RTGR Law LLP | Office Locations
510.338.3166   510.338.3167

Our Blog

Residential Employee Status Expanded

Residential Employee Status Expanded

In the recent Workers’ Compensation Appeals Board (WCAB) panel decision of Arambul v. Alejandra Ortiz, the WCAB commissioners highlighted the significant changes made to Labor Code Section 3352(a)(8) and found that since the residential worker was contracted to work for more than 52 hours of work and contracted to earn more than $100, he must be considered an “employee” for workers’ compensation purposes.

Historically, under Labor Code Section 3352(a)(8), a person “employed by the owner or occupant of a residential dwelling…” (Labor Code Section 3351(d)) had to actually have worked at the residence for at least 52 hours during the 90 days immediately preceding the date of injury and had to have earned at least $100.00 during that period to be considered an “employee” for workers’ compensation purposes.

However, these requirements changed effective January 1, 2017 pursuant to Assembly Bill 2883, which added language to Labor Code Section 3352(a)(8) so that the period of employment need only be contracted to last for more than 52 hours and only need to be contracted to cost more than $100.00 in order to be considered an “employee.”

This is significant expansion of those residential workers who are now eligible for workers’ compensation benefits, and may lead to more litigation over the facts and the terms of oral contracts for hire, for example.

Tags: , ,

Leave a Comment