Workers' Comp Lapsed? What Happens to Your CSLB License

If workers' comp that a California contractor license requires lapses, the license is suspended by law from the lapse date. What the statute says, and how reinstatement works.

Updated 7 minute read

This content is general information only and is not legal, tax, financial or insurance advice. Speak to an appropriately licensed professional before acting on it.

As of 19 October 2026. Every fact on this page links to the California statute or the Contractors State License Board (CSLB) page it comes from. California only.

The short version: A California contractor license that requires workers' comp is suspended automatically, by operation of law, on the date the coverage lapses. Work done while it is suspended counts as unlicensed. The suspension lifts once CSLB receives and processes acceptable proof of coverage, and a certificate that reaches CSLB within 90 days of its effective date reinstates the license back to that date.

TL;DR

Who has to keep workers' comp on file with CSLB

CSLB must require, as a condition of issuing, renewing or keeping a license active, that the licensee have a current and valid Certificate of Workers' Compensation Insurance or Certification of Self-Insurance on file at all times. The insurer files the certificate. The Director of Industrial Relations files a self-insurance certification. (B&P § 7125)

Today the one way out is an exemption: a licensee with no employees can file a signed statement saying so. It is not available to licenses with a C-8 (concrete), C-20 (HVAC), C-22 (asbestos abatement), C-39 (roofing) or D-49 (tree service) classification. Those must carry coverage whether or not they have employees. (B&P § 7125; CSLB) A license that is inactive on CSLB's records needs no certificate or exemption while it stays inactive. (B&P § 7125)

The 2028 change, not 2026. Many pages still say every licensed contractor needs workers' comp from 1 January 2026. That date was moved. SB 1455 (2024) made the all-licensees version of section 7125 operative on 1 January 2028. From that date the exemption is limited to joint ventures with no employees. (B&P § 7125; SB 1455)

What happens on the day coverage lapses

If a licensee fails to obtain or maintain coverage that the law requires, the license is suspended automatically, by operation of law. The suspension takes effect on the earlier of two dates: the date the coverage lapses, or the date coverage was first required. (B&P § 7125.2)

The registrar sends the licensee a notice that gives the reason and the effective date, explains that a pending suspension may be posted on the public license record for up to 45 days before the suspension itself is posted, and sets out how to reinstate. (B&P § 7125.2)

CSLB's own guidance is direct: coverage must be continuous, failing to maintain it results in suspension, and any work performed while the license is suspended is considered unlicensed, which can lead to disciplinary action. (CSLB)

The suspension does not change your status as an employer under the Labor Code. (B&P § 7125.2) Separately, every California employer must secure the payment of workers' compensation, either through an insurer authorized in California or with the Director of Industrial Relations' consent to self-insure. (Lab. Code § 3700)

Licenses with more than one classification

For some multi-class licenses, the law removes one classification instead of suspending the whole license:

Getting the license reinstated

  1. Get proof of coverage filed. The insurer files the Certificate of Workers' Compensation Insurance with CSLB, electronically or on paper. CSLB must be named as certificate holder, and the certificate must show the business name, the license number, the policy number, the effective and expiration dates, and an authorized signature. (B&P § 7125; CSLB)
  2. Watch the 90 days. CSLB accepts a certificate as of the effective date shown on it if CSLB receives it within 90 days of that date, and reinstates the license back to that effective date. After 90 days, CSLB accepts the earlier effective date only if the licensee shows, on a form CSLB accepts, that the gap was caused by circumstances beyond their control. (B&P § 7125.1)
  3. Know what retroactive means. A contractor is considered duly licensed during any period for which CSLB is required to accept the certificate, provided the licensee has otherwise complied with the law. (B&P § 7125.3)
  4. Check the record. CSLB lifts the workers' comp suspension once it has received and processed acceptable proof of coverage. (CSLB) You can confirm it on the public license record (see how to check workers' comp status).

Penalties for employing workers without coverage

Three acts are grounds for discipline: filing a false exemption, hiring someone after filing an exemption without first filing a certificate, and employing someone without maintaining coverage for them. For a licensee found to have employed workers without coverage, the section, as amended by SB 291 and in effect since 1 January 2026, sets these civil penalties: (B&P § 7125.4; SB 291)

Who Minimum civil penalty Authority
Sole owner licensee $10,000 per violation B&P § 7125.4(a)(1)
Partnership, corporation, LLC or tribal business licensee $20,000 per violation B&P § 7125.4(a)(2)
Subsequent violations Additional penalties, up to a total of $30,000 per occurrence B&P § 7125.4(a)(3)

The qualifier who is responsible for the license's compliance can also be guilty of a misdemeanor. CSLB may not renew or reinstate the license until a current, valid certificate is on file. (B&P § 7125.4)

Under the Labor Code, an employer who knew, or should reasonably have known, that they had to secure compensation and failed to do so commits a misdemeanor. It is punishable by up to one year in county jail, a fine of up to double the premium that would have been due (at least $10,000), or both. (Lab. Code § 3700.5)

What this page does not answer

This page covers what California law and CSLB say happens to a license. It does not say whether a particular policy covers a particular person or job, and it is not a coverage opinion. For your own situation, ask a licensed professional, or ask Erni below.

Sources

Every statement above is taken from these primary sources, each read on 19 October 2026. Laws change: check the source before you rely on a date or an amount.

Frequently asked questions

What happens to my CSLB license if my workers' comp lapses?

If the license requires workers' comp, it is suspended automatically by operation of law, effective on the date the coverage lapsed (Business and Professions Code section 7125.2). CSLB treats work performed while the license is suspended as unlicensed.

How do I get my license reinstated after a workers' comp suspension?

Your insurer files a Certificate of Workers' Compensation Insurance with CSLB. If CSLB receives it within 90 days of the certificate's effective date, CSLB reinstates the license retroactive to that date (Business and Professions Code section 7125.1). CSLB lifts the suspension once it has processed acceptable proof.

Do all California contractors need workers' comp from January 2026?

No. SB 1455 (2024) moved the all-licensees requirement to 1 January 2028. Until then, a licensee with no employees can file an exemption, unless the license has a C-8, C-20, C-22, C-39 or D-49 classification, which must carry coverage regardless.

What is the penalty for employing workers without workers' comp in California?

Business and Professions Code section 7125.4, as amended by SB 291 and in effect since 1 January 2026, sets minimum civil penalties for a licensee found to have employed workers without coverage: $10,000 per violation for a sole owner licensee and $20,000 for a partnership, corporation, LLC or tribal business. Labor Code section 3700.5 separately makes knowingly failing to secure compensation a misdemeanor.