2750. The contract of employment is a contract by which one, who is
called the employer, engages another, who is called the employee, to
do something for the benefit of the employer or a third person.
2750.5. There is a rebuttable presumption affecting the burden of
proof that a worker performing services for which a license is
required pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, or who is performing
such services for a person who is required to obtain such a license
is an employee rather than an independent contractor. Proof of
independent contractor status includes satisfactory proof of these
factors:
(a) That the individual has the right to control and discretion as
to the manner of performance of the contract for services in that
the result of the work and not the means by which it is accomplished
is the primary factor bargained for.
(b) That the individual is customarily engaged in an independently
established business.
(c) That the individual's independent contractor status is bona
fide and not a subterfuge to avoid employee status. A bona fide
independent contractor status is further evidenced by the presence of
cumulative factors such as substantial investment other than
personal services in the business, holding out to be in business for
oneself, bargaining for a contract to complete a specific project for
compensation by project rather than by time, control over the time
and place the work is performed, supplying the tools or
instrumentalities used in the work other than tools and
instrumentalities normally and customarily provided by employees,
hiring employees, performing work that is not ordinarily in the
course of the principal's work, performing work that requires a
particular skill, holding a license pursuant to the Business and
Professions Code, the intent by the parties that the work
relationship is of an independent contractor status, or that the
relationship is not severable or terminable at will by the principal
but gives rise to an action for breach of contract.
In addition to the factors contained in subdivisions (a), (b), and
(c), any person performing any function or activity for which a
license is required pursuant to Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code shall hold a
valid contractors' license as a condition of having independent
contractor status.
For purposes of workers' compensation law, this presumption is a
supplement to the existing statutory definitions of employee and
independent contractor, and is not intended to lessen the coverage of
employees under Division 4 and Division 5.
2750.6. There is a rebuttable presumption affecting the burden of
proof that a physician and surgeon, licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code,
who enters into a contract for the performance of health services on
behalf of a licensed primary care clinic, as defined in paragraph (1)
of subdivision (a) of Section 1204 of the Health and Safety Code, is
an independent contractor rather than an employee. Nothing in this
section shall authorize the employment of a physician and surgeon to
provide professional services when the employment would violate any
other provision of law.
2751. Whenever any employer who has no permanent and fixed place of
business in this State enters into a contract of employment with an
employee for services to be rendered within this State and the
contemplated method of payment of the employee involves commissions,
the contract shall be in writing and shall set forth the method by
which the commissions shall be computed and paid.
The employer shall give a signed copy of each such contract to
every employee who is a party thereto and shall obtain a signed
receipt for the contract from each employee.
As used in this section, "commissions" does not include short term
productivity bonuses such as are paid to retail clerks; and it does
not include bonus and profit-sharing plans, unless there has been an
offer by the employer to pay a fixed percentage of sales or profits
as compensation for work to be performed.
2752. Any employer who does not employ an employee pursuant to a
written contract as required by Section 2751 shall be liable to the
employee in a civil action for triple damages.
2750. The contract of employment is a contract by which one, who is
called the employer, engages another, who is called the employee, to
do something for the benefit of the employer or a third person.
2750.5. There is a rebuttable presumption affecting the burden of
proof that a worker performing services for which a license is
required pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, or who is performing
such services for a person who is required to obtain such a license
is an employee rather than an independent contractor. Proof of
independent contractor status includes satisfactory proof of these
factors:
(a) That the individual has the right to control and discretion as
to the manner of performance of the contract for services in that
the result of the work and not the means by which it is accomplished
is the primary factor bargained for.
(b) That the individual is customarily engaged in an independently
established business.
(c) That the individual's independent contractor status is bona
fide and not a subterfuge to avoid employee status. A bona fide
independent contractor status is further evidenced by the presence of
cumulative factors such as substantial investment other than
personal services in the business, holding out to be in business for
oneself, bargaining for a contract to complete a specific project for
compensation by project rather than by time, control over the time
and place the work is performed, supplying the tools or
instrumentalities used in the work other than tools and
instrumentalities normally and customarily provided by employees,
hiring employees, performing work that is not ordinarily in the
course of the principal's work, performing work that requires a
particular skill, holding a license pursuant to the Business and
Professions Code, the intent by the parties that the work
relationship is of an independent contractor status, or that the
relationship is not severable or terminable at will by the principal
but gives rise to an action for breach of contract.
In addition to the factors contained in subdivisions (a), (b), and
(c), any person performing any function or activity for which a
license is required pursuant to Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code shall hold a
valid contractors' license as a condition of having independent
contractor status.
For purposes of workers' compensation law, this presumption is a
supplement to the existing statutory definitions of employee and
independent contractor, and is not intended to lessen the coverage of
employees under Division 4 and Division 5.
2750.6. There is a rebuttable presumption affecting the burden of
proof that a physician and surgeon, licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code,
who enters into a contract for the performance of health services on
behalf of a licensed primary care clinic, as defined in paragraph (1)
of subdivision (a) of Section 1204 of the Health and Safety Code, is
an independent contractor rather than an employee. Nothing in this
section shall authorize the employment of a physician and surgeon to
provide professional services when the employment would violate any
other provision of law.
2751. Whenever any employer who has no permanent and fixed place of
business in this State enters into a contract of employment with an
employee for services to be rendered within this State and the
contemplated method of payment of the employee involves commissions,
the contract shall be in writing and shall set forth the method by
which the commissions shall be computed and paid.
The employer shall give a signed copy of each such contract to
every employee who is a party thereto and shall obtain a signed
receipt for the contract from each employee.
As used in this section, "commissions" does not include short term
productivity bonuses such as are paid to retail clerks; and it does
not include bonus and profit-sharing plans, unless there has been an
offer by the employer to pay a fixed percentage of sales or profits
as compensation for work to be performed.
2752. Any employer who does not employ an employee pursuant to a
written contract as required by Section 2751 shall be liable to the
employee in a civil action for triple damages.
2750. The contract of employment is a contract by which one, who is
called the employer, engages another, who is called the employee, to
do something for the benefit of the employer or a third person.
2750.5. There is a rebuttable presumption affecting the burden of
proof that a worker performing services for which a license is
required pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, or who is performing
such services for a person who is required to obtain such a license
is an employee rather than an independent contractor. Proof of
independent contractor status includes satisfactory proof of these
factors:
(a) That the individual has the right to control and discretion as
to the manner of performance of the contract for services in that
the result of the work and not the means by which it is accomplished
is the primary factor bargained for.
(b) That the individual is customarily engaged in an independently
established business.
(c) That the individual's independent contractor status is bona
fide and not a subterfuge to avoid employee status. A bona fide
independent contractor status is further evidenced by the presence of
cumulative factors such as substantial investment other than
personal services in the business, holding out to be in business for
oneself, bargaining for a contract to complete a specific project for
compensation by project rather than by time, control over the time
and place the work is performed, supplying the tools or
instrumentalities used in the work other than tools and
instrumentalities normally and customarily provided by employees,
hiring employees, performing work that is not ordinarily in the
course of the principal's work, performing work that requires a
particular skill, holding a license pursuant to the Business and
Professions Code, the intent by the parties that the work
relationship is of an independent contractor status, or that the
relationship is not severable or terminable at will by the principal
but gives rise to an action for breach of contract.
In addition to the factors contained in subdivisions (a), (b), and
(c), any person performing any function or activity for which a
license is required pursuant to Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code shall hold a
valid contractors' license as a condition of having independent
contractor status.
For purposes of workers' compensation law, this presumption is a
supplement to the existing statutory definitions of employee and
independent contractor, and is not intended to lessen the coverage of
employees under Division 4 and Division 5.
2750.6. There is a rebuttable presumption affecting the burden of
proof that a physician and surgeon, licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code,
who enters into a contract for the performance of health services on
behalf of a licensed primary care clinic, as defined in paragraph (1)
of subdivision (a) of Section 1204 of the Health and Safety Code, is
an independent contractor rather than an employee. Nothing in this
section shall authorize the employment of a physician and surgeon to
provide professional services when the employment would violate any
other provision of law.
2751. Whenever any employer who has no permanent and fixed place of
business in this State enters into a contract of employment with an
employee for services to be rendered within this State and the
contemplated method of payment of the employee involves commissions,
the contract shall be in writing and shall set forth the method by
which the commissions shall be computed and paid.
The employer shall give a signed copy of each such contract to
every employee who is a party thereto and shall obtain a signed
receipt for the contract from each employee.
As used in this section, "commissions" does not include short term
productivity bonuses such as are paid to retail clerks; and it does
not include bonus and profit-sharing plans, unless there has been an
offer by the employer to pay a fixed percentage of sales or profits
as compensation for work to be performed.
2752. Any employer who does not employ an employee pursuant to a
written contract as required by Section 2751 shall be liable to the
employee in a civil action for triple damages.
