Insurance & LiensQuestion 1537 of 1632

A sole-owner contractor holding only a Class B license, with no employees, wants to avoid carrying workers' compensation. Under B&P §7125 as it reads until January 1, 2028, the contractor may:

a.Avoid it only as a joint venture under §7029 that has no employees
b.File the no-employee exemption statement with the Registrar
c.Avoid it only by adding a C-39 roofing classification
d.Avoid it by paying every worker on a 1099 instead of on payroll

Explanation

Until January 1, 2028, B&P §7125(b) as amended by SB 1455 (Stats. 2024, ch. 485) lets a licensee with no employees skip the policy by filing a statement, on the Registrar's form, certifying that it employs no one subject to the workers' compensation laws — provided it holds no C-8, C-20, C-22, C-39 or D-49 classification. A Class B sole owner with no employees qualifies (b). (a) is the rule SB 216 wrote: from January 1, 2028 only a §7029 joint venture with no employees will be exempt and this sole owner will have to carry coverage. SB 1455 moved that date from 2026, so material that calls it current is out of date. (c) inverts the list: adding a C-39 roofing classification is exactly what takes the exemption away. (d) is misclassification, not exemption: Labor Code §2750.5 presumes a worker performing licensable work is an employee, and paying on a 1099 changes the paperwork rather than the status.

Law Reference: Bus. & Prof. Code §7125(b) (as amended by SB 1455, Stats. 2024, ch. 485); §7029; Lab. Code §2750.5

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