PHRca Hiring and Onboarding Practices 4 — Questions and Answers
Question 1: California Labor Code Section 970 prohibits employers from making false representations to induce relocation for employment. Which element is NOT required to prove a Section 970 violation?
- A false representation was made
- The representation induced the employee to move
- The employer acted with malicious intent to harm (Correct answer)
- The representation concerned the kind, character, or existence of work
Correct answer: The employer acted with malicious intent to harm
Section 970 does not require proof of malicious intent; liability attaches when false representations about employment induce relocation, regardless of intent.
Question 2: Under California's Healthy Workplaces Healthy Families Act (paid sick leave), when does a new hire first become eligible to USE accrued sick leave?
- On the first day of employment
- After 30 days of employment
- After 90 days of employment (Correct answer)
- After 6 months of employment
Correct answer: After 90 days of employment
Employees begin accruing sick leave immediately but may not use it until the 90th day of employment.
Question 3: A California HR manager is onboarding a new remote employee who works exclusively from Nevada. Which state's wage and hour laws generally govern the employment relationship?
- Federal FLSA only
- California law, because the employer is headquartered there
- Nevada law, because that is where the work is performed (Correct answer)
- Whichever state's law is specified in the employment contract
Correct answer: Nevada law, because that is where the work is performed
Generally, the law of the state where the work is performed governs wage and hour requirements; an employee working entirely in Nevada is subject to Nevada law.
Question 4: When conducting onboarding I-9 verification in California, an employer notices a document that appears altered. What is the correct response?
- Accept the document but flag it in the personnel file
- Reject the document, request an alternative acceptable document, and document the reason (Correct answer)
- Contact ICE directly before completing I-9
- Complete the I-9 and notify the employee's prior employer
Correct answer: Reject the document, request an alternative acceptable document, and document the reason
Employers must not accept documents that appear to be altered or falsified; they should reject the document and request an alternate acceptable document, noting the rejection.
Question 5: California's CFRA (California Family Rights Act) guarantees up to how many weeks of job-protected leave per year for qualifying reasons?
- 6 weeks
- 8 weeks
- 12 weeks (Correct answer)
- 16 weeks
Correct answer: 12 weeks
CFRA provides eligible employees up to 12 weeks of job-protected, unpaid leave per year for qualifying family and medical reasons.
Question 6: An employer's onboarding checklist includes having new hires sign a 'no-moonlighting' agreement prohibiting outside employment. Under California Business and Professions Code Section 16600, this clause is:
- Fully enforceable if limited to direct competitors
- Generally unenforceable as a restraint on trade (Correct answer)
- Enforceable only for employees earning above $100,000
- Valid if the employee receives additional compensation for signing
Correct answer: Generally unenforceable as a restraint on trade
Section 16600 voids agreements that restrain employees from engaging in a lawful profession, trade, or business, making broad no-moonlighting clauses generally unenforceable.
Question 7: Under California law, what is the required notice period an employer must give before conducting a credit check on a job applicant under the Investigative Consumer Reporting Agencies Act (ICRAA)?
- 24 hours
- 3 days
- At least 5 business days before the report is procured (Correct answer)
- No advance notice is required; disclosure at hire is sufficient
Correct answer: At least 5 business days before the report is procured
ICRAA requires employers to provide clear and conspicuous disclosure and obtain consent before procuring an investigative consumer report, with timing requirements aligned to providing the notice at least as early as procurement.
PHRca Hiring and Onboarding Practices 4
California Labor Code Section 970 prohibits employers from making false representations to induce relocation for employment.
Which element is NOT required to prove a Section 970 violation?