PHRca Professional in Human Resources-California MCQ 3 — Questions and Answers
Question 1: Under the California WARN Act, what is the minimum number of employees a layoff must affect to trigger notice requirements?
- 25 employees (Correct answer)
- 50 employees
- 100 employees
- 75 employees
Correct answer: 25 employees
California WARN Act requires 60 days' notice when a mass layoff affects 50 or more employees OR when a plant closing or relocation affects 25 or more employees.
Question 2: A California employer wants to conduct a background check on a job applicant. Under the ICRAA, what must the employer do before obtaining the report?
- Provide written notice and obtain written authorization from the applicant (Correct answer)
- Simply notify the applicant verbally before the check is run
- Submit a request through the state labor department
- Provide notice only if the report reveals adverse information
Correct answer: Provide written notice and obtain written authorization from the applicant
California's Investigative Consumer Reporting Agencies Act (ICRAA) requires employers to provide written disclosure and obtain written authorization before requesting a background check.
Question 3: Which of the following correctly describes California's 'use it or lose it' policy for vacation time?
- California prohibits use-it-or-lose-it vacation policies (Correct answer)
- California allows use-it-or-lose-it policies if disclosed in writing
- California allows vacation caps but not forfeiture of accrued vacation
- California permits forfeiture if the employer provides 90 days' notice
Correct answer: California prohibits use-it-or-lose-it vacation policies
California law treats accrued vacation as earned wages, making use-it-or-lose-it policies illegal; employers may cap accrual but cannot forfeit already-earned vacation.
Question 4: Under California law, when must an employer pay a terminated employee their final wages?
- Within 72 hours of termination
- On the next regular payday
- At the time of termination (Correct answer)
- Within 3 business days
Correct answer: At the time of termination
California Labor Code §201 requires that wages of discharged employees be paid immediately at the time of discharge.
Question 5: What is the primary purpose of California's Private Attorneys General Act (PAGA)?
- To allow the state AG to prosecute labor violations criminally
- To allow employees to sue on behalf of the state for Labor Code violations (Correct answer)
- To create a private arbitration system for wage disputes
- To establish a state fund for injured workers
Correct answer: To allow employees to sue on behalf of the state for Labor Code violations
PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state.
Question 6: California's AB 5 (Assembly Bill 5) primarily addresses which employment issue?
- Mandatory arbitration agreements
- Worker classification as employees vs. independent contractors (Correct answer)
- Paid family leave expansion
- Workplace safety inspections
Correct answer: Worker classification as employees vs. independent contractors
AB 5 codified the ABC test for worker classification, making it harder to classify workers as independent contractors rather than employees.
Question 7: Under California law, which meal period rule applies to employees working shifts longer than 10 hours?
- A second 30-minute meal period is required (Correct answer)
- The first meal period may be waived if the shift is under 12 hours
- Employees must receive a 60-minute meal period
- No additional meal period is required beyond the first
Correct answer: A second 30-minute meal period is required
California requires a second 30-minute meal period for employees working more than 10 hours in a day.
PHRca Professional in Human Resources-California MCQ 3
Under the California WARN Act, what is the minimum number of employees a layoff must affect to trigger notice requirements?