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Joseph
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Category: California Employment Law
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I own a handyman service in Palmdale, CA I was caught in a

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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
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 4 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?
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 and other California Employment Law Specialists are ready to help you
Customer: replied 4 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
Yes, that would be a sufficient disclaimer to avoid liability for advertising in the capacity of a contractor.

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