Insurance & LiensQuestion 643 of 1632

A licensed contractor organized as a joint venture under §7029, with no employees, has filed an Exemption from Workers' Compensation with the CSLB. The joint venture then hires an employee. Under Bus. & Prof. Code §7125 and §7125.4, what must it do?

a.Obtain workers' compensation coverage and file a Certificate of Workers' Compensation Insurance with CSLB; the prior exemption is automatically void as soon as an employee is hired
b.Cancel the contractor license and re-apply once coverage is in place
c.Wait until the next license renewal to update the workers' comp status
d.Continue working under the exemption for up to 90 days while shopping for coverage

Explanation

A §7029 joint venture with no employees may hold an exemption today, and from January 1, 2028 — when the SB 216 version of §7125, postponed from 2026 by SB 1455, takes effect — it will be the ONLY licensee that can; until then other no-employee licensees outside the C-8, C-20, C-22, C-39 and D-49 classifications may file one too. §7125.4 then makes that exemption void by operation of law the moment an employee is hired, and the license is suspended unless a Certificate of Workers' Compensation Insurance is on file. There is no grace period to shop for a policy (d), no waiting for renewal (c), and nothing about this requires surrendering the license (b).

Law Reference: Bus. & Prof. Code §7125 (as amended by SB 1455, Stats. 2024, ch. 485); §7125.4; §7029

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