PHRca (Professional in Human Resources - California) Exam — Questions and Answers

Question 1: What are the marketing's four Ps?

Product, price, place, promotion (Correct answer)
Promotion, place, position, (market) penetration
Preview, position, price, persuasion
Product, price, payment, persistence

Correct answer: Product, price, place, promotion

The 'four Ps' are a foundational concept in marketing, representing the key elements of a marketing mix. These are Product (what is being sold), Price (the cost to the customer), Place (where the product is distributed), and Promotion (how the product is communicated to the target market). These elements are strategically managed to satisfy customer needs and achieve marketing objectives.

Question 2: As of July 1, 2024, California employers are required to implement a Workplace Violence Prevention Plan (WVPP) under SB 553. Which of the following is a mandatory component of this plan?

Providing active shooter response training conducted by local law enforcement.
Conducting background checks on all new hires.
Installing metal detectors at all public entrances.
Maintaining a violent incident log for every workplace violence incident. (Correct answer)

Correct answer: Maintaining a violent incident log for every workplace violence incident.

California Labor Code section 6401.9, established by SB 553, explicitly requires employers to record information for every workplace violence incident in a violent incident log. While other measures might be part of a comprehensive safety program, the violent incident log is a specific, mandated requirement of the WVPP.

Question 3: California's Paid Family Leave (PFL) program provides wage replacement benefits for certain qualifying reasons. Which of the following is NOT a primary qualifying reason to receive PFL benefits?

To care for a seriously ill grandparent.
To take time off for the employee's own serious health condition. (Correct answer)
To bond with a new child within one year of birth, adoption, or foster care placement.
To support a family member's military deployment to a foreign country.

Correct answer: To take time off for the employee's own serious health condition.

California's Paid Family Leave (PFL) provides partial wage replacement to employees who take time off work to care for a seriously ill family member (including grandparents), bond with a new child, or for a qualifying exigency related to a family member's military deployment. An employee's own serious health condition is covered by State Disability Insurance (SDI), not PFL.

Question 4: Under California's Healthy Workplaces Healthy Families Act, how much paid sick leave must employers provide to employees?

3 days or 24 hours per year
7 days or 56 hours per year
2 days or 16 hours per year
5 days or 40 hours per year (Correct answer)

Correct answer: 5 days or 40 hours per year

As of 2024, California's Healthy Workplaces Healthy Families Act requires employers to provide at least 5 days or 40 hours of paid sick leave per year.

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?

One additional day of wages for each day payment is delayed, up to a maximum of 30 days (Correct answer)
Three times the unpaid wages plus attorney's fees
A flat statutory penalty of $1,000 per violation
Double the amount of unpaid wages owed

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: Under California law, within how many days must an employer report a serious injury, illness, or death to Cal/OSHA?

Immediately (within 8 hours for death/serious) (Correct answer)
Within 3 business days
Within 5 business days
Within 24 hours

Correct answer: Immediately (within 8 hours for death/serious)

California employers must report a work-related death or serious injury/illness to Cal/OSHA immediately — within 8 hours for fatalities and within 24 hours for serious injuries.

Question 7: Which of the following scenarios would most likely constitute a constructive discharge claim under California law?

An employee resigns after being denied a promotion
An employer deliberately creates intolerable working conditions that force the employee to resign (Correct answer)
An employee leaves for a higher-paying position at a competitor
An employee quits because they received a negative performance review

Correct answer: An employer deliberately creates intolerable working conditions that force the employee to resign

Constructive discharge occurs when an employer intentionally creates or knowingly permits working conditions so intolerable that a reasonable person would feel compelled to resign.

Question 8: Which California legislation, known as the Fair Pay Act, removed the 'same establishment' requirement and required equal pay for 'substantially similar work'?

AB 2282
SB 1300
SB 358 (Correct answer)
AB 1676

Correct answer: SB 358

SB 358, the California Fair Pay Act (effective 2016), strengthened equal pay protections by requiring equal pay for substantially similar work regardless of whether employees work at the same location.

Question 9: Which one of the following sets standards for occupational health and safety that businesses must adhere to?

The state's attorney general office
The company's board of directors
The Occupational Safety and Health Administration (Correct answer)
The union that represents company workers

Correct answer: The Occupational Safety and Health Administration

The Occupational Safety and Health Administration (OSHA) is a federal agency responsible for setting and enforcing standards for occupational health and safety. Its mission is to ensure safe and healthful working conditions for employees across the United States. Businesses are legally required to comply with OSHA's regulations to protect their workforce from hazards.

Question 10: Under California Labor Code Section 2810.3 (AB 1897), a client employer that obtains workers from a labor contractor becomes jointly and severally liable with the contractor for which obligations?

The cost of pre-employment background screening and drug testing (Correct answer)
The labor contractor's state registration fees and bonding requirements
Unpaid wages owed to the workers and failure to secure workers' compensation coverage
OSHA penalty assessments issued to the labor contractor at the worksite

Correct answer: The cost of pre-employment background screening and drug testing

AB 1897 (Labor Code §2810.3) imposes joint and several liability on client employers for a labor contractor's failure to pay wages and failure to provide workers' compensation insurance. This ensures workers have a financially viable party to pursue when a staffing agency fails to meet basic wage and insurance obligations.

Question 11: In California, which document must an employer provide to an employee at the time of separation from employment?

A Notice to Employee as to Change in Relationship (EDD form) (Correct answer)
A non-compete acknowledgment
A severance agreement
A letter of recommendation

Correct answer: A Notice to Employee as to Change in Relationship (EDD form)

California requires employers to provide the Notice to Employee as to Change in Relationship form immediately upon termination, layoff, or leave of absence to inform the employee of the change in employment status.

Question 12: In California, what is the overtime rate for hours worked beyond 12 in a single workday?

One and one-half times the regular rate
Double the regular rate (Correct answer)
Triple the regular rate
Regular rate of pay

Correct answer: Double the regular rate

California Labor Code Section 510 requires employers to pay double the regular rate for all hours worked in excess of 12 hours in any workday.

Question 13: Under California's Healthy Workplaces, Healthy Families Act, how do paid sick leave accrual requirements apply?

Employees accrue at least 1 hour of sick leave for every 40 hours worked
Only full-time employees are eligible for paid sick leave
Sick leave accrual begins after 90 days of employment
Employees accrue at least 1 hour of sick leave for every 30 hours worked (Correct answer)

Correct answer: Employees accrue at least 1 hour of sick leave for every 30 hours worked

California law mandates that employees accrue at least 1 hour of paid sick leave for every 30 hours worked, and this applies to virtually all employees including part-time and temporary workers.

Question 14: When conducting a background check on a job applicant in California, at what point can an employer first inquire about criminal history under the Fair Chance Act?

During the first phone screening
After a conditional offer of employment has been made (Correct answer)
On the initial job application
Only after the employee has started working

Correct answer: After a conditional offer of employment has been made

California's Fair Chance Act (AB 1008) prohibits employers with five or more employees from inquiring about criminal history until after a conditional offer of employment has been extended.

Question 15: A former employee of a company in California submits a written request to inspect their personnel file. According to California Labor Code section 1198.5, what is the maximum amount of time the employer has to make the file available for inspection?

21 calendar days
45 business days
15 business days
30 calendar days (Correct answer)

Correct answer: 30 calendar days

California Labor Code section 1198.5 specifies that an employer must make personnel files available for inspection within 30 calendar days from the date a written request is received. [15, 28, 33] This deadline can be extended to 35 days only if there is a mutual written agreement between the employer and the requester. [28]

Question 16: What is the primary purpose of conducting a training needs assessment?

To assess the cost of training vendors
To review legal compliance requirements exclusively
To determine whether training is needed and what type will close a performance gap (Correct answer)
To evaluate trainer certifications and credentials

Correct answer: To determine whether training is needed and what type will close a performance gap

A training needs assessment identifies whether a performance gap exists, its root cause, and whether training is the appropriate intervention to address it.

Question 17: To qualify for the administrative exemption in California, an employee must meet the salary basis test, the duties test, and what other critical requirement?

Customarily and regularly exercise discretion and independent judgment. (Correct answer)
Supervise at least two full-time employees.
Possess an advanced degree in a relevant field.
Hold a specific job title, such as 'Administrator' or 'Manager'.

Correct answer: Customarily and regularly exercise discretion and independent judgment.

In addition to meeting the salary and duties tests, a key requirement for the administrative exemption is that the employee must customarily and regularly exercise discretion and independent judgment with respect to matters of significance. Job titles alone do not determine exempt status.

Question 18: A California employer requires all new hires to sign arbitration agreements as a condition of employment. Under AB 51, which went into effect January 1, 2020, what is the status of this practice?

It is fully enforceable without restriction
It is permitted if the employee is given a 72-hour cooling-off period
It is prohibited to require arbitration as a condition of employment for FEHA and Labor Code claims (Correct answer)
It applies only to employees earning below minimum wage

Correct answer: It is prohibited to require arbitration as a condition of employment for FEHA and Labor Code claims

AB 51 (Labor Code Section 432.6) prohibits employers from requiring applicants or employees to waive rights under FEHA or the Labor Code as a condition of employment, though federal preemption issues remain in litigation.

Question 19: A California employer wants to conduct a background check on a job applicant. Under the ICRAA, what must the employer do before obtaining the report?

Provide notice only if the report reveals adverse information
Submit a request through the state labor department
Provide written notice and obtain written authorization from the applicant (Correct answer)
Simply notify the applicant verbally before the check is run

Correct answer: Provide written notice and obtain written authorization from the applicant

California's Investigative Consumer Reporting Agencies Act (ICRAA) requires employers to provide written disclosure and obtain written authorization before requesting a background check.

Question 20: What is the statute of limitations for filing a wage claim with the California Labor Commissioner for unpaid overtime?

2 years
3 years (Correct answer)
4 years
1 year

Correct answer: 3 years

Employees have 3 years to file a wage claim for unpaid overtime under California's statute of limitations.

Question 21: Under California's WARN Act, how many days of advance written notice must employers provide before a qualifying mass layoff of 50 or more employees?

60 days (Correct answer)
90 days
30 days
45 days

Correct answer: 60 days

California's WARN Act requires a minimum of 60 days advance written notice before mass layoffs, plant closings, or relocations affecting 50 or more employees.

Question 22: What is the maximum duration of Pregnancy Disability Leave (PDL) available to eligible California employees?

16 weeks
24 weeks
17.3 weeks (4 months) (Correct answer)
12 weeks

Correct answer: 17.3 weeks (4 months)

California PDL provides up to four months (17.3 weeks) of leave for employees disabled by pregnancy, childbirth, or related medical conditions.

Question 23: What is the reporting time pay requirement in California when an employee reports for a scheduled shift but is sent home early?

The employer must pay for a minimum of 1 hour only
No pay is required if the employee works less than 1 hour
The employee must be paid for at least half the scheduled shift, with a minimum of 2 hours and maximum of 4 hours (Correct answer)
The employee is entitled to pay for the full scheduled shift

Correct answer: The employee must be paid for at least half the scheduled shift, with a minimum of 2 hours and maximum of 4 hours

California's reporting time pay rule requires that an employee who reports for work but is furnished less than half the usual day's work must be paid for at least half the scheduled shift, with a minimum of 2 hours and a maximum of 4 hours at the regular rate.

Question 24: Which of the following is TRUE about California's rules on itemized wage statements?

Statements must include the employer's address and the employee's Social Security number
Statements are only required for hourly employees, not salaried workers
Employers must only provide them upon employee request
Statements must include gross and net wages, total hours worked, and all deductions (Correct answer)

Correct answer: Statements must include gross and net wages, total hours worked, and all deductions

Under Labor Code Section 226, employers must provide itemized wage statements showing gross wages, net wages, total hours worked, all deductions, and other specified information.

Question 25: An employee requests time off under CFRA to care for a registered domestic partner with a serious health condition. What is the employer's obligation?

Deny the request because domestic partners are not covered under CFRA
Grant the request since CFRA covers care for registered domestic partners (Correct answer)
Require the employee to use PFL instead of CFRA
Grant the request only if the company has 100 or more employees

Correct answer: Grant the request since CFRA covers care for registered domestic partners

CFRA specifically covers leave to care for a registered domestic partner with a serious health condition, which is broader than federal FMLA coverage.

Question 26: Which California law generally requires employers to provide non-exempt employees with a paid 10-minute rest period for every how many hours worked?

Every 5 hours
Every 2 hours
Every 3 hours or major fraction thereof
Every 4 hours or major fraction thereof (Correct answer)

Correct answer: Every 4 hours or major fraction thereof

California Industrial Welfare Commission (IWC) Wage Orders require employers to authorize and permit a paid 10-minute rest period for every 4 hours worked, or major fraction thereof. Failure to provide this rest period triggers a one-hour premium pay penalty.

Question 27: Which California statute specifically prohibits retaliation against employees who disclose their wages to coworkers?

Labor Code §232 (Correct answer)
California WARN Act
FEHA Section 12945
California Equal Pay Act

Correct answer: Labor Code §232

Labor Code §232 prohibits employers from retaliating against employees who disclose their own wages or discuss the wages of others.

Question 28: What is the employer threshold for compliance with California's CFRA as amended by SB 1383?

5 or more employees (Correct answer)
25 or more employees
50 or more employees
15 or more employees

Correct answer: 5 or more employees

SB 1383 expanded CFRA coverage to employers with 5 or more employees, significantly lowering the previous threshold of 50 employees.

Question 29: A California employer discovers that an employee's workplace injury was caused by the employee's own serious and willful misconduct. What is the likely impact on workers' comp benefits?

The employee must repay past benefits
Benefits may be reduced by 50% (Correct answer)
All benefits are forfeited
Benefits are unaffected

Correct answer: Benefits may be reduced by 50%

Under California Labor Code Section 4551, an employee's benefits may be reduced by one-half if the injury resulted from the employee's own serious and willful misconduct.

Question 30: Under California Labor Code, if an employer terminates an employee without prior notice, when must the final paycheck (including all accrued vacation) be provided?

Within 72 hours of termination
Immediately at the time of termination (Correct answer)
On the next regular payday
Within 30 days of termination

Correct answer: Immediately at the time of termination

California Labor Code Section 201 requires employers to pay all wages, including accrued vacation, immediately at the time of an involuntary termination. Failure to do so exposes the employer to waiting-time penalties of up to 30 days of the employee's daily wages.

Question 31: An employee in California files a complaint with the DFEH alleging discrimination. The employer subsequently demotes the employee. This action could be considered which of the following?

Appropriate performance management
Unlawful retaliation under FEHA (Correct answer)
Lawful business restructuring
An at-will employment decision with no legal consequence

Correct answer: Unlawful retaliation under FEHA

Under FEHA, adverse employment actions taken against an employee for filing a discrimination complaint constitute unlawful retaliation, regardless of the employer's at-will status.

Question 32: An agricultural employer in Fresno, CA is implementing their outdoor heat illness prevention plan. According to the Cal/OSHA standard, at what temperature threshold must the employer make shade available to employees?

80°F (Correct answer)
90°F
75°F
95°F

Correct answer: 80°F

California Code of Regulations, Title 8, Section 3395 requires employers with outdoor places of employment to provide access to shade when the temperature exceeds 80 degrees Fahrenheit. The shade must be sufficient to accommodate all employees on their rest or recovery periods.

Question 33: Under California law, how long must employers retain personnel records after an employee's termination?

1 year
4 years
3 years (Correct answer)
2 years

Correct answer: 3 years

California Labor Code requires employers to maintain personnel records for at least 3 years after an employee's termination date.

Question 34: Under California's Industrial Welfare Commission (IWC) Wage Orders, which industry classification governs most general office and clerical workers?

Wage Order 1 — Manufacturing Industry
Wage Order 4 — Professional, Technical, Clerical, Mechanical (Correct answer)
Wage Order 16 — On-Site Occupations
Wage Order 7 — Mercantile Industry

Correct answer: Wage Order 4 — Professional, Technical, Clerical, Mechanical

IWC Wage Order 4 applies to professional, technical, clerical, mechanical, and similar occupations, covering most office and administrative workers in California.

Question 35: Every two years, all companies in California with ____ or more workers are required by California Code 12950 to provide managers with a minimum of two hours of training on sexual harassment and abusive conduct prevention.

25
5 (Correct answer)
10
75

Correct answer: 5

California Code 12950 mandates that all employers in California with five or more employees must provide sexual harassment and abusive conduct prevention training. Supervisory employees are required to receive a minimum of two hours of training, and non-supervisory employees must receive one hour, every two years, to foster a respectful and compliant workplace environment.

Question 36: Under California's split-shift premium rule, what additional compensation is owed to employees working a split shift?

Two additional hours at regular pay
Time and a half for all split-shift hours
One additional hour at the state minimum wage (Correct answer)
No additional pay if total exceeds 8 hours

Correct answer: One additional hour at the state minimum wage

California requires one additional hour of pay at the state minimum wage for employees who work a split shift.

Question 37: During the onboarding process in California, which of the following pamphlets is an employer NOT required to provide to new hires?

Paid Family Leave brochure (DE 2511)
State disability insurance voluntary plan comparison (Correct answer)
Sexual Harassment prevention pamphlet (DFEH-185)
Workers' Compensation rights guide

Correct answer: State disability insurance voluntary plan comparison

While employers must provide pamphlets on sexual harassment, workers' compensation rights, and paid family leave, a voluntary plan comparison for state disability insurance is not a mandatory new hire document.

Question 38: Which California law requires employers with 5 or more employees to provide sexual harassment prevention training to supervisors every two years?

AB 2053
SB 400
AB 1825 (Correct answer)
SB 1343

Correct answer: AB 1825

AB 1825 mandates that California employers with 50+ employees provide two-hour sexual harassment training to supervisors every two years.

Question 39: California's Repetitive Motion Injuries (RMI) standard (Title 8, CCR § 5110) requires an employer to establish an ergonomics program when injury has occurred under what specific conditions?

One RMI requiring medical treatment beyond first aid occurs in any 12-month period
A single RMI results in lost workdays exceeding five days
Three or more RMI workers' comp claims are filed in any calendar year
Two or more employees performing the same or similar tasks develop RMIs requiring medical treatment within a 12-month period (Correct answer)

Correct answer: Two or more employees performing the same or similar tasks develop RMIs requiring medical treatment within a 12-month period

The Cal/OSHA RMI standard is triggered when two or more employees who perform the same or similar tasks have been diagnosed with, or reported symptoms of, RMIs requiring medical treatment beyond first aid within a 12-month period, indicating a work-related pattern.

Question 40: What is 'interest arbitration' in California labor relations?

A process where an arbitrator resolves employee grievances over violations of an existing contract
A procedure where a neutral third party imposes terms to resolve a bargaining impasse over what a new contract should contain (Correct answer)
A hearing where PERB adjudicates unfair labor practice charges
An arbitration method used exclusively for individual employee discrimination claims

Correct answer: A procedure where a neutral third party imposes terms to resolve a bargaining impasse over what a new contract should contain

Interest arbitration involves a neutral arbitrator settling disputes over what terms should be included in a new collective bargaining agreement, typically triggered when parties reach impasse.

Question 41: What does California's Heat Illness Prevention Standard require employers to provide to outdoor workers?

Personal cooling vests
Water, shade, and rest breaks (Correct answer)
Mandatory indoor rotation every hour
Air conditioning units

Correct answer: Water, shade, and rest breaks

California's Heat Illness Prevention Standard mandates that employers provide fresh water, access to shade, and rest breaks to outdoor workers exposed to heat.

Question 42: California Labor Code Section 1019.1 restricts employer use of the federal E-Verify system. Which of the following best describes the conduct it prohibits?

Using E-Verify to verify the work authorization of any new hire, regardless of the employer's federal contract status
Requiring applicants to complete E-Verify screening before a conditional offer of employment is made
Re-verifying the employment authorization of existing employees through E-Verify unless required by federal law or a federal contract (Correct answer)
Using E-Verify for seasonal or temporary workers hired through a staffing agency

Correct answer: Re-verifying the employment authorization of existing employees through E-Verify unless required by federal law or a federal contract

Labor Code §1019.1 prohibits employers from voluntarily using E-Verify to re-check the work authorization of current employees except when mandated by federal law or required as a condition of a federal contract, protecting workers from discriminatory over-verification that can disproportionately affect immigrant employees.

Question 43: Which board has exclusive jurisdiction over labor relations matters involving agricultural employees in California?

National Labor Relations Board (NLRB)
Agricultural Labor Relations Board (ALRB) (Correct answer)
California Labor Commissioner
Public Employment Relations Board (PERB)

Correct answer: Agricultural Labor Relations Board (ALRB)

The Agricultural Labor Relations Board (ALRB) was created by the ALRA to administer farm worker labor relations and has exclusive jurisdiction over California agricultural employees.

Question 44: Which of the following is required under California's Injury and Illness Prevention Program (IIPP)?

Annual OSHA 300 log posting only
Quarterly safety audits by an external firm
A written workplace safety plan with employee training (Correct answer)
Monthly reporting to Cal/OSHA

Correct answer: A written workplace safety plan with employee training

California requires every employer to establish and maintain a written IIPP that includes employee training, hazard identification, and correction procedures.

Question 45: A newly hired employee in California must receive a Wage Theft Prevention Act notice within how many days of hire?

10 days
At time of hire (Correct answer)
60 days
30 days

Correct answer: At time of hire

California Labor Code §2810.5 requires the written notice be provided to non-exempt employees at the time of hire.

Question 46: Which of the following best describes California's requirement for workplace violence prevention plans effective July 1, 2024 (SB 553)?

Only employers with prior violent incidents must create plans
Plans are voluntary but recommended by Cal/OSHA
Nearly all employers must maintain a written Workplace Violence Prevention Plan (Correct answer)
Only healthcare facilities are required to have such plans

Correct answer: Nearly all employers must maintain a written Workplace Violence Prevention Plan

SB 553 expanded California's workplace violence prevention requirements to nearly all employers, requiring a written plan, training, and a violent incident log.

Question 47: Which California agency administers the Employment Training Panel (ETP), a program that provides employer funding for workforce skills training?

California Workforce Development Board (Correct answer)
California Labor Commissioner's Office
California Department of Industrial Relations
Employment Development Department (EDD)

Correct answer: California Workforce Development Board

The California Workforce Development Board oversees the ETP, which provides funding to employers for job skills training to retain employees and keep businesses competitive.

Question 48: Most employees find it challenging to establish wrongful termination because:

Appropriate, supporting documentation is not readily available
Most staff are at-will employees (Correct answer)
It is difficult to prove that an employer acted illegally or improperly
Employers will not admit to firing employees for particular reasons

Correct answer: Most staff are at-will employees

Most employees find it challenging to establish wrongful termination primarily because the majority are considered 'at-will' employees. Under at-will employment, employers can terminate an employee for any reason, or no reason at all, as long as it's not an illegal reason (e.g., discrimination or retaliation). This makes it difficult for employees to prove that their termination was for an unlawful cause rather than a permissible one.

Question 49: Under California's Fair Employment and Housing Act (FEHA), what is the minimum number of employees that triggers the requirement for an employer to provide reasonable accommodation for disabilities?

15 employees
5 employees (Correct answer)
1 employee
50 employees

Correct answer: 5 employees

FEHA applies to employers with five or more employees, requiring them to provide reasonable accommodations for qualified individuals with disabilities.

Question 50: A California employer receives notice that an employee has been served with an earnings withholding order (EWO). What is the maximum that can be withheld from disposable earnings per pay period under California law?

50% of gross earnings regardless of other withholdings
10% of net pay after taxes
25% of disposable earnings or the amount exceeding 40 times the minimum wage, whichever is less (Correct answer)
33% of disposable earnings for child support only

Correct answer: 25% of disposable earnings or the amount exceeding 40 times the minimum wage, whichever is less

California follows federal consumer credit protection limits: the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the applicable minimum wage.

Question 51: California's CFRA was amended effective January 2021 to apply to employers with how many employees?

5 or more (Correct answer)
10 or more
50 or more
25 or more

Correct answer: 5 or more

SB 1383 expanded the California Family Rights Act to apply to employers with 5 or more employees, significantly broadening coverage compared to the previous 50-employee threshold.

Question 52: The Ralph C. Dills Act governs collective bargaining for which group of California workers?

California state civil service employees (Correct answer)
City and county government employees
California State University employees
University of California employees

Correct answer: California state civil service employees

The Ralph C. Dills Act covers California state civil service employees and establishes their right to collective bargaining with the state.

Question 53: An HR manager receives a complaint from an employee alleging harassment by a supervisor. To ensure a legally defensible investigation that complies with California's FEHA requirements, what is one of the most critical initial steps?

Immediately terminate the supervisor to show a zero-tolerance policy.
Assign a trained, neutral investigator and take prompt action to begin the investigation. (Correct answer)
Wait to see if more complaints are filed to establish a pattern of behavior.
Require the complainant to provide a sworn affidavit before proceeding.

Correct answer: Assign a trained, neutral investigator and take prompt action to begin the investigation.

California law (FEHA) and court decisions require employers to conduct a prompt, thorough, and impartial investigation into harassment complaints. A critical first step is to assign a qualified, unbiased investigator and begin the process without delay. Waiting for more complaints or terminating the accused without an investigation would violate due process and legal requirements for a fair investigation.

Question 54: In California, what is the penalty for an employer who knowingly fails to secure workers' compensation insurance?

Mandatory OSHA audit only
Loss of business license for 30 days
A written warning from the DIR
A misdemeanor criminal offense and financial penalties (Correct answer)

Correct answer: A misdemeanor criminal offense and financial penalties

Failing to carry required workers' compensation insurance is a criminal misdemeanor in California, punishable by fines and potential imprisonment.

Question 55: What is the purpose of California's Serious and Willful Misconduct provision in workers' compensation?

To increase benefits when employer misconduct caused the injury (Correct answer)
To reduce benefits for employee negligence
To transfer claims to federal jurisdiction
To eliminate employer liability entirely

Correct answer: To increase benefits when employer misconduct caused the injury

The Serious and Willful Misconduct provision allows injured workers to receive increased compensation when the employer's deliberate misconduct contributed to the injury.

Question 56: An employer in California discovers an employee has been stealing company property. Which best practice should the employer follow before terminating the employee?

Conduct a thorough investigation and document findings before taking action (Correct answer)
Immediately terminate the employee without any documentation
Wait 90 days to observe whether the behavior continues
Conduct a Skelly hearing before termination

Correct answer: Conduct a thorough investigation and document findings before taking action

Employers should conduct a fair and thorough investigation, document all findings, and ensure consistent application of disciplinary policies before terminating for misconduct.

Question 57: An employer in California discovers an employee has been secretly recording workplace conversations. Under California Penal Code §632, what is true?

Recording is permitted if it captures evidence of illegal activity
All parties to a conversation must consent to recording (Correct answer)
Recording is permitted in open-plan offices without consent
Only one party needs to consent to recording

Correct answer: All parties to a conversation must consent to recording

California is an all-party consent state under Penal Code §632, requiring all parties to a confidential communication to consent before recording.

Question 58: California's Fair Employment and Housing Act (FEHA) requires employers with how many or more employees to provide sexual harassment prevention training to non-supervisory employees?

5 employees (Correct answer)
15 employees
50 employees
25 employees

Correct answer: 5 employees

Under SB 1343, California requires employers with 5 or more employees to provide at least 1 hour of sexual harassment and abusive conduct prevention training to non-supervisory employees every two years, and 2 hours to supervisors.

Question 59: Which California agency enforces workplace health and safety standards under the Cal/OSHA program?

Department of Fair Employment and Housing (DFEH)
Department of Industrial Relations (DIR) (Correct answer)
Division of Labor Standards Enforcement (DLSE)
Employment Development Department (EDD)

Correct answer: Department of Industrial Relations (DIR)

Cal/OSHA operates under the Division of Occupational Safety and Health within the California Department of Industrial Relations.

Question 60: When conducting a risk assessment for potential wage and hour violations in California, which practice creates the HIGHEST compliance exposure?

Providing 30-minute meal periods
Maintaining daily time records
Paying overtime after 8 hours in a workday
Classifying workers as independent contractors without applying the ABC test (Correct answer)

Correct answer: Classifying workers as independent contractors without applying the ABC test

Misclassifying workers as independent contractors without applying California's ABC test (from Dynamex/AB 5) creates significant legal exposure including back wages, penalties, and tax liability.

Question 61: Which of the following documents must a California employer provide to all new hires at the time of hiring to comply with state-specific onboarding requirements?

The Disability Insurance Provisions pamphlet (DE 2515). (Correct answer)
The company's annual financial report.
A list of all current employees and their job titles.
A copy of the employee's most recent performance review from their previous employer.

Correct answer: The Disability Insurance Provisions pamphlet (DE 2515).

California's Employment Development Department (EDD) requires employers to provide all new employees with the Disability Insurance Provisions pamphlet (DE 2515). This pamphlet provides information on the state's Disability Insurance (DI) program. Other required documents include the Paid Family Leave pamphlet (DE 2511) and the Workers' Compensation 'Time of Hire' pamphlet. Requesting a prior performance review, providing a full employee list, or sharing financial reports are not legally mandated onboarding requirements.

Question 62: What is the maximum civil penalty per violation for an employer who willfully fails to provide a final paycheck on time in California?

$100 (Correct answer)
$500
$1,000
$250

Correct answer: $100

The civil penalty for a first willful violation of California's final pay requirements is $100 per employee per violation.

Question 63: Which California agency is primarily responsible for enforcing workplace safety and health regulations?

Department of Industrial Relations
Cal/OSHA (Correct answer)
Employment Development Department
Department of Fair Employment and Housing

Correct answer: Cal/OSHA

Cal/OSHA (the Division of Occupational Safety and Health) is the primary agency responsible for enforcing workplace safety and health standards in California.

Question 64: California's statewide ban-the-box law (AB 1008) prohibits employers with 5 or more employees from asking about criminal history until what point in the hiring process?

During the first interview
Before a conditional offer of employment is made (Correct answer)
Before submitting a job application
Before a background check authorization is signed

Correct answer: Before a conditional offer of employment is made

AB 1008 prohibits California employers from inquiring about criminal history until after a conditional offer of employment has been extended.

Question 65: An employer terminates an employee who recently took leave under the California Family Rights Act (CFRA). What is the employer's strongest defense against a retaliation claim?

The employee was at-will and no reason is needed
The CFRA does not include anti-retaliation provisions
The employer can show a legitimate, non-retaliatory reason documented before the leave was taken (Correct answer)
The employee did not return to work on the exact scheduled date

Correct answer: The employer can show a legitimate, non-retaliatory reason documented before the leave was taken

The employer's strongest defense is demonstrating a legitimate, well-documented, non-retaliatory reason for termination that existed independently of the employee's CFRA leave.

Question 66: California's Agricultural Labor Relations Act (ALRA) was signed into law in which year, making California the first state to grant farm workers collective bargaining rights?

1980
1970
1965
1975 (Correct answer)

Correct answer: 1975

The ALRA was signed into law in 1975, representing a landmark victory for César Chávez and the United Farm Workers movement.

Question 67: A California employer receives a Notice of Inspection from a federal immigration agency to review the company's Forms I-9. Under state law, what is the employer's primary obligation regarding its current employees?

The employer must provide a written notice of the inspection to all current affected employees within 72 hours. (Correct answer)
The employer must immediately terminate any employee whose documentation appears questionable.
The employer must give all employees 30 days to provide updated work authorization documents.
The employer is only required to cooperate with the federal agency and has no obligation to employees.

Correct answer: The employer must provide a written notice of the inspection to all current affected employees within 72 hours.

California law (Labor Code sections 90.2 and 1019.2) requires employers to notify affected employees within 72 hours of receiving a notice of a federal agency's inspection of Forms I-9 or other employment records. The notice must be in writing and also provided to the employee's collective bargaining representative, if any. This state requirement is in addition to the employer's obligation to cooperate with the federal agency.

Question 68: Which of the following is TRUE about California's policy on non-compete agreements for employees?

They are enforceable if the employee receives additional compensation
They are enforceable only for executives
They are enforceable if limited to 1 year
They are generally void and unenforceable (Correct answer)

Correct answer: They are generally void and unenforceable

California Business and Professions Code Section 16600 makes non-compete agreements generally void and unenforceable, with very limited exceptions such as the sale of a business.

Question 69: What is the California WARN Act's minimum notice requirement for qualifying mass layoffs?

60 days (Correct answer)
90 days
45 days
30 days

Correct answer: 60 days

The California WARN Act requires 60 days advance written notice before conducting a mass layoff, plant closure, or relocation.

Question 70: A California employer with 25 employees must provide harassment prevention training. What are the minimum required training durations for non-supervisory and supervisory employees, respectively?

2 hours for non-supervisory, 2 hours for supervisory.
1 hour for non-supervisory, 2 hours for supervisory. (Correct answer)
1 hour for non-supervisory, 1 hour for supervisory.
30 minutes for non-supervisory, 1 hour for supervisory.

Correct answer: 1 hour for non-supervisory, 2 hours for supervisory.

Under California law (SB 1343), employers with five or more employees must provide harassment prevention training every two years. The requirement is at least one hour of training for all non-supervisory employees and at least two hours for all supervisory employees. [22, 35, 38]

Question 71: Under California's bereavement leave law (AB 1949, effective January 1, 2023), which statement is accurate?

Only employers with 50 or more employees are required to provide bereavement leave
Bereavement leave is required only if the employee has completed 12 months of service
Employers with 5 or more employees must allow up to 5 days of bereavement leave upon the death of a qualifying family member (Correct answer)
All California employers must provide 10 days of paid bereavement leave per year

Correct answer: Employers with 5 or more employees must allow up to 5 days of bereavement leave upon the death of a qualifying family member

AB 1949 requires California employers with 5 or more employees to provide up to 5 days of bereavement leave following the death of a qualifying family member. The leave may be unpaid, though employees may use available accrued leave, and there is no minimum tenure requirement to be eligible.

Question 72: Under the California WARN Act, employers with 75 or more employees must provide how many days' advance notice before a mass layoff?

60 days (Correct answer)
90 days
30 days
45 days

Correct answer: 60 days

The California WARN Act requires covered employers to give 60 days' advance written notice before a plant closure, mass layoff, or relocation.

Question 73: Under California workers' compensation, which physician typically provides initial treatment when an employee is injured on the job and the employer has a Medical Provider Network?

The employee's personal physician only
Any emergency room doctor permanently
A physician within the employer's MPN (Correct answer)
A state-appointed physician

Correct answer: A physician within the employer's MPN

When an employer has a Medical Provider Network (MPN), the injured worker generally receives initial treatment from a physician within that network.

Question 74: Under California Government Code Section 12950.1, how many hours of sexual harassment prevention training are required for supervisory employees every two years?

2 hours (Correct answer)
1 hour
4 hours
3 hours

Correct answer: 2 hours

California Government Code Section 12950.1 mandates at least 2 hours of sexual harassment prevention training for supervisory employees every two years.

Question 75: Which California agency is primarily responsible for enforcing workplace safety and health regulations?

DFEH
EDD
Cal/OSHA (Correct answer)
EEOC

Correct answer: Cal/OSHA

Cal/OSHA (Division of Occupational Safety and Health) enforces workplace safety and health standards in California.

Question 76: Under California law, which meal period rule applies to employees working shifts longer than 10 hours?

A second 30-minute meal period is required (Correct answer)
Employees must receive a 60-minute meal period
The first meal period may be waived if the shift is under 12 hours
No additional meal period is required beyond the first

Correct answer: A second 30-minute meal period is required

California requires a second 30-minute meal period for employees working more than 10 hours in a day.

Question 77: An employee is scheduled for an 8-hour shift but is sent home after working only 3 hours due to a lack of work. According to California's reporting time pay rules, how many hours must the employer pay the employee?

2 hours, the minimum reporting time pay.
4 hours, which is half of the scheduled shift. (Correct answer)
3 hours, for the time actually worked.
8 hours, the full scheduled shift.

Correct answer: 4 hours, which is half of the scheduled shift.

California's reporting time pay requires employers to pay an employee for half their scheduled shift, but no less than two hours and no more than four hours, if the employee is sent home before working at least half their shift. Since the employee was scheduled for 8 hours and only worked 3, they are entitled to pay for half their scheduled shift, which is 4 hours.

Question 78: Which of the following is a key distinction between the federal WARN Act and the California WARN (Cal-WARN) Act regarding employer coverage?

Cal-WARN requires a 90-day notice period, whereas the federal WARN Act requires a 60-day notice.
The federal WARN Act only counts full-time employees, while Cal-WARN counts both full-time and part-time employees toward its threshold. [5, 19] (Correct answer)
Cal-WARN does not apply to plant relocations, only to mass layoffs and closures.
Federal WARN applies to employers with 50+ employees, while Cal-WARN applies to employers with 100+ employees.

Correct answer: The federal WARN Act only counts full-time employees, while Cal-WARN counts both full-time and part-time employees toward its threshold. [5, 19]

A significant difference is how employees are counted. The federal WARN Act generally applies to employers with 100 or more full-time employees. In contrast, the Cal-WARN Act applies to employers with 75 or more employees, and it explicitly includes both full-time and part-time employees in that count, making its scope broader. [2, 5, 19]

Question 79: Which California regulation requires employers with 10 or more employees to maintain an Injury and Illness Prevention Program (IIPP)?

Cal/OSHA Title 8, Section 3203 (Correct answer)
Cal/OSHA Title 8, Section 5194
Cal/OSHA Title 8, Section 342
Labor Code Section 4553

Correct answer: Cal/OSHA Title 8, Section 3203

California Code of Regulations Title 8, Section 3203 mandates that virtually all California employers establish and maintain an IIPP.

Question 80: An employer with 30 employees in California must provide an employee time off if they are a victim of a crime. Which of the following is true regarding this type of leave?

The employer is only required to provide this leave if the crime occurred at the workplace.
This leave is only available to victims of domestic violence and not other crimes.
The leave is paid by the employer for up to 10 business days.
The employee can take unpaid time off to appear in court to obtain a restraining order. (Correct answer)

Correct answer: The employee can take unpaid time off to appear in court to obtain a restraining order.

California law requires all employers, regardless of size, to provide unpaid time off for employees who are victims of certain crimes, including domestic violence, sexual assault, and stalking, to attend judicial proceedings or seek medical/psychological treatment. This includes time needed to obtain a restraining order. While the leave is generally unpaid, an employee may elect to use accrued paid time off, including paid sick leave. The protection is not limited to crimes occurring at the workplace.

Question 81: Which California benefit program provides short-term disability insurance funded through employee payroll deductions?

State Disability Insurance (SDI) (Correct answer)
Workers' Compensation
Paid Family Leave (PFL)
CalSavers

Correct answer: State Disability Insurance (SDI)

California's SDI program is funded entirely through employee payroll deductions and provides partial wage replacement for employees unable to work due to non-work-related illness, injury, or pregnancy.

Question 82: Under California's Workplace Violence Prevention for General Industry standard (SB 553, effective 2024), which employer action is required?

Develop and implement a Workplace Violence Prevention Plan (WVPP) (Correct answer)
Hire a licensed security consultant to assess risk annually
Conduct quarterly active-shooter drills
Install metal detectors at all entrances

Correct answer: Develop and implement a Workplace Violence Prevention Plan (WVPP)

SB 553 requires most California employers to establish, implement, and maintain a written Workplace Violence Prevention Plan as part of their IIPP.

Question 83: What is the maximum time an employer has to provide a final paycheck to an employee who voluntarily resigns with at least 72 hours' notice in California?

Within 72 hours of the last day worked
At the next regular pay period
Within 30 days of the last day worked
On the employee's last day of work (Correct answer)

Correct answer: On the employee's last day of work

When an employee provides at least 72 hours' advance notice of resignation, California law requires the employer to have the final paycheck ready on the employee's last day.

Question 84: California's CFRA baby bonding leave differs from FMLA in that CFRA allows leave for a new child for up to:

8 weeks
12 weeks (Correct answer)
16 weeks
6 weeks

Correct answer: 12 weeks

CFRA provides up to 12 weeks of baby bonding leave, but unlike FMLA it does not cover pregnancy disability, which is covered separately under PDL.

Question 85: During onboarding in California, which document must employers provide to new hires informing them of their rights regarding paid sick leave?

Notice to Employee (Labor Code Section 2810.5)
EDD pamphlet DE 2511 (Correct answer)
OSHA Form 300
Form W-4

Correct answer: EDD pamphlet DE 2511

Employers must provide new hires with EDD pamphlet DE 2511, which explains California's Paid Family Leave program, as part of onboarding documentation.

Question 86: California's FEHA prohibits discrimination based on which characteristic NOT covered by federal Title VII?

Race
Sex
National origin
Marital status (Correct answer)

Correct answer: Marital status

California's FEHA extends protections beyond federal law to include marital status, among other characteristics not covered by Title VII.

Question 87: Which document must California employers with five or more employees distribute to new hires regarding sexual harassment prevention?

DFEH-185 pamphlet (Correct answer)
OSHA Form 300A
EDD DE 35 notice
IWC Wage Order summary

Correct answer: DFEH-185 pamphlet

California employers with five or more employees must provide the DFEH-185 informational sheet on sexual harassment to all new employees.

Question 88: Under California law, which type of harassment training is required and how often must it be provided?

2-hour training every 2 years for supervisors and 1-hour for non-supervisory employees (Correct answer)
4-hour training annually for all employees
1-hour training every year for all employees
1-hour training every 2 years for supervisors only

Correct answer: 2-hour training every 2 years for supervisors and 1-hour for non-supervisory employees

SB 1343 requires employers with 5 or more employees to provide 2 hours of sexual harassment prevention training to supervisors and 1 hour to non-supervisory employees every 2 years.

Question 89: California's AB 5 (Assembly Bill 5) primarily addresses which employment issue?

Worker classification as employees vs. independent contractors (Correct answer)
Mandatory arbitration agreements
Paid family leave expansion
Workplace safety inspections

Correct answer: Worker classification as employees vs. independent contractors

AB 5 codified the ABC test for worker classification, making it harder to classify workers as independent contractors rather than employees.

Question 90: What is the primary purpose of California's Investigative Consumer Reporting Agencies Act (ICRAA) in the employee lifecycle?

To govern how employers use background investigation reports obtained through interviews and inquiries (Correct answer)
To establish minimum wage requirements for investigators
To regulate drug testing procedures
To mandate workplace safety inspections

Correct answer: To govern how employers use background investigation reports obtained through interviews and inquiries

ICRAA regulates the use of investigative consumer reports that are compiled through personal interviews and inquiries about an individual's character, reputation, and lifestyle in employment decisions.

PHRca (Professional in Human Resources - California) Exam

The PHRca (Professional in Human Resources - California) Exam exam validates essential knowledge and skills required for certification or licensure in this field.

Questions

120 min

Time Limit

70%

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