PHRca Professional in Human Resources-California MCQ 2 — Questions and Answers
Question 1: Under California's CFRA, which of the following employers is covered?
- Employers with 10 or more employees
- Employers with 25 or more employees
- Employers with 50 or more employees
- Employers with 5 or more employees (Correct answer)
Correct answer: Employers with 5 or more employees
California's CFRA was expanded in 2021 to cover employers with 5 or more employees, broader than federal FMLA's 50-employee threshold.
Question 2: California's Kin Care law requires employers to allow employees to use accrued sick leave to care for which family members?
- Only spouse and children
- Only parents and grandparents
- A broad range including grandparents, siblings, and domestic partners (Correct answer)
- Only immediate family as defined by federal law
Correct answer: A broad range including grandparents, siblings, and domestic partners
California's Kin Care law (Labor Code §233) allows employees to use up to half their accrued sick leave for a broad range of family members including grandparents, siblings, and domestic partners.
Question 3: Under California law, what is the maximum penalty for willful misclassification of an employee as an independent contractor?
- $5,000 per violation
- $25,000 per violation (Correct answer)
- $15,000 per violation
- $50,000 per violation
Correct answer: $25,000 per violation
California Labor Code §226.8 provides for civil penalties between $5,000 and $25,000 per violation for willful misclassification of employees as independent contractors.
Question 4: Which California statute specifically prohibits retaliation against employees who disclose their wages to coworkers?
- California Equal Pay Act
- Labor Code §232 (Correct answer)
- FEHA Section 12945
- California WARN Act
Correct answer: Labor Code §232
Labor Code §232 prohibits employers from retaliating against employees who disclose their own wages or discuss the wages of others.
Question 5: An employer in California discovers an employee has been secretly recording workplace conversations. Under California Penal Code §632, what is true?
- Recording is permitted if it captures evidence of illegal activity
- All parties to a conversation must consent to recording (Correct answer)
- Only one party needs to consent to recording
- Recording is permitted in open-plan offices without consent
Correct answer: All parties to a conversation must consent to recording
California is an all-party consent state under Penal Code §632, requiring all parties to a confidential communication to consent before recording.
Question 6: Under California's Healthy Workplaces Healthy Families Act, how much paid sick leave must employers provide to employees?
- 3 days or 24 hours per year
- 5 days or 40 hours per year (Correct answer)
- 7 days or 56 hours per year
- 2 days or 16 hours per year
Correct answer: 5 days or 40 hours per year
As of 2024, California's Healthy Workplaces Healthy Families Act requires employers to provide at least 5 days or 40 hours of paid sick leave per year.
Question 7: Under California FEHA, which of the following is NOT a protected characteristic?
- Genetic information
- Political affiliation (Correct answer)
- Military and veteran status
- Marital status
Correct answer: Political affiliation
While FEHA covers many characteristics, political affiliation is not a listed protected class under California FEHA, though it may be protected under other California laws.
Under California's CFRA, which of the following employers is covered?