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A contractor's workers' compensation policy lapses on March 15th. The contractor continues working with employees until March 30th when a new policy takes effect. What penalty applies?

Correct Answer

D) $100 per day per employee

B&P Code Section 7125 imposes a penalty of $100 per day per employee for operating without required workers' compensation coverage. 15 days × $100 × number of employees.

Answer Options
A
Automatic license suspension
B
$500 per employee for the entire period
C
$100 per day total
D
$100 per day per employee

Why This Is the Correct Answer

B&P Code Section 7125 imposes a penalty of $100 per day per employee for operating without required workers' compensation coverage. The per-employee, per-day calculation makes the penalty escalate rapidly depending on workforce size, reflecting the serious nature of leaving workers unprotected.

Why the Other Options Are Wrong

Option A: Automatic license suspension

Automatic license suspension is not the penalty structure described in B&P Code Section 7125 for this scenario. While CSLB may ultimately suspend a license for ongoing non-compliance, the statute specifies a monetary penalty calculated by employee count and days, not an automatic suspension.

Option B: $500 per employee for the entire period

$500 per employee for the entire period is not the penalty formula under B&P Code 7125. This amount is incorrect; the statute specifies $100 per day, not a flat $500 per employee.

Option C: $100 per day total

$100 per day total (not per employee) would drastically understate the penalty for contractors with multiple workers. The statute explicitly applies the $100 per day rate to each individual employee, making the workforce size a critical multiplier.

Memory Technique

Think '$100/day/employee — every worker counts every day.' The penalty scales like payroll: just as you pay each worker each day they work, you owe $100 for each worker each day they work without coverage.

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