PHRca CA Employment and Staffing 2

Question 1

Under California's AB5, which test determines whether a worker is an independent contractor rather than an employee?

Accepted Answer

The ABC test

Answer

AB5 codified the ABC test from Dynamex, requiring that workers be free from control, perform work outside the company's usual business, and be engaged in an independently established trade.

Question 2

California Labor Code Section 432.3 prohibits employers from doing which of the following during the hiring process?

Accepted Answer

Asking about an applicant's prior salary history

Answer

Section 432.3 bans employers from seeking or relying on an applicant's prior salary history when setting compensation, aiming to close pay equity gaps.

Question 3

California's Fair Chance Act (AB 1008) requires employers with 5 or more employees to do what before conducting a background check on an applicant's criminal history?

Accepted Answer

Obtain written consent only after a conditional offer is made

Answer

Under AB 1008, employers must first make a conditional job offer before inquiring about or running a criminal background check.

Question 4

Under the California WARN Act, an employer with 75 or more full- or part-time employees must provide how many days' advance notice before a mass layoff?

Accepted Answer

60 days

Answer

California's WARN Act requires 60 days' advance written notice before a mass layoff, relocation, or plant closing, which is the same as the federal WARN Act threshold.

Question 5

Which California law makes non-compete agreements unenforceable in employment contracts, with very limited exceptions?

Accepted Answer

California Business and Professions Code Section 16600

Answer

Business and Professions Code Section 16600 voids any contract that restrains a person from engaging in a lawful profession, trade, or business, making most non-competes unenforceable.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca CA Employment and Staffing 2