PHRCA Hiring and Onboarding Practices Questions and Answers — Questions and Answers
Question 1: A California company with 10 employees is hiring for a non-managerial accounting position that involves handling more than $10,000 in cash on a regular basis. The company wants to run a consumer credit report as part of its pre-employment screening process. Under California law, what must the employer do BEFORE obtaining the report?
- Obtain verbal consent from the applicant and inform them that a report will be run.
- Proceed with the credit check, as the position's duties create an automatic exception.
- Notify the applicant in writing that a credit report will be obtained and specify the permitted exception under the law. (Correct answer)
- Request the applicant's salary history to correlate with the financial responsibilities of the role.
Correct answer: Notify the applicant in writing that a credit report will be obtained and specify the permitted exception under the law.
California Labor Code Section 1024.5 severely restricts the use of consumer credit reports for employment purposes. However, an exception exists for positions that involve regular access to $10,000 or more in cash. Even when an exception applies, the employer must provide a written notice to the applicant stating that a credit report will be used and must specify the exact exception that permits the check. Verbal consent is insufficient, and salary history inquiries are illegal in California.
Question 2: According to California's Fair Chance Act (Ban the Box), at which stage of the hiring process is an employer with 15 employees permitted to ask a candidate about their criminal conviction history?
- On the initial job application, but only if the question is optional.
- After a conditional offer of employment has been made. (Correct answer)
- During the first interview, to save time for both parties.
- At any time, as long as the employer applies the policy consistently to all applicants.
Correct answer: After a conditional offer of employment has been made.
California's Fair Chance Act, which applies to employers with five or more employees, prohibits employers from inquiring about an applicant's conviction history before a conditional offer of employment has been made. This includes questions on job applications and during interviews. The inquiry can only occur after the employer has decided the candidate is qualified and has extended a job offer contingent upon the results of the background check.
Question 3: Which of the following documents must a California employer provide to all new hires at the time of hiring to comply with state-specific onboarding requirements?
- A copy of the employee's most recent performance review from their previous employer.
- The Disability Insurance Provisions pamphlet (DE 2515). (Correct answer)
- A list of all current employees and their job titles.
- The company's annual financial report.
Correct answer: The Disability Insurance Provisions pamphlet (DE 2515).
California's Employment Development Department (EDD) requires employers to provide all new employees with the Disability Insurance Provisions pamphlet (DE 2515). This pamphlet provides information on the state's Disability Insurance (DI) program. Other required documents include the Paid Family Leave pamphlet (DE 2511) and the Workers' Compensation 'Time of Hire' pamphlet. Requesting a prior performance review, providing a full employee list, or sharing financial reports are not legally mandated onboarding requirements.
Question 4: An interviewer for a company in San Francisco is impressed with a candidate's experience but is concerned about their potential commute. Which of the following questions is a lawful way to address this concern during the pre-offer stage?
- "Do you live nearby, and what is your home address?"
- "Are you able to meet the attendance requirements for this position, including starting at 8:00 AM daily?" (Correct answer)
- "What is your marital status and do you have children that might affect your commute?"
- "Given the high cost of living, what was your compensation at your last job?"
Correct answer: "Are you able to meet the attendance requirements for this position, including starting at 8:00 AM daily?"
It is illegal in California to ask questions that could reveal an applicant's protected status, such as marital status, family status, or specific address (which could indicate national origin or race). It is also illegal to inquire about salary history. The appropriate and legal way to address attendance concerns is to ask a direct, job-related question about the applicant's ability to meet the position's scheduling requirements.
Question 5: A California employer receives a Notice of Inspection from a federal immigration agency to review the company's Forms I-9. Under state law, what is the employer's primary obligation regarding its current employees?
- The employer must immediately terminate any employee whose documentation appears questionable.
- The employer is only required to cooperate with the federal agency and has no obligation to employees.
- The employer must provide a written notice of the inspection to all current affected employees within 72 hours. (Correct answer)
- The employer must give all employees 30 days to provide updated work authorization documents.
Correct answer: The employer must provide a written notice of the inspection to all current affected employees within 72 hours.
California law (Labor Code sections 90.2 and 1019.2) requires employers to notify affected employees within 72 hours of receiving a notice of a federal agency's inspection of Forms I-9 or other employment records. The notice must be in writing and also provided to the employee's collective bargaining representative, if any. This state requirement is in addition to the employer's obligation to cooperate with the federal agency.
Question 6: An agricultural employer in California hires a new group of seasonal workers whose primary language is Spanish. When providing the mandatory Wage Theft Protection Act notice (Labor Code 2810.5), what must the employer do?
- Provide the notice only in English, as it is the official template from the state.
- Verbally explain the terms of employment in Spanish and have an interpreter sign the English notice.
- Provide the notice in Spanish, as it is the language the employer normally uses to communicate with the employees. (Correct answer)
- Provide the notice in English, but only after the employee has worked for 30 days.
Correct answer: Provide the notice in Spanish, as it is the language the employer normally uses to communicate with the employees.
The California Wage Theft Protection Act requires that the Notice to Employee (under Labor Code 2810.5) must be provided in the language the employer normally uses to communicate employment-related information to the employee. The California Labor Commissioner provides official templates in several languages, including Spanish, to facilitate compliance. The notice must be provided in writing at the time of hire, not after a waiting period.
PHRCA Hiring and Onboarding Practices Questions and Answers
A California company with 10 employees is hiring for a non-managerial accounting position that involves handling more than $10,000 in cash on a regular basis.
The company wants to run a consumer credit report as part of its pre-employment screening process.
Under California law, what must the employer do BEFORE obtaining the report?