PHRca General Practice 5 — Questions and Answers
Question 1: Under California law, employers must retain personnel records for a minimum of how many years?
- 2 years
- 3 years (Correct answer)
- 4 years
- 7 years
Correct answer: 3 years
California Labor Code Section 1198.5 requires employers to retain personnel records for at least 3 years from the date of the employment action.
Question 2: Which California law requires employers with 100 or more employees to submit pay data reports to the California Civil Rights Department?
- AB 168
- SB 973 (Correct answer)
- AB 1209
- SB 1162
Correct answer: SB 973
SB 973 (2020) requires California private employers with 100 or more employees to submit annual pay data reports to the CRD, broken down by race, ethnicity, sex, and job category.
Question 3: A non-compete agreement signed by a California employee is generally:
- Enforceable if limited to 12 months and reasonable geographic scope
- Void and unenforceable under Business and Professions Code Section 16600 (Correct answer)
- Enforceable only for senior executives and key personnel
- Valid if the employee received additional compensation for signing
Correct answer: Void and unenforceable under Business and Professions Code Section 16600
California Business and Professions Code Section 16600 renders non-compete agreements void and unenforceable in California, with very narrow statutory exceptions.
Question 4: Under California's Fair Chance Act (AB 1008), if an employer decides to rescind a conditional offer after reviewing a criminal record, what must occur before a final decision?
- Immediate written withdrawal with no appeal option
- An individualized assessment and a written preliminary decision notice with a 5-business-day response period (Correct answer)
- Supervisor approval and HR sign-off only
- A 30-day waiting period before revocation
Correct answer: An individualized assessment and a written preliminary decision notice with a 5-business-day response period
AB 1008 requires an individualized assessment and a preliminary decision notice giving the applicant at least 5 business days to respond with evidence before the employer makes a final decision.
Question 5: California's workers' compensation system is administered by which state agency?
- Employment Development Department (EDD)
- Department of Industrial Relations (DIR) / Division of Workers' Compensation (DWC) (Correct answer)
- California Department of Insurance
- Cal/OSHA
Correct answer: Department of Industrial Relations (DIR) / Division of Workers' Compensation (DWC)
The Division of Workers' Compensation (DWC), within the Department of Industrial Relations, administers California's workers' compensation system.
Question 6: What notice must California employers post regarding the availability of Unemployment Insurance, Disability Insurance, and Paid Family Leave benefits?
- Notice only upon employee request
- The EDD's 'For Your Benefit' pamphlet (DE 2320) to all new employees at time of hire (Correct answer)
- Annual bulletin posted in the break room
- A written reminder only when employees file for benefits
Correct answer: The EDD's 'For Your Benefit' pamphlet (DE 2320) to all new employees at time of hire
California employers must provide the EDD 'For Your Benefit' pamphlet (DE 2320) to all new employees at the time of hire and when they take leave.
Question 7: Under California law, what is the maximum duration of Paid Family Leave (PFL) benefits an eligible employee may receive in a 12-month period?
- 4 weeks
- 6 weeks
- 8 weeks (Correct answer)
- 12 weeks
Correct answer: 8 weeks
As of 2020, California's Paid Family Leave program provides up to 8 weeks of wage replacement benefits within any 12-month period for qualifying bonding or caregiving leave.
PHRca General Practice 5
Under California law, employers must retain personnel records for a minimum of how many years?