PHRca Hiring and Onboarding Practices 5 — Questions and Answers
Question 1: California's SB 973 (now codified in Government Code 12999) requires private employers with 100 or more employees to submit pay data reports. What demographic information is included?
- Race/ethnicity and sex within job categories and pay bands (Correct answer)
- Race/ethnicity only, sorted by department
- Sex and age within salary ranges only
- National origin and disability status by job title
Correct answer: Race/ethnicity and sex within job categories and pay bands
SB 973 requires employers to report the number of employees by race/ethnicity and sex within 10 EEO-1 job categories and 12 pay bands.
Question 2: A California employer wants to verify a new hire's professional license during onboarding. Under what circumstance may the employer use a third-party background screening company?
- Only if the employee is a government contractor
- Any time, provided FCRA and ICRAA disclosure and authorization requirements are met (Correct answer)
- Only after 6 months of employment
- Only if the position involves handling cash or financial assets
Correct answer: Any time, provided FCRA and ICRAA disclosure and authorization requirements are met
Employers may use consumer reporting agencies for background checks at any point, including during onboarding, as long as FCRA and California's ICRAA disclosure and written authorization requirements are satisfied.
Question 3: Which California statute specifically requires employers to provide domestic violence, sexual assault, and stalking leave during onboarding discussions of leave policies?
- California Family Rights Act (CFRA)
- Labor Code Sections 230 and 230.1 (Correct answer)
- Government Code Section 12945.2
- Health and Safety Code Section 1025
Correct answer: Labor Code Sections 230 and 230.1
Labor Code Sections 230 and 230.1 prohibit employers from discharging or discriminating against employees who are victims of domestic violence, sexual assault, or stalking who take leave for related purposes.
Question 4: A California employer's structured interview uses a panel of three interviewers scoring candidates on standardized criteria. The PRIMARY advantage of this method under FEHA compliance is:
- It eliminates all subjective judgment
- It reduces individual interviewer bias and improves defensibility of hiring decisions (Correct answer)
- It satisfies the WARN Act notice requirement
- It substitutes for mandatory background checks
Correct answer: It reduces individual interviewer bias and improves defensibility of hiring decisions
Structured panel interviews with standardized scoring criteria reduce individual bias and create a documented, defensible record if a hiring decision is challenged under FEHA.
Question 5: Under California Education Code requirements incorporated by some counties, employers in certain industries must verify that minors have a valid work permit before hiring. Work permits for minors in California are issued by:
- The California Labor Commissioner's office
- The minor's school district through the school principal or designee (Correct answer)
- The county health department
- The Employment Development Department (EDD)
Correct answer: The minor's school district through the school principal or designee
Work permits (Permits to Employ and Work) for minors in California are issued by the school district through the school principal or a designated official.
Question 6: A new employee's Form W-4 claims exempt status from federal withholding. Under California law, what withholding form governs state income tax withholding, and what agency oversees it?
- IRS Form W-4, overseen by the Franchise Tax Board
- California DE 4 form, overseen by the Employment Development Department (EDD) (Correct answer)
- California Schedule CA, overseen by the Franchise Tax Board
- Federal W-4 serves dual purpose; overseen by both IRS and EDD
Correct answer: California DE 4 form, overseen by the Employment Development Department (EDD)
California uses its own DE 4 (Employee's Withholding Allowance Certificate) for state income tax withholding, administered by the EDD.
Question 7: During onboarding, which document must California employers provide to new employees related to unemployment insurance and state disability insurance rights?
- IRS Publication 15 (Employer's Tax Guide)
- EDD's 'For Your Benefit: California's Programs for the Unemployed' (DE 2320) pamphlet (Correct answer)
- A copy of the California Labor Code
- The employer's most recent EDD tax return
Correct answer: EDD's 'For Your Benefit: California's Programs for the Unemployed' (DE 2320) pamphlet
California employers are required to provide the DE 2320 pamphlet ('For Your Benefit') to new hires, informing them of unemployment insurance and SDI benefits.
PHRca Hiring and Onboarding Practices 5
California's SB 973 (now codified in Government Code 12999) requires private employers with 100 or more employees to submit pay data reports.
What demographic information is included?