Miller v. Department of Human Resources Development

[170]Opinion

COMPTON, J. Petitioner Evelyn F. Miller appeals from a denial of her petition for writ of mandate by which she sought to compel the California Department of Human Resources Development and specifically the California Unemployment Insurance Appeals Board to declare her eligible for benefits under the California Unemployment Compensation Law. We affirm the judgment denying the petition.

The facts are not in dispute. Petitioner was employed as a secretary by her son Manuel H. Miller, an attorney, engaged in the private practice of law in Los Angeles, California. Her term of employment was for one year at which time she was allegedly terminated involuntarily, for the reason that her skills were no longer adequate for the position. Petitioner thereafter filed a claim for unemployment compensation benefits, which claim was denied. She has exhausted her administrative remedies.

Section 631 of the Unemployment Insurance Code provides for exclusion from the program of an individual who is employed by his son, daughter or spouse or a child under age 18 who is employed by his father or mother.

Petitioner’s, sole contention on appeal is that such exclusion is unconstitutional as constituting a denial of equal protection of the law.

The system of unemployment insurance is a federal-state cooperative program under which federal funding is provided for state programs that conform to federal requirements. (42 U.S.C.A. §§ 501-503.) California’s program has qualified for federal funding and meets federal requirements. The underlying purpose of the national unemployment insurance program was to relieve the federal government of certain responsibilities in the welfare field, and as a result vested primary administrative responsibility in the several states.

The national law itself contains certain exemptions which were challenged in the first test of its constitutionality which challenge was rejected in Steward Machine Co. v. Davis, 301 U.S. 548 [81 L.Ed. 1279, 57 S.Ct. 883, 109 A.L.R. 1293], and Carmichael v. Southern Coal Co., 301 U.S. 495 [81 L.Ed. 1245, 57 S.Ct. 868, 109 A.L.R. 1327].

In Steward it was stated at pages 584-585 [81 L.Ed. at pages 1289-1290]: “The statute does not apply, as we have seen, to employers of less than eight. It does not apply to agricultural labor, or domestic service in