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Private Residence/Domestic Employees

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Private Residence/Domestic Employees

May 11, 2016

WCIRB Customer Service frequently receives questions about how to classify domestic or private residence employees. The California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (USRP) and the Standard Classification System do not apply to domestic or private residence employees. The USRP addresses this issue in Appendix II, Payroll/Remuneration Table:

Appendix II 
Payroll/Remuneration Table


Type of Compensation

Is Payment included as Payroll?

Exception or Comment


Domestics
(Remuneration paid to)

 

See "Private Residence
Employees"


Private Residence Employees
(Remuneration paid to)
Private Residence Employees as defined by Labor Code Section 3351(d)).

Pursuant to Section 3351(d), a private residence employee includes any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.

No

Pursuant to California Insurance Code Sections 11592 and 11758.1, the rates, classifications and rating systems for workers’ compensation do not apply to the workers’ compensation insurance covering those persons defined as employees by Labor Code Section 3351(d). Accordingly, payroll or losses developed by private residence employees shall not be reported on unit statistical reports.

The rates and classifications applicable to private residence employees may be determined by the insurer affording coverage in accordance with the provisions of the McBride-Grunsky Act (California Insurance Code Sections 1850.4, et seq.)

If an insurer determines that an employee is a private residence employee based on the Labor Code provisions, Appendix II directs that the rates and classifications applicable to private residence employees may be determined by the insurer affording coverage. The WCIRB therefore does not determine classifications applicable to private residence employees.

The insurer must exclude any payroll and loss data pertaining to private residence employees when reporting unit statistical data to the WCIRB. This ensures that private residence employee payroll and loss data is not used for statewide ratemaking purposes, and is not used to calculate experience modifications. 

More Classification Resources

Classification Search
Classification Information
Online Guide to Workers' Compensation: The Standard Classification System
California Workers’ Compensation Uniform Statistical Reporting Plan—1995