PHRca - Professional in Human Resources - California (PHRca) Compliance and Risk Management 1 — Questions and Answers
Question 1: Under California's Fair Employment and Housing Act (FEHA), how many employees must an employer have to be covered by the law's prohibition on harassment in the workplace?
- 5 or more employees
- 15 or more employees
- 1 or more employees (Correct answer)
- 50 or more employees
Correct answer: 1 or more employees
FEHA's harassment provisions apply to all employers regardless of size — even a single employee triggers coverage for harassment claims. This is broader than FEHA's discrimination provisions, which require 5 or more employees.
Question 2: A California employer fails to pay an employee's final wages on the employee's last day of involuntary termination. Under Labor Code Section 203, what is the maximum waiting time penalty the employer may owe?
- Up to 15 days of the employee's daily wages
- Up to 30 days of the employee's daily wages (Correct answer)
- Up to 60 days of the employee's daily wages
- A flat penalty of $1,000 per violation
Correct answer: Up to 30 days of the employee's daily wages
Labor Code Section 203 imposes a waiting time penalty equal to the employee's daily wages for each day the final paycheck is delayed, up to a maximum of 30 calendar days.
Question 3: Which of the following best describes California's 'Ban the Box' law (AB 1008) as it applies to private employers with 5 or more employees?
- Employers are permanently prohibited from conducting criminal background checks on any applicant.
- Employers may not inquire about criminal history until a conditional offer of employment has been made. (Correct answer)
- Criminal history may be asked about on the initial job application form only.
- Employers must obtain written consent before conducting background checks, but may do so at any stage.
Correct answer: Employers may not inquire about criminal history until a conditional offer of employment has been made.
AB 1008 prohibits covered employers from asking about criminal history — on the application or during initial interviews — until after a conditional offer of employment is extended. The employer must then conduct an individualized assessment before rescinding any offer.
Question 4: Under the California Consumer Privacy Act (CCPA) as amended by CPRA, what right do California employees have regarding personal information their employer collects about them?
- Employees have no rights under CCPA; it applies only to consumers purchasing goods or services.
- Employees may request disclosure, deletion, and correction of personal information collected by their employer. (Correct answer)
- Employees may only request deletion of sensitive personal information, not standard personal data.
- Employee data rights are limited to opting out of the sale of personal information.
Correct answer: Employees may request disclosure, deletion, and correction of personal information collected by their employer.
After the CPRA removed the temporary employee exemption, California employees now have full CCPA rights including the right to know, delete, correct, and limit use of sensitive personal information that employers collect about them.
Question 5: An HR manager at a California company wants to implement a mandatory arbitration agreement for all new hires that waives the employee's right to bring a class action. Which statement most accurately reflects California law on this practice?
- California law fully enforces class action waivers in arbitration agreements as a matter of contract law.
- AB 51 makes it unlawful to require employees to sign arbitration agreements as a condition of employment, and PAGA representative claims cannot be waived in arbitration. (Correct answer)
- California law permits mandatory arbitration but prohibits requiring it as a condition of continued employment.
- Class action waivers are enforceable in California only when the arbitration is administered by a neutral third party.
Correct answer: AB 51 makes it unlawful to require employees to sign arbitration agreements as a condition of employment, and PAGA representative claims cannot be waived in arbitration.
AB 51 prohibits employers from requiring employees to waive the right to a judicial forum as a condition of employment. Additionally, the California Supreme Court has held that PAGA representative action waivers are unenforceable as against public policy, limiting the scope of mandatory arbitration agreements.
Question 6: A California employer with 26 or more employees terminates a worker who recently returned from military leave. Under which law does the employee have the strongest retaliation claim specific to California?
- California Military and Veterans Code Section 394 (Correct answer)
- The Uniformed Services Employment and Reemployment Rights Act (USERRA) only, as it preempts state law
- California Labor Code Section 230
- The California WARN Act
Correct answer: California Military and Veterans Code Section 394
California Military and Veterans Code Section 394 prohibits employers from discriminating or retaliating against employees based on military service or membership. While USERRA provides federal protections, it does not preempt more protective state laws, making Section 394 a strong California-specific basis for the employee's claim.
PHRca - Professional in Human Resources - California (PHRca) Compliance and Risk Management 1
Under California's Fair Employment and Housing Act (FEHA), how many employees must an employer have to be covered by the law's prohibition on harassment in the workplace?