AB 206: Workers’ compensation: employees.

Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires an employer to carry workers compensation insurance or secure the payment of compensation for an employee and makes the failure to do so a misdemeanor.

Existing law defines an employee, for purposes of the laws governing workers compensation, to include, among other persons, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant, except as specified. Existing law excludes from the above definition of employee a person whose employment by the employer to be held liable was during the 90 calendar days immediately preceding the date of injuries, as specified, or was during the 90 calendar days immediately preceding the date of the last employment, as specified, and either was, or was contracted to be, for less than 52 hours or was, or was contracted to be, for wages of not more than $100.

This bill would specify that the above definition of employee applies without regard to immigration status. The bill would also remove the exclusion for an employee who was employed, or was contracted to be employed, for less than 52 hours, include within the above definition of an employee, a person who is a day laborer, as defined, thereby expanding the definition of employee for purposes of the laws governing workers compensation and expanding the scope of a crime. The bill would make additional conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.