California Unemployment Insurance Code Section 687.2
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California Laws > Unemployment Insurance Code > California Unemployment Insurance Code Section 687.2
687.2. Notwithstanding any other provision of law, an employment
agency, as defined in paragraph (3) of subdivision (a) or subdivision
(h) of Section 1812.501 of the Civil Code, shall not be deemed to be
the employer of the domestic workers for whom it procures, offers,
refers, provides, or attempts to provide work if all of the following
(a) There is a signed contract or agreement between the employment
agency and the domestic worker that contains, at a minimum,
provisions that specify all of the following:
(1) That the employment agency shall assist the domestic worker in
(2) How the employment agency's referral fee shall be paid.
(3) That the domestic worker is free to sign an agreement with
other employment agencies and to perform domestic work for persons
not referred by the employment agency.
(b) The domestic worker informs the employment agency of any
restrictions on hours, location, conditions, or type of work he or
she will accept and the domestic worker is free to select or reject
any work opportunity procured, offered, referred, or provided by the
(c) The domestic worker is free to renegotiate with the person
hiring him or her the amount proposed to be paid for the work.
(d) The domestic worker does not receive any training from the
employment agency with respect to the performance of domestic work.
However, an employment agency may provide a voluntary orientation
session in which the relationship between the employment agency and
the domestic worker, including the employment agency's administrative
and operating procedures, and the provisions of the contract or
agreement between the employment agency and the domestic worker are
(e) The domestic worker performs domestic work without any
direction, control, or supervision exercised by the employment agency
with respect to the manner and means of performing the domestic
The following actions exercised by an employment agency shall not
be considered to be the exercise of direction, control, or
(1) Informing the domestic worker about the services to be
provided and the conditions of work specified by the person seeking
to hire a domestic worker.
(2) Contacting the person who has hired the domestic worker to
determine whether that person is satisfied with the agency's referral
service. This contact shall not be used to identify improvements
needed in a worker's performance and to then discipline or train the
worker regarding the performance of domestic work.
(3) Informing the domestic worker of the time during which new
referrals are available.
(4) Requesting the domestic worker to inform the employment agency
if the domestic worker is unable to perform the work accepted.
(f) The employment agency does not provide tools, supplies, or
equipment necessary to perform the domestic work.
(g) The domestic worker is not obligated to pay the employment
agency's referral fee, and the employment agency is not obligated to
pay the domestic worker if the person for whom the services were
performed fails or refuses to pay for the domestic work.
(h) Payments for domestic services are made directly to either the
domestic worker or to the employment agency. Payments made directly
to the employment agency shall be deposited into a trust account
until payment can be made to the domestic worker. Payments made to
the domestic worker by the employment agency shall not be paid from
any of the employment agency's business accounts.
(i) The relationship between a domestic worker and the person for
whom the domestic worker performs services may only be terminated by
either of those parties and not by the employment agency that
referred the domestic worker. However, an employment agency may
decline to make additional referrals to a particular domestic worker,
and the domestic worker may decline to accept a particular referral.
Last modified: February 22, 2013