PHRca General Practice 3 — Questions and Answers
Question 1: An employer in California fails to provide a required rest break to an employee. What is the penalty owed to the employee?
- $50 flat fine payable to the state
- One additional hour of pay at the regular rate (Correct answer)
- Time-and-a-half for the missed break period
- Two hours of pay at the regular rate
Correct answer: One additional hour of pay at the regular rate
Under California Labor Code Section 226.7, failure to provide a required rest or recovery period entitles the employee to one additional hour of pay at the regular rate of compensation.
Question 2: Which California law specifically protects employees from retaliation for disclosing their wages to coworkers?
- Labor Code Section 232 (Correct answer)
- Equal Pay Act
- AB 1513
- SB 807
Correct answer: Labor Code Section 232
California Labor Code Section 232 prohibits employers from retaliating against employees who disclose their wages or discuss wages with coworkers.
Question 3: Under California's lactation accommodation law, what must employers provide to nursing employees?
- A private space that is not a bathroom, with reasonable break time (Correct answer)
- A dedicated lactation room with a lock and refrigerator only
- Paid lactation breaks of at least 20 minutes
- On-site childcare facilities
Correct answer: A private space that is not a bathroom, with reasonable break time
California law requires employers to provide a private space that is not a bathroom and reasonable break time for employees to express breast milk.
Question 4: A California employer with 25 or more employees is subject to which pregnancy-related leave law that provides up to 4 months of leave?
- FMLA
- CFRA
- PDL (Correct answer)
- PFL
Correct answer: PDL
California's Pregnancy Disability Leave (PDL) law applies to employers with 5 or more employees and provides up to 4 months of leave for pregnancy-related disability.
Question 5: What is the primary purpose of California's Private Attorneys General Act (PAGA)?
- To allow employees to sue for class action wage discrimination
- To deputize employees to sue on behalf of the state for Labor Code violations (Correct answer)
- To create a private right of action for FEHA violations
- To authorize private lawsuits against Cal/OSHA violations
Correct answer: To deputize employees to sue on behalf of the state for Labor Code violations
PAGA allows aggrieved employees to act as private attorneys general and bring civil actions for California Labor Code violations on behalf of themselves and other current or former employees.
Question 6: California's Equal Pay Act requires equal pay for employees performing 'substantially similar work.' Which factors define this standard?
- Same job title, same department, same supervisor
- Skill, effort, and responsibility under similar working conditions (Correct answer)
- Same hourly rate, same shift, same location
- Education level, seniority, and performance ratings
Correct answer: Skill, effort, and responsibility under similar working conditions
California's Equal Pay Act defines substantially similar work based on skill, effort, and responsibility performed under similar working conditions.
Question 7: Under California law, which of the following is a valid defense for paying employees of different genders different wage rates?
- One employee has more education
- A seniority system applied in good faith (Correct answer)
- The employee with higher pay negotiated better
- Different job titles for the same work
Correct answer: A seniority system applied in good faith
California's Equal Pay Act permits wage differences based on seniority systems, merit systems, production-based earnings, or a bona fide factor other than sex.
PHRca General Practice 3
An employer in California fails to provide a required rest break to an employee.
What is the penalty owed to the employee?