One of the key principles in legislative drafting is consistency in language, including definitions. In looking at who is an employee, there lacks the same definition across state law. In fact, California law provides over 100 different definitions of “employee” throughout the Codes. Is this lack of a consistent definition problematic?
It could be, but it emphasizes the point that some terms are limited to their use in an individual Code (there are 29 of them in California), or even in a particular subset of a code (e.g., division, title, chapter, etc.). The following is a sampling of different definitions of “employee” found in different Codes:
Government Code Section 18526 – “Employee” means a person legally holding a position in the State civil service.
Education Code Section 26118 – “Employee” means a person engaged to perform creditable service.
Business and Professions Code Section 7580.9 – “Employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s direction and control.
Health and Safety Code Section 1596.880 – “Employee” means employee of a licensee or employee of the agent of a licensee subject to this act.
Labor Code Section 1132.4 – “Employee” means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
Government Code Section 54700.5 – “Employee” means an an employee of the local agency, the state or any political...
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