As used in this part, the following definitions apply:
(a) (1) "Domestic work" means services related to the care of
persons in private households or maintenance of private households or
their premises. Domestic work occupations include childcare
providers, caregivers of people with disabilities, sick,
convalescing, or elderly persons, house cleaners, housekeepers,
maids, and other household occupations.
(2) "Domestic work" does not include care of persons in facilities
providing board or lodging in addition to medical, nursing,
convalescent, aged, or child care, including, but not limited to,
residential care facilities for the elderly.
(b) (1) "Domestic work employee" means an individual who performs
domestic work and includes live-in domestic work employees and
(2) "Domestic work employee" does not include any of the
(A) Any person who performs services through the In-Home
Supportive Services program under Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95,
14132.952, and 14132.956 of, the Welfare and Institutions Code.
(B) Any person who is the parent, grandparent, spouse, sibling,
child, or legally adopted child of the domestic work employer.
(C) Any person under 18 years of age who is employed as a
babysitter for a minor child of the domestic work employer in the
(D) Any person employed as a casual babysitter for a minor child
in the domestic employer's home. A casual babysitter is a person
whose employment is irregular or intermittent and is not performed by
an individual whose vocation is babysitting. If a person who
performs babysitting services on an irregular and intermittent basis
does a significant amount of work other than supervising, feeding,
and dressing a child, this exemption shall not apply and the person
shall be considered a domestic work employee. A person who is a
casual babysitter who is over 18 years of age retains the right to
payment of minimum wage for all hours worked, pursuant to Wage Order
No. 15-2001 of the Industrial Welfare Commission.
(E) Any person employed by a licensed health facility, as defined
in Section 1250 of the Health and Safety Code.
(F) Any person who is employed pursuant to a voucher issued
through a regional center or who is employed by, or contracts with,
an organization vendored or contracted through a regional center or
the State Department of Developmental Services pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
or the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and support for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
any funding for those services is provided through the State
Department of Developmental Services.
(G) Any person who provides child care and who, pursuant to
subdivision (d) or (f) of Section 1596.792 of the Health and Safety
Code, is exempt from the licensing requirements of Chapters 3.4
(commencing with Section 1596.70), 3.5 (commencing with Section
1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of
the Health and Safety Code, if the parent or guardian of the child to
whom child care is provided receives child care and development
services pursuant to any program authorized under the Child Care and
Development Services Act (Chapter 2 (commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of the Education Code) or the
California Work Opportunity and Responsibility to Kids Act (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code).
(c) (1) "Domestic work employer" means a person, including
corporate officers or executives, who directly or indirectly, or
through an agent or any other person, including through the services
of a third-party employer, temporary service, or staffing agency or
similar entity, employs or exercises control over the wages, hours,
or working conditions of a domestic work employee.
(2) "Domestic work employer" does not include any of the
(A) Any person or entity that employs or exercises control over
the wages, hours, or working conditions of an individual who performs
domestic work services through the In-Home Supportive Services
program under Article 7 (commencing with Section 12300) of Chapter 3
of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and
14132.956 of, the Welfare and Institutions Code or who is eligible
for that program.
(B) An employment agency that complies with Section 1812.5095 of
the Civil Code and that operates solely to procure, offer, refer,
provide, or attempt to provide work to domestic workers if the
relationship between the employment agency and the domestic workers
for whom the agency procures, offers, refers, provides, or attempts
to provide domestic work is characterized by all of the factors
listed in subdivision (b) of Section 1812.5095 of the Civil Code and
Section 687.2 of the Unemployment Insurance Code.
(C) A licensed health facility, as defined in Section 1250 of the
Health and Safety Code.
(d) "Personal attendant" means any person employed by a private
householder or by any third-party employer recognized in the health
care industry to work in a private household, to supervise, feed, or
dress a child, or a person who by reason of advanced age, physical
disability, or mental deficiency needs supervision. The status of
personal attendant shall apply when no significant amount of work
other than the foregoing is required. For purposes of this
subdivision, "no significant amount of work" means work other than
the foregoing did not exceed 20 percent of the total weekly hours