Is it lawful to exclude part-time employees from workers' compensation coverage if full-time employees are covered?

Is it lawful to exclude part-time employees from workers' compensation coverage if full-time employees are covered?

• A. Yes, if part-time workers are temporary
• B. Yes, if part-time hours are limited
• C. No: part-time workers must also be covered
• D. No: only if the business has fewer than three employees

Answer: (C)

In California, workers’ compensation coverage is required for virtually all employees, not just those who work full-time. If someone is an employee of the business—on the payroll, under the employer’s control, and performing work for the business—that person must be covered, regardless of how many hours they work. So excluding part-time workers simply because full-time workers are covered is not lawful. The protection is meant to apply to every person who performs services for the company, ensuring medical treatment and wage benefits if they’re injured on the job. The other ideas—that coverage depends on temporary status, limited hours, or the business having a small number of employees—don’t apply here, because the obligation rests on employee status, not the number of hours or the company size.

In California, workers’ compensation coverage is required for virtually all employees, not just those who work full-time. If someone is an employee of the business—on the payroll, under the employer’s control, and performing work for the business—that person must be covered, regardless of how many hours they work. So excluding part-time workers simply because full-time workers are covered is not lawful. The protection is meant to apply to every person who performs services for the company, ensuring medical treatment and wage benefits if they’re injured on the job.

The other ideas—that coverage depends on temporary status, limited hours, or the business having a small number of employees—don’t apply here, because the obligation rests on employee status, not the number of hours or the company size.