For purposes of this part, the following definitions apply: (a) âCovered entityâ means a person or entity that owns or operates a qualifying facility, including the Regents of the University of California. (b) âCovered Services Employerâ means a person or entity meeting both of the following: (1) Directly employs or exercises control over the wages, hours, or working conditions. (2) Provides onsite services such as clerical, dietary, environmental services, laundry, security, engineering, facilities management, administrative, or billing staff through a contract with a qualifying facility or provides nurse practitioners or physician assistants at a qualifying facility through a professional corporation where the professional corporation is the employer of record. (c) âDate of recordâ means a date determined by the department that is no later than 45 days after end of the qualifying work period. (d) âDepartmentâ means the State Department of Health Care Services. (e) âEligible full-time employeeâ means a person who meets both of the following: (1) Is employed by a covered entity or covered services employer as of the date of record and is not a manager or supervisor. (2) Was compensated for at least 400 in-person hours performed on the site of a qualifying facility during the qualifying work period for a single covered entity or covered services employer, or is considered to be a full-time employee on the site of a qualifying facility by the covered entity or covered services employer. (f) âEligible part-time employeeâ means a person who meets both of the following: (1) Is employed by a covered entity or covered services employer as of the date of record and is not a supervisor or manager. (2) Was compensated for at least 100 in-person hours, but less than 400 in-person hours, performed on the site of a qualifying facility during the qualifying work period for a single covered entity or covered services employer, or is considered to be a part-time employee by the covered entity or covered services employer, and is not considered to be an eligible full-time employee on the site of a qualifying facility by the covered entity or covered services employer. (g) âEligible physicianâ means a person who meets both of the following: (1) Is a physician or surgeon, licensed by California state law. (2) Primarily provides in-person patient care work in a clinical or medical department, or works as a member of the patient care team during the qualifying work period and on the date of record, at a qualifying facility or is an employee under Section 2401 of the Business and Professions Code of a covered entity or physician entity working primarily in-person on the site of a qualifying facility during the qualifying work period and on the date of record. (h) âManagers and supervisorsâ means persons who meet all of the following: (1) Whose duties and responsibilities involve the management of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof. (2) Who customarily and regularly directs the work of two or more other employees of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof. (3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight. (4) Who customarily and regularly exercises discretion and independent judgment. (5) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and nonexempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: Sections 541.102, 541.104-111, and 541.115-116 of Title 29 of the Code of Federal Regulations. Exempt wo
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