed primarily to those areas of the state with the largest concentrations of chronically unemployed persons. It is the further intent of the Legislature (a) to maintain policy control over all job training and placement programs administered by the department pursuant to this part to the maximum extent feasible, consistent with effective program operations, (b) to organize existing job training and placement programs now operating in the state into a coordinated system designed to remove employable persons from dependency on public assistance, and to enlist the full support of private industry in securing jobs, (c) to use funds for job training and placement services in a flexible manner to provide needed services for individuals through contractual arrangements with public and private agencies, (d) to provide a unified system for timely delivery of improved job training placement and related services to eligible persons including individual case responsibility, an outreach effort to seek out those persons who need but do not apply for services, followup to insure that the needs of eligible persons and their families are met, dissemination of information and knowledge to residents of the economically disadvantaged area about available services, and location of services in areas readily accessible to those who need them, and (e) to involve members of each community in identifying the needs to be met and relating them to the services available in order to reduce the isolation of the disadvantaged from their government and the community as a whole and to improve their confidence in government at all levels. (Amended by Stats. 1973, Ch. 1207.)
  191. 9002.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. )

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    The Secretary of the Health and Welfare Agency must coordinate certain job training and placement programs with the federal government, and agencies must first submit related plans to the Secretary for review. The Health and Welfare Agency may also require state departments to contract for services.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. ) ## 9002. Subject to the provisions of Sections 9600 and 9605, the Secretary of the Health and Welfare Agency shall coordinate all job training placement, and related programs, conducted by state agencies, with the federal government and ensure that there is no duplication of the programs among state agencies and that all agreements, contracts, plans, or programs conform to the provisions of this part. Any plan proposed to be submitted by any agency to the federal government in relation to a job training, placement, or related program, shall first be submitted to the Secretary of the Health and Welfare Agency for his or her review. The Health and Welfare Agency may require state departments to contract with it for services to carry out the provisions of this part. (Amended by Stats. 1981, Ch. 714, Sec. 433.)
  192. 9003.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. )

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    Individuals with disabilities who are clients of the Department of Rehabilitation cannot be barred from participating in manpower programs if the department certifies them as potentially employable.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. ) ## 9003. Notwithstanding any other provisions of this code, individuals with disabilities who are clients of the Department of Rehabilitation shall not be barred as participants in manpower programs, including, but not limited to, retraining programs, work incentive programs, job training and placement programs, career opportunity development programs, and vocational educational programs, because of their mental or physical disability when certified by the Department of Rehabilitation as being potentially employable. (Amended by Stats. 2005, Ch. 152, Sec. 29. Effective January 1, 2006.)
  193. 9004.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. )

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    A covered provision becomes inoperative, to the extent of the conflict, after a formal ruling from certain federal officials finds it cannot be given effect without federal nonconformity or decertification-related consequences.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 1. General Provisions [9000 - 9004] ( Article 1 added by Stats. 1968, Ch. 1460. ) ## 9004. Upon receipt of a formal ruling from the United States Secretary of Labor, the United States Secretary of Health and Human Services, or the head of any federal agency that any provision of Chapter 1206 of the Statutes of 1973 or Chapter 1212 of the Statutes of 1973 cannot be given effect without causing the state’s plan to be out of conformity with federal requirements or would result in decertification of provisions of this code and notification of intention to withdraw federal funds from the state, that provision shall become inoperative to the extent that it is not in conformity with federal requirements. (Amended by Stats. 1985, Ch. 106, Sec. 159.)
  194. 901.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    The definitions in this article apply only to this chapter.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 901. The definitions set forth in this article are applicable to this chapter only. (Enacted by Stats. 1953, Ch. 308.)
  195. 902.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    “Computation date” means the close of business on June 30 each year, used to establish contribution rates for the next calendar year.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 902. “Computation date” means the close of business on June 30th, of each calendar year for the purpose of establishing contribution rates for the next succeeding calendar year. (Amended by Stats. 1957, Ch. 1184.)
  196. 903.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    “Rating period” means the full calendar year after a computation date.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 903. “Rating period” means the full calendar year next succeeding any computation date. (Amended by Stats. 1957, Ch. 1184.)
  197. 904.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    This section defines “net balance of reserve” for unemployment insurance purposes.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 904. “Net balance of reserve” means the excess, if any, of credits required to be made to any employer’s account over the charges against that account as of any computation date. (Enacted by Stats. 1953, Ch. 308.)
  198. 905.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    This section defines “average base pay roll” as a three-year average of taxable wages paid by an employer.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 905. “Average base pay roll” means the quotient obtained by dividing by three the total amount of taxable wages paid by an employer during the most recent period of three consecutive calendar years immediately preceding the computation date. (Enacted by Stats. 1953, Ch. 308.)
  199. 906.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. )

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    This section defines what counts as “contributions paid on his own behalf.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 4. Contributions and Reports [901 - 1243] ( Chapter 4 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Definitions [901 - 906] ( Article 1 enacted by Stats. 1953, Ch. 308. ) ## 906. “Contributions paid on his own behalf” means: (a) All contributions paid under this part to the Unemployment Fund on behalf of an employer with respect to wages paid by him on or before the computation date for any rating period, which have been paid on or before the end of the calendar month next succeeding such computation date. (b) Any additional amount of contributions paid under this part to the Unemployment Fund on behalf of an employer with respect to wages paid by him on or before the computation date for any rating period, which have been assessed pursuant to Section 1036 and have been paid before the delinquent date for the calendar quarter in which he is given notice of the assessment pursuant to Section 1036. (c) Any additional contributions paid pursuant to Section 976.5. (Amended by Stats. 1989, Ch. 1146, Sec. 2.)
  200. 9100.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 2. Definitions [9100 - 9115] ( Article 2 added by Stats. 1968, Ch. 1460. )

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    The definitions in this article control how this division is interpreted, unless the context requires otherwise.

    ## Unemployment Insurance Code - UIC ## DIVISION 3. EMPLOYMENT SERVICES PROGRAMS [9000 - 11024] ( Heading of Division 3 amended by Stats. 1973, Ch. 1207. ) ## PART 1. EMPLOYMENT AND EMPLOYABILITY SERVICES [9000 - 11024] ( Heading of Part 1 amended by Stats. 1973, Ch. 1207. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9115] ( Chapter 1 added by Stats. 1968, Ch. 1460. ) ## ARTICLE 2. Definitions [9100 - 9115] ( Article 2 added by Stats. 1968, Ch. 1460. ) ## 9100. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Amended by Stats. 1973, Ch. 1207.)

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