PHRca - Professional in Human Resources - California Professional in Human Resources-California Trivia 1 — Questions and Answers
Question 1: Under California's Pregnancy Disability Leave (PDL) law, what is the maximum duration of leave an eligible employee may take for a disability related to pregnancy, childbirth, or related conditions?
- 12 weeks
- 6 months
- 4 months (up to 17⅓ weeks) (Correct answer)
- 26 weeks
Correct answer: 4 months (up to 17⅓ weeks)
California's PDL allows eligible employees to take up to 4 months (approximately 17⅓ weeks) of leave for pregnancy-related disabilities. This is separate from and in addition to CFRA leave, meaning a qualifying employee could take PDL followed by CFRA for a combined total of up to 7 months.
Question 2: Under California Business and Professions Code Section 16600, how are employee non-compete agreements generally treated?
- Enforceable if limited to one year in duration
- Void and unenforceable, with very narrow statutory exceptions (Correct answer)
- Enforceable for senior executives and those with access to trade secrets
- Valid if the employee receives additional compensation in exchange
Correct answer: Void and unenforceable, with very narrow statutory exceptions
California BPC § 16600 broadly voids any contract that restrains a person from engaging in a lawful profession, trade, or business. Unlike most states, California does not apply a 'reasonableness' test; non-competes are generally unenforceable except in very limited statutory contexts such as the sale of a business.
Question 3: California law requires that a non-exempt employee must be provided an off-duty, unpaid 30-minute meal period no later than after how many hours of work?
- 4 hours
- 5 hours (Correct answer)
- 6 hours
- 8 hours
Correct answer: 5 hours
Under California Labor Code § 512, a non-exempt employee must receive a 30-minute unpaid meal period no later than the end of the fifth hour of work. A second meal period is required no later than the end of the tenth hour. Failure to provide a compliant meal period triggers a one-hour premium pay penalty.
Question 4: California's Wage Theft Prevention Act (WTPA) requires employers to provide non-exempt employees with a written notice containing specified wage information at which point in the employment relationship?
- Within 30 days of hire
- At the time of hire and whenever any information in the notice changes (Correct answer)
- Annually during open enrollment
- Only upon employee request
Correct answer: At the time of hire and whenever any information in the notice changes
The WTPA, codified in California Labor Code § 2810.5, requires employers to provide a written notice at the time of hire and within 7 days whenever any information changes (unless reflected on the next wage statement). The notice must include pay rate, basis of pay, DLSE contact information, and employer details.
Question 5: Under California Labor Code § 203, if an employer willfully fails to pay all final wages due to a terminated or resigned employee on time, what is the 'waiting time' penalty?
- A flat statutory penalty of $1,000 per violation
- One additional day of wages for each day payment is delayed, up to a maximum of 30 days (Correct answer)
- Double the amount of unpaid wages owed
- Three times the unpaid wages plus attorney's fees
Correct answer: One additional day of wages for each day payment is delayed, up to a maximum of 30 days
California Labor Code § 203 imposes a waiting time penalty equal to the employee's daily rate of pay for each day the employer willfully withholds final wages, capped at 30 days. This penalty is designed to incentivize prompt payment of all wages upon separation.
Question 6: As amended by SB 616, effective January 1, 2024, California's Healthy Workplaces, Healthy Families Act requires most employers to provide employees with at least how many days (or hours) of paid sick leave per year?
- 3 days (24 hours)
- 5 days (40 hours) (Correct answer)
- 7 days (56 hours)
- 10 days (80 hours)
Correct answer: 5 days (40 hours)
SB 616 increased California's minimum paid sick leave entitlement from 3 days (24 hours) to 5 days (40 hours) per year, effective January 1, 2024. Employers may use an accrual method or front-load the full amount at the start of the year. The law covers most employees who work 30 or more days within a year in California.
PHRca - Professional in Human Resources - California Professional in Human Resources-California Trivia 1
Under California's Pregnancy Disability Leave (PDL) law, what is the maximum duration of leave an eligible employee may take for a disability related to pregnancy, childbirth, or related conditions?