PHRca FREE Professional in Human Resources - California (PHRca) CA Employment and Staffing Questions and Answers 2 — Questions and Answers
Question 1: Under California law, what is the maximum probationary period an employer can set for a new employee before they are considered permanent?
- 6 months
- 90 days
- There is no statutory maximum for private employers (Correct answer)
- 1 year
Correct answer: There is no statutory maximum for private employers
California does not impose a statutory maximum probationary period for private-sector employers; the duration is set by company policy or collective bargaining agreements.
Question 2: Which California agency is primarily responsible for enforcing wage and hour laws, including staffing-related complaints?
- Employment Development Department (EDD)
- Division of Labor Standards Enforcement (DLSE) (Correct answer)
- Department of Fair Employment and Housing (DFEH)
- Cal/OSHA
Correct answer: Division of Labor Standards Enforcement (DLSE)
The DLSE, also known as the Labor Commissioner's Office, is the primary agency enforcing California wage and hour laws including those affecting staffing arrangements.
Question 3: When a California employer uses a temporary staffing agency, who bears primary responsibility for providing workers' compensation coverage to the temporary employees?
- The client company exclusively
- The staffing agency as the employer of record (Correct answer)
- Both share equal liability with no distinction
- The employee must obtain their own coverage
Correct answer: The staffing agency as the employer of record
The staffing agency, as the employer of record, is primarily responsible for providing workers' compensation coverage for temporary employees placed at client sites.
Question 4: Under California's AB 1033, which took effect in 2024, what additional leave category was added to the California Family Rights Act (CFRA)?
- Leave to care for a designated person (Correct answer)
- Leave for reproductive loss
- Leave to care for a seriously ill pet
- Leave for grandparent bonding
Correct answer: Leave to care for a designated person
AB 1033 expanded CFRA to allow employees to take protected leave to care for a designated person, broadening the definition beyond traditional family members.
Question 5: In California, what document must employers provide to all new hires at the time of hiring that includes rate of pay, pay day, and employer information?
- Form W-4
- Notice to Employee (Labor Code Section 2810.5) (Correct answer)
- Employment Eligibility Verification (I-9)
- At-will employment acknowledgment
Correct answer: Notice to Employee (Labor Code Section 2810.5)
California Labor Code Section 2810.5 requires employers to provide a written notice to new employees at the time of hire detailing wage rate, pay schedule, and employer identity.
Question 6: What is the penalty under California law if an employer fails to pay final wages to a terminated employee on their last day of work?
- A flat $500 fine per occurrence
- Waiting time penalties of up to 30 days of the employee's daily wage (Correct answer)
- No penalty if paid within 72 hours
- Criminal prosecution only
Correct answer: Waiting time penalties of up to 30 days of the employee's daily wage
Under California Labor Code Section 203, an employer who willfully fails to pay final wages upon termination may owe waiting time penalties equal to the employee's daily rate for up to 30 days.
PHRca FREE Professional in Human Resources - California (PHRca) CA Employment and Staffing Questions and Answers 2
Under California law, what is the maximum probationary period an employer can set for a new employee before they are considered permanent?