PHRCA Compliance and Risk Management Questions and Answers — Questions and Answers
Question 1: An employee with a known disability provides a doctor's note requesting a modified work schedule. Under California's Fair Employment and Housing Act (FEHA), what is the employer's IMMEDIATE next step?
- Consult with legal counsel to determine if the request constitutes an undue hardship.
- Request the employee's complete medical file to validate the disability claim.
- Inform the employee that the company cannot alter standard work schedules.
- Engage in a timely, good-faith interactive process with the employee to discuss the request. (Correct answer)
Correct answer: Engage in a timely, good-faith interactive process with the employee to discuss the request.
Under FEHA, upon receiving a request for reasonable accommodation, an employer has an affirmative duty to engage in a timely, good-faith interactive process with the employee. [6, 14, 18] This is a collaborative effort to explore potential accommodations. [6, 18] Immediately denying the request, demanding an entire medical file, or jumping to an undue hardship analysis without discussion are all violations of this requirement. The first step is always the conversation.
Question 2: A former employee of a company in California submits a written request to inspect their personnel file. According to California Labor Code section 1198.5, what is the maximum amount of time the employer has to make the file available for inspection?
- 15 business days
- 21 calendar days
- 30 calendar days (Correct answer)
- 45 business days
Correct answer: 30 calendar days
California Labor Code section 1198.5 specifies that an employer must make personnel files available for inspection within 30 calendar days from the date a written request is received. [15, 28, 33] This deadline can be extended to 35 days only if there is a mutual written agreement between the employer and the requester. [28]
Question 3: Which of the following is a key distinction between the federal WARN Act and the California WARN (Cal-WARN) Act regarding employer coverage?
- Federal WARN applies to employers with 50+ employees, while Cal-WARN applies to employers with 100+ employees.
- Cal-WARN requires a 90-day notice period, whereas the federal WARN Act requires a 60-day notice.
- The federal WARN Act only counts full-time employees, while Cal-WARN counts both full-time and part-time employees toward its threshold. [5, 19] (Correct answer)
- Cal-WARN does not apply to plant relocations, only to mass layoffs and closures.
Correct answer: The federal WARN Act only counts full-time employees, while Cal-WARN counts both full-time and part-time employees toward its threshold. [5, 19]
A significant difference is how employees are counted. The federal WARN Act generally applies to employers with 100 or more full-time employees. In contrast, the Cal-WARN Act applies to employers with 75 or more employees, and it explicitly includes both full-time and part-time employees in that count, making its scope broader. [2, 5, 19]
Question 4: An employer in California is preparing an employee's final paycheck. Which of the following deductions is generally PERMISSIBLE without the employee's written authorization?
- The cost of a broken piece of equipment due to the employee's simple negligence.
- A deduction for a cash register shortage that occurred on the employee's shift.
- A legally mandated wage garnishment order from a court. (Correct answer)
- The cost of the employee's uniform that was not returned.
Correct answer: A legally mandated wage garnishment order from a court.
California law strictly limits the types of deductions an employer can make from an employee's wages. Deductions required by state or federal law, such as a court-ordered wage garnishment, are permissible. [3, 34] Deductions for cash shortages, breakage, or loss of equipment due to simple negligence are generally not allowed, as these are considered a cost of doing business. [3, 29, 34]
Question 5: A California employer with 25 employees must provide harassment prevention training. What are the minimum required training durations for non-supervisory and supervisory employees, respectively?
- 30 minutes for non-supervisory, 1 hour for supervisory.
- 1 hour for non-supervisory, 1 hour for supervisory.
- 2 hours for non-supervisory, 2 hours for supervisory.
- 1 hour for non-supervisory, 2 hours for supervisory. (Correct answer)
Correct answer: 1 hour for non-supervisory, 2 hours for supervisory.
Under California law (SB 1343), employers with five or more employees must provide harassment prevention training every two years. The requirement is at least one hour of training for all non-supervisory employees and at least two hours for all supervisory employees. [22, 35, 38]
Question 6: According to California Labor Code section 226, which of the following pieces of information is required to be included on an employee's itemized wage statement?
- The employer's Federal Employer Identification Number (FEIN).
- The employee's full Social Security number.
- The name and address of the legal entity that is the employer. [8, 10] (Correct answer)
- The employee's date of hire.
Correct answer: The name and address of the legal entity that is the employer. [8, 10]
California Labor Code section 226 lists nine specific items that must be on every itemized wage statement. One of these requirements is the full name and address of the legal entity that is the employer. [4, 8, 10] The law only requires the last four digits of the employee's Social Security number or an employee ID number, not the full SSN. [8]
PHRCA Compliance and Risk Management Questions and Answers
An employee with a known disability provides a doctor's note requesting a modified work schedule.
Under California's Fair Employment and Housing Act (FEHA), what is the employer's IMMEDIATE next step?