Section 1703.6 Of Article 3. Other Talent Services From California Labor Code >> Division 2. >> Part 6. >> Chapter 4.5. >> Article 3.
1703.6
. This article does not apply to any of the following:
(a) An entity described in subdivisions (a), (b), (d), (e), and
(f) of Section 1702.4.
(b) (1) A private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and satisfies either of the
following:
(A) The institution conforms to the requirements of Article 5
(commencing with Section 33190) of Chapter 2 of Part 20 of Division 2
of Title 2 of the Education Code.
(B) More than 90 percent of the students to whom instruction,
training, or education is provided during any semester or other term
of instruction have completed or terminated their secondary education
or are beyond the age of compulsory high school attendance. A person
claiming exemption under this subparagraph shall maintain adequate
records to establish the age of its students, including the name,
date of birth, principal residence address, principal telephone
number, driver's license number and state of issuance thereof, and
dates of attendance, and shall make them available for inspection and
copying within 24 hours of a written request by the Labor
Commissioner, the Attorney General, a district attorney, a city
attorney, or a state or local law enforcement agency. The inspecting
party shall maintain the confidentiality of any personal identifying
information contained in the records maintained pursuant to this
section, and shall not share, sell, or transfer the information to
any third party unless it is otherwise authorized by state or federal
law.
(2) A person claiming an exemption under this subdivision has the
burden of producing evidence to establish the exemption.
(c) A psychologist or psychological corporation, licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, that provides psychological
assessment, career or occupational counseling, or consultation and
related professional services within the scope of its practice.
(d) An educational psychologist, licensed pursuant to Article 1
(commencing with Section 4980) of Chapter 13 of Division 2 of the
Business and Professions Code, who provides counseling services
within the scope of his or her practice.
(e) A talent listing service, if all of the following apply:
(1) A majority interest in the service is owned by one or more
colleges or universities, or alumni associations affiliated
therewith, and each of the colleges or universities is accredited by
an accrediting agency recognized by the United States Department of
Education and a member organization of the Council of Postsecondary
Accreditation.
(2) The service provides services exclusively for artists who are
the alumni of colleges or universities specified in paragraph (1).
(3) The service does not require, as a condition to receiving
services, an applicant to have completed courses or examinations
beyond the requirements for graduation from the applicant's college
or university specified in paragraph (1).
(4) More than 50 percent of the annual revenues received by the
service are derived from paid subscriptions of prospective employers.
(f) A public library.