How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4872
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I own a handyman service in Palmdale, CA I was caught in a

Resolved Question:

I own a handyman service in Palmdale, CA
I was caught in a sting my employee was with me as I did the estimate, at the sting was
Contractors State License Board
Employment Development Department
Department of Industrial Relations Div of Labor
1. The EDD wrote me a citation for "employee was paid wages without itemized wage statemen Labor Code 226 (9)".
2. Department of Industrial Relations Div of Labor wrote me a citation for "Employee not covered by workers Compensation labor code 3700"
3.Contractors State License Board Citation for "Acting in the capacity of a contractor with out a license code 7025 (b) and Advertising in the capacity of a contractor without a license Code 7007.1"

First of all most all my jobs are under $500 as I understand that is legal. I know I screwed up by biding on a job higher than $500. I do not understand why they say I am advertising in the capacity of a contractor I do not claim on my website or on Google places that I am a contractor.

1. Can you look at my website and advertisement on Google places and tell me what I should change so it is legal. website: www.pmchristie.com Google places: https://plus.google.com/113379082797075552853/about?gl=US&hl=en-US

2. My question on workers compensation
I applied with state fund on April 9, 2012 for worker compensation the state fund still has my application in submitted status after many call to the agency I keep getting the run around and no coverage. I have documented proof I applied, is there a way to appeal this citation?

Thank you,

Paul christie
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

1. Advertising in the 'capacity' of a contractor is different than advertising as a contractor. If you hold yourself out as a service that can and will perform jobs that would be over $500 that constitutes advertising in the 'capacity' of a contractor. I would suggest that you put a specific disclaimer on your website that you are not a licensed contractor and that you will not perform work on projects that are over $500.

This is specifically suggested by the California Business and Professions Code Section 7027.2 as a way to avoid liability for advertising in the 'capacity' of a contractor:

"Notwithstanding any other provision of this chapter, any person not licensed pursuant to this chapter may advertise for construction work or work of improvement covered by this chapter, provided that he or she shall state in the advertisement that he or she is not licensed under this chapter."

While that could reduce your business, it would clear up any potential confusion and avoid you from accused of advertising in the 'capacity of a contractor.'

2. Unfortunately, having documented proof that you applied for workers' compensation coverage is different than actually having workers' compensation coverage. As an employer, you are required to have workers' compensation coverage on all your employees, and having applied for it, wouldn't eliminate your liability for employing someone without workers' compensation coverage.

You can always request a hearing before the Labor Board to appeal the citations that you don't agree with, including submitting proof that you applied for workers' compensation benefits prior to the day you were cited.

Please let me know if you have any follow up questions.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 2 years ago.
how do I appeal to the Department of Industrial Relations Div of Labor?
The 15th business day is tomorrow.
what should I say in the appeal?
Is there a special appeal form? or just write a letter?
Expert:  Joseph replied 2 years ago.
You should state that you diagree with the citation that you employed a worker without workers' compensation coverage, since you had applied for workers' compensation coverage through the state fund prior to the time of the citation.

However, as I mentioned earlier, it's unlikely that you would be successful on appeal, since you had only applied, and not obtained workers' compensation coverage on your employee at that time.

You can just write a letter to appeal; there is no special appeal form.
Joseph, Lawyer
Satisfied Customers: 4872
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
would this work:

Disclaimer:
1. Paul Christie's Handyman Services is Licensed and GL Insured to do Jobs under $500
2. Paul Christie's Handyman Services is a Service Company we are not a Licensed Contractor, as per California Business and Professions Code Section 7027.2. We are not allowed to do any jobs over $500
Expert:  Joseph replied 2 years ago.
Yes, that would be a sufficient disclaimer to avoid liability for advertising in the capacity of a contractor.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.