Does anyone know where one can find, or knows and can share, the official definition of "Non-Compensated Employee" as it relates to the State of California?

Cheers!!
Go Bears!!

Sorry, I cannot give you the link to the definition, but I can give what I believe is an example. I am a volunteer docent at Point Lobos State Reserve, and when I began the program some years ago I believe i signed a document to acknowledge that being a volunteer in that capacity was considered by the state to be serving as a non-compensated employee. I am bound by certain rules and regulations and can be terminated for cause. Hope that helps.

Bears2thDoc;842506054 said:

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Does anyone know where one can find, or knows and can share, the official definition of "Non-Compensated Employee" as it relates to the State of California?

Cheers!!
Go Bears!!

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A non-compensated employee of the state of California is one who is not involved in corruption of receiving some sort of graft. There are not many.

Interesting....

Mull this over.....

Can one be deemed a Non-Compensated Employee, and at the same time be a Non-Employee Affiliate?

Bears2thDoc;842506068 said:

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Interesting....

Mull this over.....

Can one be deemed a Non-Compensated Employee, and at the same time be a Non-Employee Affiliate?

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I am not an employment lawyer/human resources lawyer.
But you raise a good point. I would question whether a volunteer is an employee.
A company has more responsibility for an employee than for a volunteer.

When I was a student at Cal I was a student manager of the Student Union for which I was paid. I was also a campus tour guide for which i was not paid.
IMO i was an employee when i was acting as the student manager. But i was not an employee when i was the student campus tour guide.

I do not legally believe you can have a "Non-Compensated Employee". Employees at least receive minimum wage and are covered by workers' comp and now the Affordable Care Act. I would recommend even paying interns at least minimum wage to avoid possible penalties if they are determined to be doing the work of employees. Maybe if you provide more details, we can get better answers.

Non-Compensated Employees assemble iphones in China.

Golden One;842506067 said:

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A non-compensated employee of the state of California is one who is not involved in corruption of receiving some sort of graft. There are not many.

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Classic. LMAO!

SonomanA1;842506075 said:

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I do not legally believe you can have a "Non-Compensated Employee". Employees at least receive minimum wage and are covered by workers' comp and now the Affordable Care Act. I would recommend even paying interns at least minimum wage to avoid possible penalties if they are determined to be doing the work of employees. Maybe if you provide more details, we can get better answers.

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Scenario:
One volunteers to provide consultation and evaluation.....not treatment.
99.9% of the consultations are performed off-site.
Any paid service is compensated by a third party (insurance co) or by general fund.
No 1099-misc is ever issued, by the "company".
One is "required" to sign under penalty of perjury a document that states one is an employee and as such swears to give allegiance and defense to the "company".
Also, as an employee of the "company," one must sign away rights to any future patents while an employee of the "company"..
One is also required to sign a document stating that one is not an employee and will not sue if one is harmed.
One is then required to obtain an employee ID number.
The employee ID number and picture is then printed on an ID card that indicates one is a non-employee affiliate of the "company".
The ID card does not allow access to any facility one would need to enter to perform the volunteered consultation if one is needed.

Interesting aside...
"Company" offers various programs.
There are generally two categories one fits in to join anyone of the many programs:
Faculty/Staff (includes career staff, but excludes non-compensated employees.)
Alumni: (Includes actual alumni of the university....or anybody willing to join the alumni association ( which I was surprised to learn that anyone is eligible to be an Alumni member as long as they have $$$ to pay for the membership).

Cheers!

I think this is true of the various docents working on state property; e.g. state universities, colleges, museums, parks, etc... It may also cover members of volunteer fire departments if they are not paid while fighting fires or training. The Feds have a similar class of employees that are not paid thru Congressional appropriations. They had to pass the same background checks but did not receive any benefits from the Federal government.

I would expect that out-sourced positions, where contractor employees are performing the duties once done by state employees are bound by the same employment requirements as state employees and are performing duties for the state of California but are not compensated in any manner by the state; pay, insurance, retirement, bonuses, and all other compensation is from their private contractor employer. The Feds used to require Federal employee oversight over the work performed by these out-sourced positions, but have pretty much eliminated the Quality Assurance (oversight function) by staffing cuts and out-sourcing. I would expect any contractor employee working in a state agency fits the description of "Non-Compensated Employee".

BearInMind;842506060 said:

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Sorry, I cannot give you the link to the definition, but I can give what I believe is an example. I am a volunteer docent at Point Lobos State Reserve, and when I began the program some years ago I believe i signed a document to acknowledge that being a volunteer in that capacity was considered by the state to be serving as a non-compensated employee. I am bound by certain rules and regulations and can be terminated for cause. Hope that helps.

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Bears2thDoc;842506054 said:

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Does anyone know where one can find, or knows and can share, the official definition of "Non-Compensated Employee" as it relates to the State of California?

Cheers!!
Go Bears!!

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As a litigator who has done some w&l, never heard of it. If you are asking bc you plan on taking an intern or something, that is easy to answer, google will help you. If someone you know is this non-compensated employee and you are concerned re: the legality of it... lots of lawyers on here who might direct you to the appropriate legal resources. Give a little info, you'll get it answered, a practitioner can get you an answer to most questions in a fraction of the time it takes the avg person, lots of d-bag lawyers running around these parts.

I'd insert the lame disclaimer, but I don't believe I've provided any legal advice, so.

Another special status is that of Professor Emeritus. They are given office space and privileges but are not considered paid employees by the HR at UC. I guess it depends if their privileges are considered
compensation even though they no longer get the regular compensation, pay, insurance, health coverage, retirement contributions of a compensated employee. My cousin who works in UC admin had
not heard of "Non-Compensated Employee" before, but was aware that when the payroll function was changed recently the Professor Emeritus designation became an HR problem.

Bears2thDoc;842506054 said:

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Does anyone know where one can find, or knows and can share, the official definition of "Non-Compensated Employee" as it relates to the State of California?

Cheers!!
Go Bears!!

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Oxymoron? Doesn't employment normally connote compensation? Workers' Compensation case law has held "experience" (e.g., as for an unpaid intern) to be compensation.

LOL!
No, interns get discounts at the computer store and performance ticket office....

This is what a well known California higher educational institution recently required certain longtime volunteer consultants to do....attest one is a state employee, and relinquish ffuture patent rights to the Regents ..... (under penalty of perjury, of course), and sign a separate document stating one is NOT an employee of the higher educational institution and one assumes all risks while on the property of that institution.
Which begs the question, what is the penalty for perjury, and does the Big House have the PAC12 network?