PHRca Employee Relations and Lifecycle 5

Question 1

Under AB 5 (California's worker classification law), the ABC test presumes a worker is an employee unless the hiring entity can prove all three parts of the test. Which of the following is part B of the ABC test?

Accepted Answer

The worker performs work outside the usual course of the hiring entity's business

Answer

Part B of the ABC test requires that the worker performs work that is outside the usual course of the hiring entity's business, a critical distinction from federal classification tests.

Question 2

California's Cal/OSHA requires employers to establish and maintain an Injury and Illness Prevention Program (IIPP). Who is ultimately responsible for the IIPP?

Accepted Answer

The employer

Answer

Cal/OSHA places ultimate responsibility for the IIPP on the employer, who must identify a responsible person but remains accountable for the program's effectiveness.

Question 3

A California employer with 5 or more employees is required to provide sexual harassment prevention training to non-supervisory employees within how long of their hire date?

Accepted Answer

90 days

Answer

SB 1343 requires non-supervisory employees to receive 1 hour of sexual harassment prevention training within 6 months of hire.

Question 4

Under California law, which of the following employee records must be retained for a minimum of 3 years?

Accepted Answer

Payroll records including wages, hours, and working conditions

Answer

California Labor Code §1174 requires payroll records showing hours worked and wages paid to be kept for at least 3 years.

Question 5

An employee handbook in California should expressly state the company's at-will employment policy but must also avoid language that could be interpreted as creating which type of contract?

Accepted Answer

Implied contract of continued employment

Answer

California courts have found implied contracts based on handbook language promising job security; handbooks should use clear at-will disclaimers to prevent this.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca Employee Relations and Lifecycle 5