Dwc 11 2025

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Beginning in 2025, private employers who hire certain independent contractors will be required to provide a written agreement specifying certain terms and to pay their compensation by certain deadlines. The new law aims to give freelancers basic worker protections and the right to be paid on time.
Under Section 11A, an employer must prove: Their actions were the whole or predominant cause of the workers injury. Their actions fell within the categories outlined in Section 11A; and. Their actions were reasonable.
AB 5 requires the application of the ABC test to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) wage orders.
Once a small business owner is notified of a potentially work-related injury or illness, they should provide the employee the DWC 1 claim form. The employer should fill out their part of the form and send the completed form to the insurance company.
The 2 year contractor rule is a provision that limits the amount of time a contractor can work for a company as an independent contractor without being considered an employee. It typically states contractor works company 2 years, may deemed employee legal tax purposes.

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On September 28, 2024, California Governor Gavin Newsom enacted SB 988, known as the Freelance Worker Protection Act (FWPA). The FWPA establishes baseline standards for contracts between freelance workers and private employers, entered into or renewed on or after January 1, 2025.
The Division of Workers Compensation (DWC) monitors the administration of workers compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers compensation benefits.

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