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Author Topic: Real Estate Agents  (Read 11088 times)
 
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AuditorLisa
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« on: July 14, 2008, 12:38:06 PM »

I found this some years ago and it has served me well.  I thought i would share.

From the California Department of Industrial Relations web site.

Notice to the Real Estate industry regarding workers' compensation coverage

California requires real estate brokers to provide workers’ compensation coverage for their real estate sales agents. If an agent of an uninsured broker is injured and cannot collect the workers’ compensation benefits to which they are entitled through the broker’s policy, the agent receives benefits from the Uninsured Employers Fund (UEF). The UEF would, in turn, make every attempt to collect from the broker.

In addition, when an investigation is conducted by the Division of Labor Standards Enforcement and it is determined that an employer is illegally uninsured, then that employer may be liable for up to $100,000 in penalties.

All uninsured employers in the real estate industry are urged to immediately obtain workers’ compensation coverage either through the state-recognized self-insurance program or through a carrier recognized by the California Department of Insurance.

Section 10032.b of the Business and Professions Code provides the following:
A real estate broker and a real estate salesperson licensed under that broker may contract between themselves as independent contractors or as employer and employee, for purposes of their legal relationship with and obligations to each other. Characterization of a relationship as either "employer and employee" or "independent contractor" for statutory purposes, including, but not limited to, withholding taxes on wages and for purposes of unemployment compensation, shall be governed by Section 650 and Sections 13000 to 13054, inclusive, of the Unemployment Insurance Code. For purposes of workers compensation the characterization of the relationship shall be governed by section 3200 and following of the Labor Code.

You can see the advisory at: You must login to view links.
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the website of The Claims Journal.


NOTE: The DIR removed the link to the advisory.  Please see the You must login to view links.
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April 19, 2004 California Labor and Workforce Development Agency Letter to Real Estate Broker
which indicates that real estate salespersons will be treated as employees for purposes of workers' compensation laws.

See also the DIR Press Release: You must login to view links.
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Labor Commissioner recovers $4.8 million in unpaid wages in settlement with ZipRealty
, and copy of the complaint You must login to view links.
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here
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« Last Edit: February 17, 2015, 03:46:18 PM by beancounter, Reason: added claims journal link » Logged
The valetudinarian
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« Reply #1 on: July 14, 2008, 02:57:34 PM »

                                                            "SWELL"! Grin Grin
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« Reply #2 on: July 14, 2008, 05:07:32 PM »

Thank you for the link AuditorLisa!  That's a good reference to have.  Wink
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« Reply #3 on: October 15, 2008, 11:16:27 AM »

I just stumbled onto this...you can lookup an agent's license here on the You must login to view links.
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Department of Real Estate's website
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If you are looking for a Salesperson, Broker or Officer, enter the last name first then a comma and then part of the first name. If this does not work try entering just the first few characters of the last name.  example: Smith, John', 'Smith, J', 'Smi'
 
Periods and Spaces between initials do not matter.
 
You do not have to enter the entire name of the licensee but you must enter at least 3 letters of the licensee's name to perform a search
 
Note:  Licensed real estate brokers, who are employed by other brokers or corporations, will not appear on the list of affiliated salespersons. These licensees must be searched individually by name.
 
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