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
- CSLB requires a current workers' comp certificate on file at all times, unless the license holds a valid exemption. (B&P § 7125)
- If required coverage lapses, the license is suspended automatically from the lapse date. (B&P § 7125.2)
- Work performed while the license is suspended is treated as unlicensed work. (CSLB)
- Employing workers without coverage carries minimum civil penalties of $10,000 per violation for a sole owner and $20,000 for a partnership, corporation, LLC or tribal business. That is the text as amended by SB 291, in effect since 1 January 2026. (B&P § 7125.4; SB 291)
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:
- A license that includes C-39 roofing alongside another classification loses the C-39 classification, unless a valid certificate is received. The license is still suspended if the licensee is found to have employees and no valid certificate. (B&P § 7125)
- The same rule applies, since 1 July 2023, to a license that includes C-8, C-20, C-22 or D-49 alongside another classification. (B&P § 7125)
Getting the license reinstated
- 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)
- 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)
- 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)
- 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.
- Business and Professions Code section 7125 (current version, and the version operative 1 January 2028). Read 19 October 2026.
- Business and Professions Code section 7125.1. Read 19 October 2026.
- Business and Professions Code section 7125.2. Read 19 October 2026.
- Business and Professions Code section 7125.3. Read 19 October 2026.
- Business and Professions Code section 7125.4 (as amended by SB 291, Stats. 2025, ch. 455). Read 19 October 2026.
- SB 1455 (Ashby), Stats. 2024, ch. 485, chaptered text. Read 19 October 2026.
- SB 291 (Grayson), Stats. 2025, ch. 455, chaptered text. Read 19 October 2026.
- California Labor Code section 3700. Read 19 October 2026.
- California Labor Code section 3700.5. Read 19 October 2026.
- CSLB, Workers' Compensation Requirements. Read 19 October 2026.