Section 13004.1 Of Chapter 1. General Provisions From California Unemployment Insurance Code >> Division 6. >> Chapter 1.
13004.1
. "Employee" does not include any individual if all of the
following conditions exist:
(a) The individual is licensed pursuant to the provisions of Part
1 (commencing with Section 10000) of Division 4 of the Business and
Professions Code and is performing services in the capacity of a
licensee, or the individual is engaged in the trade or business of
primarily in-person demonstration and sales presentation of consumer
products, including services or other intangibles, in the home or
sales to any buyer on a buy-sell basis, a deposit-commission basis,
or any similar basis, for resale by the buyer or any other person in
the home or otherwise than in a retail or wholesale establishment.
(b) Substantially all of the remuneration (whether or not paid in
cash) for the services performed by that individual is directly
related to sales or other output (including the performance of
services) rather than to the number of hours worked by that
individual.
(c) The services performed by the individual are performed
pursuant to a written contract between that individual and the person
for whom the services are performed and the contract provides that
the individual will not be treated as an employee with respect to
those services for state tax purposes.