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Section 4 of 7 · about 12% of the exam

California Contractor Workers' Comp: Requirements, Exemption Rules, and Who Can't Be Exempt

Updated

A California contractor with even one employee must carry workers' compensation insurance (or be self-insured) and keep proof on file with CSLB. A contractor with no employees can file an exemption instead, unless it holds a C-8, C-20, C-22, C-39 or C-61/D-49 license or its qualifier is a responsible managing employee (RME). That changes on January 1, 2028 (see below).

On the Law and Business exam, workers' compensation insurance is a subtopic of Section 4, Insurance and Liens, which CSLB puts at about 12% of the exam (CSLB study guide). For the rest of that section, see our Insurance and Liens notes.

The rule: any employee means coverage

Every employer except the state must secure the payment of workers' compensation in one of two ways: insurance from an insurer authorized to write it in California, or a certificate of consent to self-insure from the Director of Industrial Relations (Lab. Code §3700). The law sets no minimum number of employees and no payroll threshold.

"Employee" is broad. It includes minors and people who are not U.S. citizens. It also includes corporate officers who work for pay and working partners or LLC members paid wages regardless of profits, although some of them may elect to be excluded (Lab. Code §3351).

Calling a worker a "subcontractor" does not settle the question. A worker doing work that needs a contractor's license is presumed to be an employee (the hiring contractor can try to prove otherwise), and a person doing that work must hold a valid contractor's license to be treated as an independent contractor (Lab. Code §2750.5).

What CSLB must have on file

To get, reinstate, reactivate, renew or keep a license, the licensee must have one of these on file at all times, in the business name (Bus. & Prof. Code §7125):

  • a Certificate of Workers' Compensation Insurance, issued and filed by the insurer; or
  • a Certification of Self-Insurance, issued and filed by the Director of Industrial Relations; or
  • if the law allows it, an exemption statement certifying that the licensee has no employees.

The insurer also reports the policy number, start and lapse dates, and any cancellation date to CSLB (Bus. & Prof. Code §7125). That is how CSLB learns when coverage ends.

Who can and cannot file the exemption

Situation Exemption allowed? Source
No employees, and no C-8, C-20, C-22, C-39 or D-49 classification Yes, by filing the statement B&P §7125(b)
Any employee at all No B&P §7125(b)
Qualifier is an RME (CSLB treats the RME as an employee) No Get Licensed to Build
Employs a home improvement salesperson No, proof of coverage required Get Licensed to Build
Holds C-8 Concrete, C-20 HVAC, C-22 Asbestos Abatement, C-39 Roofing or C-61/D-49 Tree Service No, even with no employees B&P §7125(b)(2), Get Licensed to Build
Joint venture with no employees Yes, by filing the statement B&P §7125(c)
Inactive license Neither coverage nor exemption needed B&P §7125(d)

Licenses with more than one classification

If an active license holds a C-8, C-20, C-22 or D-49 classification plus another classification, and no valid certificate is received, the registrar removes that classification instead of suspending the whole license. A similar rule covers C-39 on licenses that were active with another classification on January 1, 2013. If the licensee is later found to have employees without coverage, the license is automatically suspended (Bus. & Prof. Code §7125(f)–(g)).

Hiring someone after filing an exemption

An exemption is only good while there are no employees. Each of these is cause for discipline (Bus. & Prof. Code §7125.4):

  • filing a false exemption;
  • hiring a covered worker after filing an exemption without first filing a certificate of insurance or self-insurance;
  • employing a covered worker without keeping coverage.

So get the policy and file the certificate before the first hire. If you hire without coverage, the license suspension takes effect on the date coverage was required, not the date CSLB finds out (Bus. & Prof. Code §7125.2).

When coverage lapses

If a required policy lapses, the license is suspended automatically, by operation of law. The suspension starts on the earlier of the date coverage lapsed or the date coverage was required (Bus. & Prof. Code §7125.2). CSLB sends a notice with the reason, the effective date and how to reinstate. The notice also says a pending suspension may be posted on the license record for up to 45 days before the suspension itself is posted.

Reinstatement can happen at any time by filing proof of coverage (Bus. & Prof. Code §7125.2). The timing of the certificate matters (Bus. & Prof. Code §7125.1):

  • Received within 90 days after the effective date on the certificate: CSLB accepts it as of that date and reinstates the license, if otherwise eligible, retroactive to that date.
  • Received later: the same retroactive treatment applies only if the licensee shows, on a form CSLB accepts, that the gap was due to circumstances beyond its control.

Penalties for working without coverage

Who acts Penalty Source
CSLB Minimum civil penalty of $10,000 per violation for a sole owner; $20,000 for a partnership, corporation, LLC or tribal business; more for later violations, up to $30,000 total per occurrence B&P §7125.4
Criminal court The qualifier responsible under §7068.1 is also guilty of a misdemeanor B&P §7125.4(b)
Criminal court For someone who knew, or should have known, of the duty: misdemeanor, up to one year in county jail and/or a fine of up to double the unpaid premium, at least $10,000. Second conviction: triple the premium, at least $50,000 Lab. Code §3700.5
Director of Industrial Relations or CSLB registrar Stop order on employee labor, effective immediately. Employees are paid for lost time, up to 10 days. Hearing must be requested within 20 days Lab. Code §3710.1, B&P §7127
Criminal court Ignoring a stop order: up to 60 days in county jail and/or a fine up to $10,000 Lab. Code §3710.2, B&P §7127
Director of Industrial Relations $1,500 per employee when a stop order is served; or, if uninsured for more than one week during the calendar year before the Director's determination, the greater of twice the premium that would have been paid or $1,500 per employee employed while uninsured Lab. Code §3722

The injured worker can also sue the uninsured employer in court (Lab. Code §3706). In that lawsuit, the employer's negligence is presumed. The employer cannot argue that the worker was careless, assumed the risk, or was hurt by a co-worker's negligence (Lab. Code §3708).

At license renewal

  • Exempt licensees must recertify the exemption on the renewal form or file a current certificate. Without one, the license is not renewed (Bus. & Prof. Code §7125.5).
  • Insured licensees must certify the three workers' compensation classification codes with the highest estimated payroll on the policy, or every code if the policy has fewer than three (Bus. & Prof. Code §7125.6).
  • Missing item: if it arrives within 30 days after CSLB's rejection notice, the renewal is made retroactive to the postmark date of the otherwise acceptable renewal (§7125.5, §7125.6).

Other employer duties that show up on the exam

  • Post the notice. Keep a notice naming the insurance carrier posted where employees can read it. Failing to do so is a misdemeanor and is prima facie evidence of no insurance. Post it in English and Spanish where there are Spanish-speaking employees (Lab. Code §3550).
  • Tell new hires. Give each new employee written notice at hiring or by the end of the first pay period (Lab. Code §3551).
  • No payroll deductions. An employer may not take any part of the cost of workers' compensation from employees' pay. Doing so is a misdemeanor (Lab. Code §3751).

A date to watch: January 1, 2028

The version of section 7125 now in force is repealed on January 1, 2028, unless a later law changes that date (Bus. & Prof. Code §7125(i)). A replacement version has already been enacted and becomes operative that day (Bus. & Prof. Code §7125(f), operative January 1, 2028). Under it:

  • No general no-employees exemption. Only a joint venture with no employees can still file the statement. Every other active licensee needs a certificate of insurance or self-insurance, even with no employees (§7125(a)–(b), operative 2028).
  • Inactive licenses still need no certificate while inactive (§7125(c), operative 2028).

Until then, the rules above apply.

Quick exam checklist

  • One employee is enough. There is no minimum headcount (§3700).
  • C-8, C-20, C-22, C-39 and C-61/D-49 need coverage even with no employees (§7125).
  • An RME-qualified license cannot use the exemption (Get Licensed to Build).
  • Inactive licenses need neither coverage nor an exemption (§7125).
  • Lapse = automatic suspension from the lapse date (§7125.2).
  • Certificate within 90 days = reinstatement retroactive to its effective date (§7125.1).

Sources

Read the Section 4 study notes: Insurance and Liens

Practice questions

Think of your answer first, then open the explanation.

  1. Insurance and Liens

    1. A corporation has no workers except its qualifier, who is a responsible managing employee (RME). According to the CSLB guide Get Licensed to Build, can the corporation file an exemption from workers' compensation?

    • A. Yes, because a qualifier is never counted as an employee
    • B. Yes, but only if the RME works fewer than 20 hours
    • C. No, because the CSLB treats the RME as an employee
    • D. No, because a corporation can never file an exemption
    Show answer

    Correct answer: C

    • A. Yes, because a qualifier is never counted as an employee

      An RME qualifier is counted as an employee. The CSLB will not accept an exemption certificate when the license is qualified by an RME.

    • B. Yes, but only if the RME works fewer than 20 hours

      The number of hours the RME works does not change the rule. The CSLB will not accept an exemption because the RME is an employee.

    • C. No, because the CSLB treats the RME as an employee

      Correct answer

      The CSLB guide says it will not accept an exemption certificate when the license is qualified by an RME, because the RME is an employee. So the corporation must have workers' compensation coverage.

    • D. No, because a corporation can never file an exemption

      It is wrong to say corporations can never file an exemption, because a corporation with no employees and a different kind of qualifier may file one. The exemption is refused here because the RME is an employee.

    Explanation

    The CSLB guide says that if the license is qualified by a responsible managing employee, the CSLB will not accept an exemption certificate, because the RME is an employee. So the corporation must have workers' compensation coverage. The number of hours the RME works does not change this. A corporation with no employees and a different kind of qualifier may file an exemption, so it is wrong to say corporations can never file one.

    Source

  2. Insurance and Liens

    2. A sole owner holds an active C-39 Roofing license and has no employees. According to the CSLB guide Get Licensed to Build, must this contractor carry workers' compensation insurance?

    • A. No, because a sole owner with no employees is exempt
    • B. No, unless the contractor later hires an employee
    • C. Yes, but only on jobs that cost more than $500
    • D. Yes, because all active C-39 contractors must carry it
    Show answer

    Correct answer: D

    • A. No, because a sole owner with no employees is exempt

      The usual exemption for contractors without employees does not apply to C-39 Roofing contractors. They must carry coverage whether or not they have employees.

    • B. No, unless the contractor later hires an employee

      Hiring an employee does not matter here. A C-39 contractor must carry workers' compensation insurance or a valid Certification of Self-Insurance whether or not it has employees.

    • C. Yes, but only on jobs that cost more than $500

      There is no job-size limit for this rule. All active C-39 contractors must carry coverage.

    • D. Yes, because all active C-39 contractors must carry it

      Correct answer

      The CSLB guide says all active C-8, C-20, C-22, C-39, and C-61/D-49 contractors must carry workers' compensation insurance or a valid Certification of Self-Insurance, whether or not they have employees. Roofing is C-39, so this sole owner must carry it.

    Explanation

    The CSLB guide says all active C-8, C-20, C-22, C-39, and C-61/D-49 contractors must carry workers' compensation insurance or a valid Certification of Self-Insurance, whether or not they have employees. Roofing is C-39, so this sole owner must carry coverage even with no employees. The usual exemption for contractors without employees does not apply to these classifications, and there is no job-size limit for this rule.

    Source

  3. Insurance and Liens

    3. A sole owner licensee has a workers' compensation exemption on file. On May 10, the owner hires a first employee but does not get coverage. The CSLB finds out on July 1. Under Business and Professions Code section 7125.2, when is the license suspension effective?

    • A. July 1, the date the CSLB finds out
    • B. 30 days after the CSLB mails a notice
    • C. May 10, the date coverage was required
    • D. At the next license renewal after July 1
    Show answer

    Correct answer: C

    • A. July 1, the date the CSLB finds out

      Wrong. The suspension happens by operation of law, so it does not wait for the CSLB to find out.

    • B. 30 days after the CSLB mails a notice

      Wrong. The suspension does not wait for the CSLB to mail a notice; it is effective on the date coverage was required.

    • C. May 10, the date coverage was required

      Correct answer

      Correct. Under section 7125.2, the suspension is effective on the date coverage was required, and coverage was required when the owner hired the first employee on May 10.

    • D. At the next license renewal after July 1

      Wrong. The suspension happens by operation of law and does not wait for the next license renewal.

    Explanation

    Business and Professions Code section 7125.2 says the suspension is effective on the earlier of the date coverage lapses or the date coverage is required to be obtained. This owner never had coverage, so the date coverage was required controls. Coverage was required when the owner hired the employee on May 10; section 7125.4 treats hiring a worker after filing an exemption, without first filing a certificate, as a violation. The suspension happens by operation of law, so it does not wait for the CSLB to find out, mail a notice, or reach the renewal date.

    Sources

  4. Insurance and Liens

    4. A licensed contractor has employees. Its workers' compensation policy lapses on March 1, and the contractor does not replace it. Under Business and Professions Code section 7125.2, when is the license suspended?

    • A. Automatically, on March 1, the date coverage lapsed
    • B. At the next license renewal date after March 1
    • C. Only after the CSLB holds a hearing on the lapse
    • D. 30 days after the CSLB mails a written warning
    Show answer

    Correct answer: A

    • A. Automatically, on March 1, the date coverage lapsed

      Correct answer

      Under section 7125.2, failing to maintain required workers' compensation coverage results in automatic suspension of the license by operation of law. The suspension is effective on the date coverage lapses, here March 1.

    • B. At the next license renewal date after March 1

      The suspension does not wait for the renewal date. It takes effect on the date the coverage lapses.

    • C. Only after the CSLB holds a hearing on the lapse

      The suspension happens automatically by operation of law, without any hearing or action by the board.

    • D. 30 days after the CSLB mails a written warning

      The CSLB does send a notice, but the suspension does not wait for a warning period. It is effective on the date the coverage lapses.

    Explanation

    Business and Professions Code section 7125.2 says failing to maintain required workers' compensation coverage results in automatic suspension of the license by operation of law (without any hearing or action by the board). The suspension is effective on the date the coverage lapses, here March 1. The CSLB does send a notice, but the suspension does not wait for a hearing, a warning period, or the renewal date.

    Sources

  5. Insurance and Liens

    5. A limited liability company (LLC) licensee is found to have employed workers without workers' compensation coverage. Under Business and Professions Code section 7125.4, what is the minimum civil penalty for each violation?

    • A. $5,000
    • B. $10,000
    • C. $15,000
    • D. $20,000
    Show answer

    Correct answer: D

    • A. $5,000

      $5,000 is not a minimum penalty in section 7125.4. The minimum for an LLC licensee is $20,000 per violation.

    • B. $10,000

      The $10,000 minimum applies to a sole owner licensee, not to an LLC. The minimum for an LLC is $20,000 per violation.

    • C. $15,000

      $15,000 is not a minimum penalty in section 7125.4. The minimum for an LLC licensee is $20,000 per violation.

    • D. $20,000

      Correct answer

      Section 7125.4 sets a minimum civil penalty of $20,000 per violation for a partnership, corporation, limited liability company, or tribal business licensee found to have employed workers without coverage.

    Explanation

    Business and Professions Code section 7125.4 sets a minimum civil penalty of $20,000 per violation for a partnership, corporation, limited liability company, or tribal business licensee that employs workers without coverage. The $10,000 minimum applies to a sole owner licensee, not to an LLC. The other amounts are not minimums in section 7125.4.

    Source