Workers' comp · License requirements

Do California contractors need workers' comp if they have no employees?

Not yet, for most licenses. As of October 2026, a CSLB licensee with no employees can file an exemption instead of a policy, unless the license holds C-8, C-20, C-22, C-39 or C-61/D-49 or an RME qualifies it. That changes on January 1, 2028: under SB 1455, every active license needs workers' comp on file, except a joint venture with no employees. The 2026 date in CSLB's 2022 press release no longer applies.

2028Every active license needs coverage, except a joint venture with no employees (SB 1455)
5Classifications with no exemption, even with no employees
90 daysFor proof to reach CSLB after a hire, not a grace period to work uninsured
50%Of active licenses had an exemption on file, July 31, 2026
Today's rule

Who can file a workers' comp exemption with CSLB today?

You can file CSLB's exemption instead of a policy only if three things are true. Your business employs no one covered by California's workers' comp laws. No RME qualifies the license. And the license holds none of five classifications. An owner, partner, officer, member or manager signs it under penalty of perjury (CSLB and B&P 7125, checked October 2026).

You can file the exemption if all of these are true

  • No one works for you as an employee. Home improvement salespersons registered to your license count as employees.
  • Your qualifier is not a responsible managing employee (RME).
  • Your license has no C-8, C-20, C-22, C-39 or C-61/D-49 classification.
  • Your license is active. An inactive license needs no policy and no exemption on file.
  • An owner, partner, officer, member or manager signs it.

You need a policy instead if any of these is true

  • You employ anyone, even one person, in a way covered by California's workers' comp laws.
  • A home improvement salesperson is registered to your license.
  • An RME qualifies your license.
  • You hold C-8, C-20, C-22, C-39 or C-61/D-49.

A Certification of Self-Insurance from the Department of Industrial Relations (DIR) also counts.

How to file the exemption

File it online through CSLB, or print form 13L-50 (rev. 11/2022), sign it and mail it to CSLB. Both are on CSLB's Forms and Applications page. The form says not to submit it if you have employees, an RME qualifier, an inactive license or one of the five classifications.

How a policy gets on file

Your insurer files the Certificate of Workers' Compensation Insurance with CSLB, online or by mail. Only insurers licensed to write workers' comp in California can file one. The certificate names CSLB as certificate holder and shows your business name and license or application fee number.

At every renewal

With an exemption on file, you recertify it on the renewal form or send a certificate, or CSLB won't renew the license. If CSLB rejects the renewal for this, you have 30 days from its notice to fix it and still get the renewal dated to your postmark (B&P 7125.5). With a policy, you list its top three class codes (B&P 7125.6).

Joint ventures and inactive licenses

A joint venture license with no employees files the same no-employee statement, and keeps that option after 2028. An inactive license needs nothing on file, now or after 2028. Reactivating it brings the requirement back (B&P 7125).

No exemption

Which licenses need workers' comp even with no employees?

Five: C-8 Concrete, C-20 HVAC, C-22 Asbestos Abatement, C-39 Roofing and C-61/D-49 Tree Service. A license with any of them must keep a workers' comp policy, or a DIR certification of self-insurance, on file whether or not it has employees, per CSLB's workers' comp page (checked October 2026). Roofing came first; the other four followed on January 1, 2023.

The five classifications with no workers' comp exemption, from Business and Professions Code 7125(b), (f) and (g) and the bills that set each date (checked 20 October 2026)
ClassificationNo exemption sinceOn a license that also holds other classifications
C-8 ConcreteJanuary 1, 2023 (SB 216)CSLB removes the C-8 if no valid certificate arrives
C-20 Warm-Air Heating, Ventilating and Air-ConditioningJanuary 1, 2023 (SB 216)CSLB removes the C-20
C-22 Asbestos AbatementJanuary 1, 2023 (SB 216)CSLB removes the C-22
C-39 RoofingJanuary 1, 2007 (AB 881)CSLB removes the C-39
C-61/D-49 Tree ServiceJanuary 1, 2023 (SB 216)CSLB removes the D-49

On a license with only one of these classifications, a missing policy suspends the whole license automatically (B&P 7125.2). When the license also holds other classifications, CSLB removes the mandatory one instead, and suspends the license only if it then finds employees and no coverage (B&P 7125(f) and (g)). B, C-10, C-33 and C-36, for example, are not on the list, so a business in those trades with no employees and no RME qualifier can still use the exemption until 2028.

The timeline

When will every California contractor need workers' comp?

On January 1, 2028. SB 1455 (Chapter 485, Statutes of 2024) moved the all-licensee requirement there from January 1, 2026, the date SB 216 set in 2022. From 2028, every active license needs a policy or a DIR self-insurance certificate on file. Only a joint venture with no employees can file a statement instead, and inactive licenses need nothing (B&P 7125 as it reads from 2028).

  1. 1

    January 1, 2007: roofers first

    AB 881 (Chapter 38, Statutes of 2006) takes the no-employee exemption away from C-39 roofing licenses, and AB 2219 (Chapter 389, Statutes of 2012) later makes the rule permanent. Until 2023, roofing was the only classification with no exemption.

  2. 2

    September 30, 2022: SB 216 signed

    SB 216 (Chapter 978, Statutes of 2022) takes the exemption away from C-8, C-20, C-22 and D-49 licenses starting January 1, 2023, and sets January 1, 2026 for every licensee.

  3. 3

    October 11, 2022: CSLB announces 2026

    CSLB's press release #22-08 says all licensed contractors “will need insurance by 2026.” The release, with its Spanish translation, is still posted on cslb.ca.gov. Its 2026 date is superseded.

  4. 4

    January 1, 2023: four more classifications

    C-8, C-20, C-22 and D-49 licenses need coverage even with no employees. On licenses active after July 1, 2023 that also hold other classifications, CSLB removes the classification if no certificate arrives.

  5. 5

    September 22, 2024: SB 1455 signed

    SB 1455 (Chapter 485, Statutes of 2024) moves the all-licensee date to January 1, 2028, keeps the no-employee exemption until then, and gives CSLB until January 1, 2027 to set up a way to verify exemptions.

  6. 6

    January 1, 2026: SB 291 penalties

    A licensee found to have employed workers without coverage now faces a minimum civil penalty of $10,000 per violation for a sole owner and $20,000 for a partnership, corporation, LLC or tribal business (B&P 7125.4).

  7. 7

    January 1, 2027: CSLB's verification deadline

    B&P 7125.7 requires CSLB to have a process, including an audit, proof or other evidence, to check that exemption filers have no employees, and to report it to the Legislature.

  8. 8

    January 1, 2028: coverage for every active license

    The no-employee exemption ends for everyone except a joint venture with no employees. Inactive licenses still need nothing on file.

Could the 2028 date move again?

Only through a new law. The current B&P 7125 is repealed on January 1, 2028 “unless a later enacted statute” passed before then “deletes or extends that date” (B&P 7125(i)). On 20 October 2026, leginfo showed no change after SB 1455.

CSLB has proposed a change. Its March 2026 report to the Legislature suggests a narrower exemption: individual owners only, no RME or registered home improvement salesperson, none of the no-exemption classifications (it adds C-49 Tree and Palm), a business plan and a fee of about $500. That is a proposal, not law.

Hiring

What happens when you hire your first employee?

Your exemption stops being valid the day you employ anyone covered by California's workers' comp laws, and every employer must have coverage (Labor Code 3700). CSLB gives you 90 days from the hire for proof to reach it. That is time for paperwork, not time to work uninsured: B&P 7125.4 makes it cause for discipline to hire after filing an exemption “without first filing” a certificate. So have the policy in force before the first day of work.

  1. 1

    Buy a policy before the first day

    Get a workers' comp policy from an insurer licensed to write it in California, or a Certification of Self-Insurance from the Department of Industrial Relations. California requires every employer to have one or the other (Labor Code 3700).

  2. 2

    Your insurer files the certificate

    The insurer files the Certificate of Workers' Compensation Insurance with CSLB, online or by mail, with CSLB as certificate holder and your license number on it. Once you have employees, your exemption no longer counts.

  3. 3

    Check that CSLB has it within 90 days

    CSLB accepts a certificate as of its effective date if it arrives within 90 days of that date (B&P 7125.1). After the filing, look up your license on CSLB's site to confirm the coverage shows.

  4. 4

    Keep it continuous

    Coverage must not lapse. A lapse suspends the license automatically, and work done while it is suspended counts as unlicensed (CSLB).

Who counts as an employee for the exemption

  • Home improvement salespersons registered to your license count as employees (CSLB).
  • An RME qualifier counts as an employee too, so a license an RME qualifies can't use the exemption.
  • Helpers you pay on a 1099 count as employees unless you can prove all three parts of the ABC test: they are free from your control, their work is outside your usual business, and they run an established business of their own in that trade (Labor Code 2775; Labor Code 3351 applies it to workers' comp). For a written subcontract, Labor Code 2781 uses the older test in Labor Code 2750.5 instead, but only if the subcontractor holds a CSLB license covering the work and meets five other conditions. Under Labor Code 2750.5, a worker doing licensed work without a contractor license is presumed to be an employee.
Enforcement

What happens if your workers' comp lapses or your exemption is false?

Your license is suspended automatically, by law. The suspension starts on the date coverage lapses, or the date it was required, whichever comes first (B&P 7125.2). Work done while suspended counts as unlicensed. A false exemption is cause for discipline. And since January 1, 2026, a licensee found to have used workers without coverage faces a penalty of at least $10,000 per violation as a sole owner, or $20,000 as an entity (B&P 7125.4).

What the license law and the Labor Code do when coverage is missing (checked 20 October 2026)
What happensThe ruleLaw
Automatic suspensionStarts on the earlier of the lapse date or the date coverage was required. After a lapse, CSLB sends a notice, and a pending suspension can show on the license record for up to 45 days first.B&P 7125.2
Work while suspendedCounts as unlicensed work, and CSLB can take disciplinary actionCSLB's workers' comp page
Getting the license backAny time, with proof of coverage. A certificate CSLB receives within 90 days of its effective date counts from that date, and the license is reinstated back to it. After 90 days, only if you show the delay was beyond your control (form 13L-49).B&P 7125.1 and 7125.2
A false exemption, or employing workers without coverageCause for discipline. For employing workers without coverage, a minimum civil penalty of $10,000 per violation (sole owner) or $20,000 (partnership, corporation, LLC or tribal business), and more for later violations, up to $30,000 total per occurrence. No renewal or reinstatement until a certificate is on file.B&P 7125.4, as amended by SB 291, from January 1, 2026
The qualifierGuilty of a misdemeanor for committing or failing to prevent these violationsB&P 7125.4(b)
Stop order at the job siteCSLB or the Director of Industrial Relations can order all employee labor to stop until the employer has coverage. Ignoring the order is a misdemeanor: up to 60 days in county jail, a fine up to $10,000, or both.B&P 7127; Labor Code 3710.1 and 3710.2

CSLB enforces this. From January 1 to July 31, 2026, its Statewide Investigative Fraud Team (SWIFT) issued 181 stop orders for using employee labor without a valid policy, and referred 25 cases against licensees to district attorneys, mainly for failing to secure workers' comp. On July 31, 2026, 4,733 active licenses were under a workers' comp suspension and 3,137 more had one pending (CSLB, September 2026 Board packet).

CSLB data

How many California contractors use the workers' comp exemption?

On July 31, 2026, 121,679 active licenses, or 50%, had a workers' comp exemption on file. Another 114,219, or 47%, had a policy, per CSLB's September 2026 Board packet. Among General Building (B) licenses with a policy or exemption on file, 59% had the exemption. Unless the law changes, every exempt license that stays active, other than a joint venture with no employees, will need coverage on January 1, 2028.

Workers' comp on file for active licenses, by classification, July 31, 2026, from CSLB's September 2026 Board packet
ClassificationExemptions on filePolicies on fileExemptions as a share of all on file
B General Building62,73643,17059%
C-10 Electrical14,84813,54152%
C-36 Plumbing9,4428,30353%
C-33 Painting8,7947,05255%
C-61 Limited Specialty7,32813,16136%
A General Engineering5,2879,66535%
C-27 Landscaping5,0697,15441%
C-54 Ceramic and Mosaic Tile3,5022,73656%
B-2 Residential Remodeling1,23042474%
C-49 Tree and Palm7849714%
C-20 HVAC (no exemption)611,2720.05%
C-8 Concrete (no exemption)105,1960.2%
C-39 Roofing (no exemption)35,4050.06%
C-22 Asbestos Abatement (no exemption)13100.3%

The rows add up to more than CSLB's license totals, which suggests that a license with several classifications is counted under each one. CSLB's table shows a handful of exemptions even in the no-exemption classifications and does not say why. Since January 1, 2024, CSLB has processed new tree service applications as C-49 Tree and Palm, not C-61/D-49 (CSLB's November 2023 bulletin). B&P 7125 and CSLB's list of five name D-49, not C-49; on July 31, 2026, 78 C-49 licenses had an exemption on file. CSLB's March 2026 report proposes excluding C-49 from any future exemption too. That is a proposal, not law.

The share has stayed near 50% for years. CSLB's 2022 release put it at about 50 to 60 percent, and its November 2024 stakeholder packet counted 118,000 licensees, or 49%. CSLB says its enforcement shows that many licensees with an exemption on file do have workers (CSLB, November 2024).

Law and Business

Is workers' comp on the CSLB Law and Business exam?

Yes. Workers' compensation insurance is the first subtopic of Insurance and Liens, about 12% of the Law and Business exam in CSLB's study guide 13E-LAW (03-2026). Hiring and payroll fall under Employment Requirements, about 20%. The qualifier in every classification takes this exam unless a waiver applies.

What CSLB lists in Insurance and Liens

Three subtopics: workers' compensation insurance, business insurance, and liens and other remedies. CSLB publishes no question count for any section. See all seven sections and their weights, or try the free Law and Business practice test.

How to prepare for it

Use License Ladder as directed. It is $99 for Law & Business and has the printed 142-card deck, digital study guides and one year of the app. Study the cards and guides, then work the app's practice questions and timed mock exams until your readiness score turns green.

FAQ

Questions people ask about contractor workers' comp

No. The January 1, 2026 date came from SB 216 and CSLB's October 11, 2022 press release, and SB 1455 (Chapter 485, Statutes of 2024) replaced it. The requirement for every active CSLB license to carry workers' comp now starts January 1, 2028. Until then, a license with no employees can still file an exemption, unless it holds C-8, C-20, C-22, C-39 or C-61/D-49 or an RME qualifies it (checked October 2026).

SB 1455 moved the date when every California contractor license must carry workers' comp. The old date, from SB 216, was January 1, 2026. The new date is January 1, 2028. The no-employee exemption stays until then. SB 1455 also told CSLB to set up a way, by January 1, 2027, to check that people who claim the exemption have no employees. The Governor signed it on September 22, 2024 (SB 1455, Chapter 485, Statutes of 2024).

Five: C-8 Concrete, C-20 Warm-Air Heating, Ventilating and Air-Conditioning, C-22 Asbestos Abatement, C-39 Roofing and C-61/D-49 Tree Service. A license with any of them must keep a workers' comp policy or a DIR self-insurance certificate on file. That is true even with no employees, per CSLB's Workers' Compensation Requirements (checked October 2026). If the license also holds other classifications, a missing policy gets that classification removed (B&P 7125(f) and (g)).

Form 13L-50 is CSLB's printable Exemption from Workers' Compensation (rev. 11/2022). You sign it under penalty of perjury to certify that you employ no one covered by California's workers' comp laws, and an owner, partner, officer, member or manager must sign. Don't file it for an inactive license, an RME-qualified license or a C-8, C-20, C-22, C-39 or C-61/D-49 license. Download it from CSLB, or file the same exemption online.

No time without coverage. California requires every employer to secure workers' comp (Labor Code 3700), and B&P 7125.4 makes it cause for CSLB discipline to employ someone after filing an exemption without first filing a certificate. The 90 days on CSLB's workers' comp page is the deadline for your proof to reach CSLB after the hire, not a grace period to work uninsured (checked October 2026).

Yes. CSLB's Forms and Applications page says you cannot file the exemption if you have employees, “including Home Improvement Salespersons (HIS).” So one registered home improvement salesperson is enough. Your license then needs a workers' comp policy or a DIR self-insurance certificate on file (checked October 2026). The same page bars the exemption when the qualifier is a responsible managing employee (RME).

No. CSLB counts a responsible managing employee (RME) qualifier as an employee, and CSLB's workers' comp page lists “Your license is qualified by a Responsible Managing Employee (RME)” among the conditions that bar the exemption (checked October 2026). CSLB's form 13L-50 says the same. A license with an RME qualifier must keep a workers' comp policy or a DIR certificate of self-insurance on file.

Yes, unless you can prove the helper is an independent contractor. Under the ABC test in Labor Code 2775, which Labor Code 3351 applies to workers' comp, a paid worker is an employee unless free from your control, doing work outside your usual business and running an established business in that trade. Labor Code 2781 swaps in the Labor Code 2750.5 test only for a written subcontract with a CSLB-licensed subcontractor that meets five other conditions. Using them under an exemption risks discipline (B&P 7125.4, checked October 2026).

The license is suspended automatically, by operation of law, on the date the coverage lapses (B&P 7125.2). CSLB sends a notice, and a pending suspension can appear on the license record for up to 45 days before the suspension posts. Any work done while the license is suspended counts as unlicensed. On July 31, 2026, 4,733 active licenses were under a workers' comp suspension, per CSLB's September 2026 Board packet.

Have your insurer file a current certificate with CSLB. Under B&P 7125.1, CSLB accepts a certificate as of its effective date if it arrives within 90 days of that date, and reinstates the license back to that date. After 90 days, CSLB backdates it only if you show the delay was beyond your control, on form 13L-49. The suspension lifts once CSLB processes the proof (checked October 2026).

A false exemption is cause for CSLB discipline under B&P 7125.4. Since January 1, 2026, SB 291 adds minimum civil penalties for using workers without coverage: $10,000 per violation for a sole owner, and $20,000 for a partnership, corporation, LLC or tribal business. Later violations cost more, up to $30,000 total per occurrence. The qualifier commits a misdemeanor. And CSLB won't renew the license until a certificate is on file.

No. Under B&P 7125(d), no workers' comp certificate, self-insurance certificate or exemption is required while a license is inactive on CSLB's records, and the version of the law that starts January 1, 2028 keeps that rule. CSLB's form 13L-50 says not to file an exemption for an inactive license. Reactivating the license brings the requirement back (checked October 2026).

Only if it has employees. A joint venture licensed under B&P 7029 with no employees can file the no-employee statement instead of a policy under today's B&P 7125(c). It is also the only exception left in the version of B&P 7125 that takes effect January 1, 2028, when every other active license needs coverage (checked October 2026).

Yes. At each renewal, an active licensee with an exemption on file must recertify it on the renewal form or send a current workers' comp certificate. Otherwise CSLB won't renew the license (B&P 7125.5). If CSLB rejects the renewal for this, you have 30 days from its notice to send it. Then the renewal still counts from your postmark date (checked October 2026).

On July 31, 2026, 121,679 active licenses, or 50%, had a workers' comp exemption on file, and 114,219, or 47%, had a policy, per CSLB's September 2026 Board packet. Among General Building (B) licenses with a policy or exemption on file, 59% had the exemption; among C-10 Electrical licenses, 52%. CSLB's November 2024 stakeholder packet counted 118,000, or 49%.

CSLB has to set up a check. B&P 7125.7 requires a verification process, including an audit, proof or other evidence, by January 1, 2027. In its March 2026 report to the Legislature, CSLB proposed auditing 5% of exemption filers a year, about 450 audits, plus a business plan and a fee of about $500 for each exemption. Those parts are proposals; as of October 2026 they are not in the law.

A stop order bans all employee labor by an employer that has no workers' comp until it gets coverage, effective when served. CSLB can issue one to licensed and unlicensed contractors (B&P 7127), as can the Director of Industrial Relations (Labor Code 3710.1). Ignoring it is a misdemeanor: up to 60 days in county jail, a fine up to $10,000, or both. From January 1 to July 31, 2026, CSLB's SWIFT team issued 181, per its September 2026 Board packet.

Yes, but only through a new law. The current B&P 7125 expires January 1, 2028 “unless a later enacted statute” passed before then “deletes or extends that date” (B&P 7125(i)). As of October 20, 2026, leginfo showed no change after SB 1455. CSLB's March 2026 report says that under current law, all licensed contractors must have proof of coverage by January 1, 2028.

From January 1, 2028, a Certificate of Workers' Compensation Insurance filed by an insurer licensed in California, or a DIR Certification of Self-Insurance, unless the license is inactive or is a joint venture with no employees (B&P 7125 as it reads from 2028). The no-employee exemption ends for everyone else. What a policy can cost is covered in our license cost guide.

Workers' comp is Law and Business material

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Sources

Where every fact on this page comes from

We fetched and read each source below on 20 October 2026. CSLB revises its pages and forms; if anything here differs from CSLB’s own wording when you read it, CSLB’s governs.