Insurance & LiensQuestion 642 of 1632

Under Labor Code §3700, a California contractor that has even one employee must:

a.Secure payment of compensation by insurance or self-insurance
b.File a Form W-2 with the Employment Development Department each year
c.Carry general liability insurance of at least one million dollars
d.Provide health insurance under the Affordable Care Act in all cases

Explanation

§3700 requires every California employer to secure the payment of compensation, and it allows exactly two ways to do it: a policy from an insurer admitted to write workers' compensation in this state, or a certificate of consent to self-insure issued by the Director of Industrial Relations. Failing to do it is a misdemeanour under §3700.5, and the money is serious — §3722(a) assesses $1,500 per employee employed at the moment a stop order issues, and §3722(b) assesses the greater of twice the premium the employer should have paid or that same $1,500 per employee for the period it went uninsured. On the licensing side, B&P §7125 requires a licensee with employees to keep a current certificate on file (until January 1, 2028 a licensee with no employees may file an exemption unless it holds a C-8, C-20, C-22, C-39 or D-49 classification; from that date only a §7029 joint venture with no employees is exempt), and §7125.2 suspends the licence by operation of law from the date coverage was required. (b) is a payroll tax form, (c) is the separate insurance §7071.19 requires of an LLC, and (d) is federal law with a 50-employee threshold.

Law Reference: Labor Code §3700; §3700.5; §3722(a)-(b); Bus. & Prof. Code §7125; §7125.2; §7071.19

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