PHRca - Professional in Human Resources - California (PHRca) CA Employment and Staffing 1 — Questions and Answers
Question 1: Under the California WARN Act (Labor Code §1400 et seq.), an employer with 75 or more employees must provide how many days of advance written notice before conducting a mass layoff of 50 or more employees?
- 30 days
- 45 days
- 60 days (Correct answer)
- 90 days
Correct answer: 60 days
California's WARN Act requires 60 days' advance notice before a covered mass layoff, relocation, or plant closing — matching the federal WARN Act timeline but applying to employers with as few as 75 employees (versus the federal threshold of 100), giving California workers broader protection.
Question 2: Under California's ABC test codified by AB 5, which of the following describes 'Prong B' — the criterion that must be satisfied to classify a worker as an independent contractor?
- The worker is free from the control and direction of the hiring entity in connection with the performance of the work
- The worker performs work that is outside the usual course of the hiring entity's business (Correct answer)
- The worker is customarily engaged in an independently established trade, occupation, or business
- The worker holds an active California business license and files taxes as a sole proprietor
Correct answer: The worker performs work that is outside the usual course of the hiring entity's business
Prong B requires that the work performed falls outside the usual course of the hiring entity's business. All three prongs of the ABC test must be satisfied; Prong B is often the most difficult to meet and was the central concern in debates over gig-economy workers performing core business tasks.
Question 3: California's SB 1162, effective January 1, 2023, requires employers to include a pay scale in all job postings. Which employer size triggers this obligation?
- All California employers, regardless of size
- Employers with 15 or more employees (Correct answer)
- Employers with 50 or more employees
- Employers with 100 or more employees
Correct answer: Employers with 15 or more employees
SB 1162 amended Labor Code §432.3 to require employers with 15 or more employees to disclose the pay scale (hourly wage range or annual salary range) in every job posting, including those published through third-party job boards, to promote pay transparency.
Question 4: Under California's Fair Chance Act (AB 1008), which applies to employers with five or more employees, at what point in the hiring process may an employer first ask an applicant about their criminal history?
- On the initial employment application
- During the first in-person or video interview
- Only after a conditional offer of employment has been extended (Correct answer)
- After the applicant has successfully completed a background authorization form
Correct answer: Only after a conditional offer of employment has been extended
AB 1008 (amending FEHA) prohibits covered employers from inquiring about criminal history until after a conditional offer of employment is made. If the employer then considers rescinding the offer based on that history, they must conduct an individualized assessment and follow a specific adverse-action notice process.
Question 5: California Labor Code Section 1019.1 restricts employer use of the federal E-Verify system. Which of the following best describes the conduct it prohibits?
- Using E-Verify to verify the work authorization of any new hire, regardless of the employer's federal contract status
- Re-verifying the employment authorization of existing employees through E-Verify unless required by federal law or a federal contract (Correct answer)
- Using E-Verify for seasonal or temporary workers hired through a staffing agency
- Requiring applicants to complete E-Verify screening before a conditional offer of employment is made
Correct answer: Re-verifying the employment authorization of existing employees through E-Verify unless required by federal law or a federal contract
Labor Code §1019.1 prohibits employers from voluntarily using E-Verify to re-check the work authorization of current employees except when mandated by federal law or required as a condition of a federal contract, protecting workers from discriminatory over-verification that can disproportionately affect immigrant employees.
Question 6: Under California Labor Code Section 2810.3 (AB 1897), a client employer that obtains workers from a labor contractor becomes jointly and severally liable with the contractor for which obligations?
- The labor contractor's state registration fees and bonding requirements
- Unpaid wages owed to the workers and failure to secure workers' compensation coverage
- The cost of pre-employment background screening and drug testing (Correct answer)
- OSHA penalty assessments issued to the labor contractor at the worksite
Correct answer: The cost of pre-employment background screening and drug testing
AB 1897 (Labor Code §2810.3) imposes joint and several liability on client employers for a labor contractor's failure to pay wages and failure to provide workers' compensation insurance. This ensures workers have a financially viable party to pursue when a staffing agency fails to meet basic wage and insurance obligations.
PHRca - Professional in Human Resources - California (PHRca) CA Employment and Staffing 1
Under the California WARN Act (Labor Code §1400 et seq.), an employer with 75 or more employees must provide how many days of advance written notice before conducting a mass layoff of 50 or more employees?