PHRca - Professional in Human Resources - California (PHRca) CA Wage and Hour Laws 1 — Questions and Answers
Question 1: Under California law, how many paid rest breaks is an employee entitled to during a standard 8-hour workday?
- One 10-minute break
- Two 10-minute breaks (Correct answer)
- One 15-minute break
- Two 15-minute breaks
Correct answer: Two 10-minute breaks
California requires one paid 10-minute rest break for every four hours worked (or major fraction thereof). An 8-hour shift generates two such periods, making two 10-minute breaks the correct entitlement. Rest breaks, unlike meal periods, are paid and must be counted as hours worked.
Question 2: Under California's reporting time pay rule, if an employee is scheduled for an 8-hour shift but is sent home after only 1 hour of work, what is the minimum amount the employer must pay for that day?
- 1 hour at the regular rate of pay
- 2 hours at the regular rate of pay
- 4 hours at the regular rate of pay (Correct answer)
- 8 hours at the regular rate of pay
Correct answer: 4 hours at the regular rate of pay
California's reporting time pay rule (IWC Wage Orders) requires employers to pay employees for at least half of their scheduled shift when they are sent home early, with a floor of 2 hours and a ceiling of 4 hours. Half of an 8-hour scheduled shift is 4 hours, which falls within that range, so 4 hours is owed.
Question 3: What vote threshold must be met for California employees to legally adopt an Alternative Workweek Schedule (AWS)?
- A simple majority (more than 50%) of affected employees
- At least 60% of affected employees
- At least two-thirds (2/3) of affected employees in a secret ballot election (Correct answer)
- Unanimous consent of all affected employees
Correct answer: At least two-thirds (2/3) of affected employees in a secret ballot election
California Labor Code Section 511 requires that an Alternative Workweek Schedule be approved by two-thirds of affected employees in a secret ballot election conducted during regular working hours. This supermajority requirement protects workers from being pressured into schedules they do not want.
Question 4: Under California Labor Code Section 226.2, how must employers calculate the compensation owed to piece-rate employees for mandatory rest and recovery periods?
- At the applicable state or local minimum wage
- At the employee's highest piece-rate unit price during that pay period
- At a separate hourly rate equal to total compensation divided by total productive (non-rest) hours worked (Correct answer)
- No separate compensation is required because rest time is considered included in piece-rate pay
Correct answer: At a separate hourly rate equal to total compensation divided by total productive (non-rest) hours worked
LC 226.2 requires that rest and recovery periods for piece-rate workers be compensated at a separately calculated average hourly rate: total compensation earned (excluding rest-period premiums) divided by total productive hours worked during the pay period. Courts found that bundling rest pay into piece-rate totals was insufficient.
Question 5: A California employee gives her employer exactly 72 hours' written notice of resignation. Under the California Labor Code, by when must the employer provide her final paycheck?
- On her last day of work (Correct answer)
- Within 3 business days of her last day
- On the next regularly scheduled payday
- Within 7 calendar days of her last day
Correct answer: On her last day of work
California Labor Code Section 202 requires that when an employee gives at least 72 hours' advance notice of resignation, all wages due must be paid on the employee's final day of work. Employees who resign without sufficient notice are entitled to final pay within 72 hours of quitting.
Question 6: Which of the following items is NOT required to appear on a California employee's itemized wage statement (pay stub) under Labor Code Section 226?
- The employee's full Social Security Number (Correct answer)
- All applicable hourly rates in effect during the pay period
- The name and address of the legal entity that is the employer
- The inclusive dates of the pay period
Correct answer: The employee's full Social Security Number
California Labor Code 226 specifically requires only the last four digits of the employee's Social Security Number (or an employee ID number), not the full SSN, to protect employees against identity theft. All other options — hourly rates, employer's legal name and address, and pay period dates — are mandatory elements of a compliant wage statement.
PHRca - Professional in Human Resources - California (PHRca) CA Wage and Hour Laws 1
Under California law, how many paid rest breaks is an employee entitled to during a standard 8-hour workday?