PHRca General Practice 4 — Questions and Answers
Question 1: Under California's Industrial Welfare Commission (IWC) Wage Orders, which industry classification governs most general office and clerical workers?
- Wage Order 4 — Professional, Technical, Clerical, Mechanical (Correct answer)
- Wage Order 7 — Mercantile Industry
- Wage Order 1 — Manufacturing Industry
- Wage Order 16 — On-Site Occupations
Correct answer: Wage Order 4 — Professional, Technical, Clerical, Mechanical
IWC Wage Order 4 applies to professional, technical, clerical, mechanical, and similar occupations, covering most office and administrative workers in California.
Question 2: California's CFRA was amended effective January 2021 to apply to employers with how many employees?
- 50 or more
- 25 or more
- 10 or more
- 5 or more (Correct answer)
Correct answer: 5 or more
SB 1383 expanded the California Family Rights Act to apply to employers with 5 or more employees, significantly broadening coverage compared to the previous 50-employee threshold.
Question 3: An employee in California is classified as exempt from overtime. Which test must they pass under California law?
- Federal salary basis test only
- Both salary basis AND duties tests under California's stricter standards (Correct answer)
- Duties test only if salary exceeds two times the minimum wage
- The same FLSA duties test with no state modification
Correct answer: Both salary basis AND duties tests under California's stricter standards
California requires exempt employees to pass both a salary basis test (currently two times the state minimum wage) and a duties test, and California's duties tests are generally stricter than federal standards.
Question 4: What does California's 'suitable seating' requirement mandate for retail and service employees?
- Employers must provide chairs only during scheduled breaks
- Employers must provide seats when the nature of the work reasonably permits (Correct answer)
- Employers must install seating in all customer-facing areas
- Seats are only required for employees over age 40
Correct answer: Employers must provide seats when the nature of the work reasonably permits
California Wage Orders require employers to provide suitable seating to employees when the nature of the work reasonably permits the use of seats.
Question 5: California's statewide ban-the-box law (AB 1008) prohibits employers with 5 or more employees from asking about criminal history until what point in the hiring process?
- Before submitting a job application
- Before a conditional offer of employment is made (Correct answer)
- During the first interview
- Before a background check authorization is signed
Correct answer: Before a conditional offer of employment is made
AB 1008 prohibits California employers from inquiring about criminal history until after a conditional offer of employment has been extended.
Question 6: Under California's Kin Care law, employees can use accrued sick leave to care for which family members?
- Spouse and children only
- Any individual whose association is equivalent to a family relationship (Correct answer)
- Immediate family members as defined by the IRS
- Spouse, child, parent, and domestic partner only
Correct answer: Any individual whose association is equivalent to a family relationship
California's Kin Care law allows employees to use up to half of their accrued sick leave to care for a broad range of family members, effectively any person with a family-equivalent relationship.
Question 7: A California employer receives notice that an employee has been served with an earnings withholding order (EWO). What is the maximum that can be withheld from disposable earnings per pay period under California law?
- 25% of disposable earnings or the amount exceeding 40 times the minimum wage, whichever is less (Correct answer)
- 50% of gross earnings regardless of other withholdings
- 10% of net pay after taxes
- 33% of disposable earnings for child support only
Correct answer: 25% of disposable earnings or the amount exceeding 40 times the minimum wage, whichever is less
California follows federal consumer credit protection limits: the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the applicable minimum wage.
PHRca General Practice 4
Under California's Industrial Welfare Commission (IWC) Wage Orders, which industry classification governs most general office and clerical workers?