Cortez v. Abich

Summary

The California Supreme Court held that extensive residential remodeling involving substantial demolition, reconstruction, and construction of new rooms does not constitute excluded "household domestic service" under Cal-OSHA. The court reversed the judgment for the homeowners and remanded for further proceedings, while leaving unresolved whether the homeowners were statutory employers under Labor Code section 2750.5. The decision concerned a worker injured while demolishing a roof during the remodeling project.

Holdings

1. Work performed on an extensive residential remodeling project involving significant demolition and construction, including rebuilding portions of the house and adding new rooms, is not household domestic service within the exclusion in Labor Code section 6303, subdivision (b).
2. The court did not decide whether the homeowners were plaintiff's employers under section 2750.5 because defendants did not seek review of that issue; it assumed, for purposes of resolving the case, that the Court of Appeal correctly found the requisite employment relationship.

Questions Presented

1. Whether extensive residential remodeling involving substantial demolition, rebuilding, and construction of new rooms constitutes household domestic service excluded from the definition of employment under California's Occupational Safety and Health Act.
2. Whether the homeowners were plaintiff's employers under Labor Code section 2750.5 for purposes of potential tort liability or Cal-OSHA obligations.

Disposition

reversed_and_remanded