Hiring and Onboarding Practices Flashcards

Under California law, what is the maximum penalty per violation for asking about an applicant's salary history?

Answer: $1,000

California Labor Code Section 432.3 allows the Labor Commissioner to issue civil penalties of $100 to $10,000 per violation, but the standard penalty ceiling widely cited for administrative purposes is $10,000.

A California employer uses an AI-driven screening tool that disproportionately screens out applicants over 40. Which legal framework is MOST directly implicated?

Answer: Fair Employment and Housing Act (FEHA) disparate impact theory

FEHA prohibits employment practices with an unjustified disparate impact on protected classes, including age (40+), regardless of intent.

California's AB 5 codified a three-part test for independent contractor status. Which element of the ABC test is unique compared to the prior Borello multi-factor test?

Answer: Part B: work is outside the usual course of the hiring entity's business

Part B—requiring that the work be outside the usual course of the hiring entity's business—was the most significant new element added by the ABC test codified in AB 5.

When must a California employer provide a new hire with a written notice of pay rate, pay day, and employer contact information?

Answer: At the time of hire

California Labor Code Section 2810.5 (Wage Theft Prevention Act) requires employers to provide the written notice at the time of hire.

A staffing agency places a worker at a client company in California. Under the joint employer doctrine, which party bears primary wage payment liability?

Answer: Both the staffing agency and the client company may be jointly liable

California courts and the Labor Commissioner recognize joint employer liability, meaning both the staffing agency and the client can be held responsible for unpaid wages.

During onboarding, a new hire discloses a disability and requests a schedule modification. What is the employer's FIRST required step under FEHA?

Answer: Engage in a timely, good-faith interactive process

FEHA requires employers to engage promptly in a good-faith interactive process with the employee to identify a reasonable accommodation.

California's 'ban-the-box' law (AB 1008) restricts criminal background check inquiries. When may an employer first ask about conviction history?

Answer: After a conditional offer of employment is extended

AB 1008 prohibits employers from asking about conviction history until after a conditional offer of employment has been made.