An employer hires one part-time and two full-time employees. The full-time employees are covered by workers' compensation but the part-time employee is not. Is this lawful?

An employer hires one part-time and two full-time employees. The full-time employees are covered by workers' compensation but the part-time employee is not. Is this lawful?

• A. Yes: part-time exclusion is allowed
• B. Yes if part-time is seasonal
• C. No: even part-time employees must be covered
• D. No: only if the business is a sole proprietorship

Answer: (C)

In California, workers’ compensation coverage is required for almost every employer that has employees. Part-time workers count as employees, and there isn’t a lawful exemption just because someone works fewer hours or is seasonal. So leaving the part-time worker uninsured while full-time employees are insured isn’t allowed. There are only narrow exceptions (for example, certain sole proprietors with no employees or specific corporate officer arrangements), but with two full-time employees in the business, the part-time worker must be covered. If coverage isn’t provided, the employer can face penalties and potential liability for benefits.

In California, workers’ compensation coverage is required for almost every employer that has employees. Part-time workers count as employees, and there isn’t a lawful exemption just because someone works fewer hours or is seasonal. So leaving the part-time worker uninsured while full-time employees are insured isn’t allowed.

There are only narrow exceptions (for example, certain sole proprietors with no employees or specific corporate officer arrangements), but with two full-time employees in the business, the part-time worker must be covered. If coverage isn’t provided, the employer can face penalties and potential liability for benefits.