PHRCA Compliance and Risk Management Questions and Answers Flashcards

How long must California employers retain employee payroll records under state law?

Answer: 4 years

California Labor Code requires employers to maintain payroll records for at least four years, which exceeds the federal three-year requirement.

Under California's Fair Chance Act (AB 1008), when may an employer inquire about a job applicant's criminal history?

Answer: After a conditional offer of employment has been made

The Fair Chance Act prohibits employers with five or more employees from asking about criminal history until after a conditional job offer has been extended.

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.

Which California regulation requires employers to provide sexual harassment prevention training to supervisory employees every two years?

Answer: AB 1825

AB 1825 mandates that employers with 50 or more employees provide two hours of sexual harassment prevention training to supervisors every two years.

Under California's Private Attorneys General Act (PAGA), what portion of civil penalties collected goes to the state?

Answer: 75%

Under PAGA, 75% of collected civil penalties are distributed to the Labor and Workforce Development Agency, with the remaining 25% going to the aggrieved employees.

What risk management step should a California HR professional take FIRST when a workplace harassment complaint is received?

Answer: Conduct a prompt, thorough, and impartial investigation

California law and FEHA regulations require employers to conduct a prompt, thorough, and impartial investigation upon receiving a harassment complaint.