PHRca Trivia 4 — Questions and Answers
Question 1: Which California law mandates anti-harassment training for supervisors in organizations with 5 or more employees?
- AB 1825
- SB 1343 (Correct answer)
- AB 2053
- SB 396
Correct answer: SB 1343
SB 1343 (2018) expanded mandatory sexual harassment prevention training to include all employers with 5 or more employees, covering both supervisors and non-supervisors.
Question 2: Under California's Private Attorneys General Act (PAGA), what percentage of civil penalties collected goes to the Labor and Workforce Development Agency (LWDA)?
- 25%
- 50%
- 75% (Correct answer)
- 90%
Correct answer: 75%
Under PAGA, 75% of civil penalties are paid to the LWDA, with the remaining 25% distributed to aggrieved employees.
Question 3: What California law specifically protects employees who use cannabis off-duty from adverse employment actions?
- Proposition 64
- AB 2188 (Correct answer)
- SB 700
- Proposition 215
Correct answer: AB 2188
AB 2188 (effective January 2024) prohibits employers from discriminating against employees based on off-duty cannabis use, though testing for psychoactive THC compounds is still allowed.
Question 4: Under California's Pregnancy Disability Leave (PDL) law, how long may an eligible employee take leave for pregnancy-related conditions?
- 6 weeks
- 8 weeks
- Up to 4 months (Correct answer)
- Up to 6 months
Correct answer: Up to 4 months
PDL provides up to four months (17.3 weeks) of protected leave for pregnancy, childbirth, or related medical conditions.
Question 5: Which California provision requires employers to reimburse employees for all necessary business expenses, including personal cell phone use for work?
- Labor Code Section 201
- Labor Code Section 2802 (Correct answer)
- Labor Code Section 226
- Labor Code Section 510
Correct answer: Labor Code Section 2802
California Labor Code Section 2802 requires employers to indemnify employees for all necessary expenditures incurred in the direct consequence of their job duties.
Question 6: What is the 'ABC test' used for in California (as established by Dynamex)?
- Determining if a background check was conducted properly
- Determining if a worker is an independent contractor or employee (Correct answer)
- Testing whether a workplace accommodation is reasonable
- Assessing whether a non-compete agreement is enforceable
Correct answer: Determining if a worker is an independent contractor or employee
The ABC test from Dynamex Operations West v. Superior Court establishes three conditions that must all be met for a worker to be classified as an independent contractor.
Question 7: Under the California Equal Pay Act, which standard must employers meet to justify paying employees of different sexes differently for substantially similar work?
- A legitimate business reason
- A bona fide occupational qualification
- A seniority, merit, or production-based system or a bona fide factor other than sex (Correct answer)
- Employer discretion based on market rates
Correct answer: A seniority, merit, or production-based system or a bona fide factor other than sex
California's Equal Pay Act requires that pay differences for substantially similar work be based on a seniority system, merit system, production-based system, or a bona fide factor other than sex.
PHRca Trivia 4
Which California law mandates anti-harassment training for supervisors in organizations with 5 or more employees?