PHRca FREE Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle Questions and Answers 2 — Questions and Answers
Question 1: Under California law, what is the maximum probationary period an employer can set before an employee gains certain protections under a collective bargaining agreement?
- 30 days
- 60 days
- 90 days (Correct answer)
- 180 days
Correct answer: 90 days
California employers commonly establish a 90-day probationary period, which is the standard maximum before employees gain full contractual protections under most collective bargaining agreements.
Question 2: Which California agency is primarily responsible for investigating workplace retaliation claims filed by employees?
- Department of Industrial Relations
- California Labor Commissioner's Office (Correct answer)
- Division of Occupational Safety and Health
- Department of Fair Employment and Housing
Correct answer: California Labor Commissioner's Office
The California Labor Commissioner's Office (also known as DLSE) investigates retaliation complaints under various California Labor Code provisions.
Question 3: When conducting a workplace investigation in California, which of the following is an employer legally required to do?
- Allow the accused employee to have legal counsel present during interviews
- Complete the investigation within 30 calendar days
- Provide the complainant with a copy of the final investigation report
- Conduct a fair, thorough, and timely investigation (Correct answer)
Correct answer: Conduct a fair, thorough, and timely investigation
California courts have established that employers must conduct investigations that are fair, thorough, and timely to meet their legal obligations under FEHA and related statutes.
Question 4: In California, which document must an employer provide to an employee at the time of separation from employment?
- A severance agreement
- A non-compete acknowledgment
- A Notice to Employee as to Change in Relationship (EDD form) (Correct answer)
- A letter of recommendation
Correct answer: A Notice to Employee as to Change in Relationship (EDD form)
California requires employers to provide the Notice to Employee as to Change in Relationship form immediately upon termination, layoff, or leave of absence to inform the employee of the change in employment status.
Question 5: Under California's WARN Act (Cal-WARN), how many days of advance notice must a covered employer give before a mass layoff?
- 30 days
- 60 days (Correct answer)
- 90 days
- 120 days
Correct answer: 60 days
California's WARN Act requires covered employers with 75 or more employees to provide 60 days' advance written notice before a mass layoff, relocation, or plant closure.
Question 6: Which of the following best describes California's stance on non-compete agreements in the employment context?
- They are enforceable if limited to one year
- They are enforceable only for executive-level employees
- They are generally void and unenforceable (Correct answer)
- They are enforceable if the employee receives additional compensation
Correct answer: They are generally void and unenforceable
Under California Business and Professions Code Section 16600, non-compete agreements are generally void and unenforceable, with very narrow exceptions such as the sale of a business.
PHRca FREE Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle Questions and Answers 2
Under California law, what is the maximum probationary period an employer can set before an employee gains certain protections under a collective bargaining agreement?