PHRCA Hiring and Onboarding Practices Questions and Answers Flashcards

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?

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.

During the hiring process, a California employer asks an applicant about their national origin to determine work authorization. Which statement is correct?

Answer: Employers may ask if the applicant is authorized to work in the U.S. but cannot ask about national origin

Under FEHA and federal law, employers may ask whether an applicant is authorized to work in the United States but cannot ask about national origin or citizenship status in a discriminatory manner.

California's New Employee Registry requires employers to report new hires to the Employment Development Department within how many days of their start date?

Answer: 20 days

California law requires employers to report all new and rehired employees to the EDD within 20 days of their start-of-work date.

Which onboarding document must California employers provide to new hires that explains their rights under the state disability insurance program?

Answer: DE 2515 - Notice of Rights under Disability Insurance

California employers must provide new employees with EDD pamphlet DE 2515, which outlines their rights and benefits under the State Disability Insurance program.

An employer in California wants to use E-Verify during onboarding. What restriction applies under California law?

Answer: Employers may only use E-Verify if required by federal contract or federal law

California Labor Code Section 2814 prohibits employers from using E-Verify to check existing employees and restricts its use to situations where mandated by federal law or as a condition of receiving federal funds.

Under California's WARN Act, which applies during workforce restructuring that may affect new hires, what is the minimum employee threshold for covered employers?

Answer: 75 employees

California's WARN Act applies to employers with 75 or more employees, which is a lower threshold than the federal WARN Act requirement of 100 employees.