Mixed Deck — All PHRCA Topics Flashcards

What obligation does a California employer have when an employee's CFRA leave and PDL leave overlap?

Answer: PDL and CFRA do not run concurrently; they are separate and additive entitlements

In California, PDL and CFRA are separate entitlements that do not run concurrently, meaning an eligible employee could receive up to 4 months of PDL followed by up to 12 weeks of CFRA leave for baby bonding.

The Higher Education Employer-Employee Relations Act (HEERA) covers employees of which institutions?

Answer: University of California and California State University systems

HEERA governs collective bargaining rights for employees of the University of California and California State University systems, distinct from community college employees covered by EERA.

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?

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.

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.

A California employer asks a departing employee to sign a non-compete agreement as a condition of receiving severance. Under California law, this agreement is:

Answer: Void and unenforceable regardless of scope or consideration

California Business and Professions Code Section 16600 broadly voids non-compete agreements, with very narrow statutory exceptions (such as sale of a business). Unlike most states, California does not recognize a 'reasonable scope' carve-out — the clause is void even with consideration.

What is the maximum statute of limitations for filing a claim under California's Private Attorneys General Act (PAGA)?

Answer: One year

PAGA claims must be filed within one year from the date of the alleged Labor Code violation.

Which of the following statements best describes a key feature of a lawsuit filed under California's Private Attorneys General Act (PAGA)?

Answer: It is a 'qui tam' style action where an employee sues on behalf of the state to enforce the Labor Code.

PAGA is unique because it allows an 'aggrieved employee' to step into the shoes of the state's labor law enforcement agencies to sue an employer for civil penalties for Labor Code violations. It is a 'qui tam' action, meaning the employee is suing on behalf of the state. The recovered penalties are shared between the state and the affected employees. The Supreme Court has ruled that PAGA claims cannot be forced into individual arbitration.

The California WARN Act (Cal-WARN) requires 60 days advance written notice before a mass layoff. Which of the following thresholds triggers this requirement?

Answer: 50 or more employees laid off at a single establishment within a 30-day period, for employers with 75 or more employees

Cal-WARN (Labor Code §1400 et seq.) applies to employers with 75 or more part- or full-time employees and is triggered when 50 or more employees at a single covered establishment are laid off within a 30-day period. This is broader than the federal WARN Act, which requires 100 employees.

Under California's WARN Act (Cal-WARN), how many days of advance notice must an employer with 75 or more employees provide before a mass layoff?

Answer: 60 days

California's WARN Act requires employers with 75 or more employees to give 60 days' written notice before a mass layoff, relocation, or plant closure.

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.

Under California Labor Code Section 226, what must be included on every employee's itemized wage statement?

Answer: Gross wages, total hours, deductions, pay period dates, and employer information

Section 226 requires detailed itemized statements including gross wages, hours worked, deductions, pay period inclusive dates, and employer identifying information.

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?

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.

Under California's Heat Illness Prevention regulation (Title 8, CCR § 3395), at what outdoor temperature must employers implement 'high heat procedures,' including frequent communication with employees and mandatory buddy systems?

Answer: 95°F

California's Heat Illness Prevention standard requires employers to implement high heat procedures when outdoor temperatures reach 95°F or above. These procedures include ensuring effective communication, observation of employees for signs of heat illness, and reminding employees to drink water.

Under California's Kin Care law, employees can use accrued sick leave to care for which family members?

Answer: Any individual whose association is equivalent to a family relationship

California's Kin Care law allows employees to use up to half of their accrued sick leave to care for a broad range of family members, effectively any person with a family-equivalent relationship.

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

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.

What is the California Family Rights Act (CFRA) threshold for employer coverage?

Answer: 5 or more employees within 75 miles

As amended effective January 1, 2021, CFRA applies to employers with 5 or more employees within a 75-mile radius.

Which of the following correctly describes California's 'use it or lose it' policy for vacation time?

Answer: California prohibits use-it-or-lose-it vacation policies

California law treats accrued vacation as earned wages, making use-it-or-lose-it policies illegal; employers may cap accrual but cannot forfeit already-earned vacation.

What is the primary purpose of conducting a privileged self-audit of employment practices in California?

Answer: To identify and correct compliance gaps before regulatory action occurs

A privileged self-audit allows employers to proactively identify compliance deficiencies and implement corrective actions while potentially protecting findings under attorney-client privilege.

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?

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]

What is the primary purpose of conducting a workforce gap analysis in strategic HR planning?

Answer: To determine the difference between current workforce capabilities and future organizational needs

A workforce gap analysis compares current workforce skills and capacity to what will be needed to achieve future organizational goals, guiding hiring and development decisions.