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Question 1California Employment Law and Compliance

A California employer is subject to a city minimum wage ordinance that sets a higher hourly rate than the state minimum wage. Which rate must the employer pay?

  1. The higher local rate Correct answer.
  2. Either rate, at the employer's discretion
  3. The federal rate, because it is the floor for all employers
  4. The state rate, because state law preempts city ordinances

Explanation

California law permits cities and counties to adopt minimum wage ordinances that exceed the state rate, and covered employers must pay the highest applicable rate. State law sets a floor, not a ceiling, so a conflicting local ordinance controls when it is more generous. Federal law sets only the minimum floor and does not override a higher state or local rate.

Question 2California Employment Law and Compliance

A nonexempt employee works a single 8-hour shift. Under the IWC wage orders, how much paid rest break time must the employer authorize?

  1. One 30-minute unpaid break
  2. No rest breaks are required for an 8-hour shift
  3. 20 minutes total, taken as two 10-minute breaks Correct answer.
  4. Three 10-minute breaks, one for each portion of the shift exceeding two hours

Explanation

The wage orders require a paid 10-minute rest break for each four hours worked or major fraction of four hours. An 8-hour shift therefore calls for two 10-minute rest periods, which are counted as hours worked and must be paid. Rest breaks generally should fall in the middle of each work period.

Question 3California Employment Law and Compliance

An employee resigns without giving any notice. By when must the employer deliver the final paycheck covering all wages due?

  1. Within 30 days
  2. On the next regular payday only
  3. Within 72 hours Correct answer.
  4. Within 24 hours

Explanation

When an employee quits without giving 72 hours' notice, the employer must pay all wages due within 72 hours of the quit. Waiting until the next regular payday is permitted only when the employee gave at least 72 hours' notice. The 72-hour rule is measured from the time the employer learns of the separation.

Question 4California Employment Law and Compliance

Under California's sexual harassment prevention training requirements, how much training must a supervisor receive?

  1. Thirty minutes annually for all employees
  2. One hour at hire and one hour each year thereafter
  3. One hour once every two years for supervisors and managers
  4. Two hours, repeated every two years Correct answer.

Explanation

California requires two hours of sexual harassment prevention training for supervisors within six months of hire or promotion, and two hours again every two years. Nonsupervisory employees must receive one hour initially and one hour every two years. Training must be interactive and include practical guidance on prevention, correction, and remedies.

Question 5California Employment Law and Compliance

What is the minimum amount of paid sick leave a California employer must provide or allow an employee to accrue each year?

  1. 10 hours or 2 days
  2. 80 hours, all front-loaded at hire
  3. 24 hours or 3 days
  4. 40 hours or 5 days Correct answer.

Explanation

State law requires at least 40 hours or 5 days of paid sick leave per year, accrued at no less than one hour for every 30 hours worked. Employers may front-load the leave, use an accrual method, or combine approaches, but the total available must meet the minimum. Accrual caps must allow at least 80 hours of carryover.

Question 6California Employment Law and Compliance

Which of the following items must appear on an itemized wage statement under Labor Code section 226?

  1. The employer's workers' compensation carrier
  2. The employee's home address
  3. The inclusive dates of the pay period Correct answer.
  4. The employee's job classification code assigned by the EDD

Explanation

Section 226 requires the wage statement to show, among other items, the inclusive dates of the pay period and the name of the employee and the employer's legal name and address. It must also show gross and net wages, total hours worked by nonexempt employees, all deductions, and the applicable hourly rates. Home addresses, EDD classification codes, and carrier names are not required elements.

Question 7California Employment Law and Compliance

An employer terminates an employee who has accrued, unused vacation time. What must the employer do with that vacation balance?

  1. Carry it forward only if the employee is rehired within a year
  2. Convert it into paid sick leave
  3. Forfeit it if the employee is terminated for cause
  4. Pay it out at the employee's final rate of pay Correct answer.

Explanation

Accrued vacation is a form of wages in California and cannot be forfeited, so it must be paid on separation at the employee's final rate of pay. The reason for separation does not matter, and no written agreement can eliminate the payout obligation. A policy may cap accrual prospectively, but time already earned must be paid.

Question 8California Employment Law and Compliance

A nonexempt employee is scheduled for a 7-hour shift. What meal period obligation does the employer have under the IWC wage orders?

  1. A 30-minute unpaid meal period, begun before the end of the fifth hour Correct answer.
  2. No meal period, because the shift is shorter than 8 hours
  3. Two 30-minute meal periods, because the shift exceeds 6 hours
  4. A 15-minute paid break in place of a meal period

Explanation

A first meal period of at least 30 minutes is required for a workday longer than five hours, and it must begin before the end of the fifth hour of work. The meal period must be duty-free and unpaid unless the employee is not relieved of all duties. A second 30-minute meal period is required for a workday longer than ten hours.

Question 9California Employment Law and Compliance

A nonexempt employee reports to work as scheduled for a 4-hour shift but is sent home after 1 hour because business is slow. What reporting time pay is due?

  1. Two hours of pay at the employee's regular rate Correct answer.
  2. Four hours of pay at the employee's regular rate
  3. One hour of additional pay as a penalty
  4. Pay only for the 1 hour actually worked

Explanation

Reporting time pay is one-half of the scheduled shift, but never less than two hours or more than four hours, at the employee's regular rate. Half of a 4-hour shift is two hours, so the employee must receive two hours of pay for the day. Wages for time actually worked are included within that minimum.

Question 10California Employment Law and Compliance

A nonexempt employee paid the state minimum wage works a split shift with a two-hour unpaid gap between the two segments. What additional compensation does the wage order require for that day?

  1. Two hours of additional pay at the employee's regular rate of pay for the entire split shift
  2. No premium if the employee agreed in writing to the split-shift schedule at the time of hire
  3. One hour at the minimum wage, minus any wages above minimum wage paid for that day Correct answer.
  4. One hour of pay at the employee's regular rate

Explanation

A split shift is a work schedule interrupted by an unpaid gap other than a bona fide meal period. The employer owes one hour of pay at the minimum wage for the day, and that premium may be reduced by any wages paid above the minimum wage for hours worked that day. A written agreement does not waive the premium.

Question 11California Employment Law and Compliance

The salary basis test for California's executive, administrative, and professional exemptions requires a monthly salary equal to at least what amount?

  1. Three times the state minimum wage for full-time work
  2. One and one-half times the state minimum wage for full-time work
  3. The federal salary threshold, regardless of state law
  4. Two times the state minimum wage for full-time work Correct answer.

Explanation

California requires that exempt employees receive a fixed monthly salary of no less than two times the state minimum wage for a 40-hour workweek. Because the state minimum wage changes, the salary threshold adjusts accordingly, and the federal threshold alone is not sufficient. Meeting the salary test is necessary but not sufficient; the duties test must also be satisfied.

Question 12California Employment Law and Compliance

An employer wants to move a department to a 4/10 alternative workweek schedule. What step is required before the schedule can take effect?

  1. Obtain approval from the Division of Labor Standards Enforcement before implementation
  2. Win a secret-ballot election with two-thirds approval of affected employees Correct answer.
  3. Reach agreement with a union, whether or not employees are represented
  4. Notify employees 72 hours in advance and begin the schedule

Explanation

An alternative workweek schedule must be adopted by a secret ballot election in which at least two-thirds of the affected employees vote in favor. The employer must give written notice of the election at least 14 days in advance and file the results with the Division of Labor Standards Enforcement within 30 days. A properly adopted schedule allows work beyond eight hours in a day without daily overtime.

Question 13California Employment Law and Compliance

An employee requests CFRA leave to care for a seriously ill parent. Which conditions must the employee meet to be eligible?

  1. 12 months, 1,250 hours, and 50 employees within 75 miles
  2. 6 months of employment, 1,000 hours worked, and 50 employees within 100 miles
  3. 12 months of service, 1,250 hours, and 5 employees within 75 miles Correct answer.
  4. 12 months of continuous employment with no hours or worksite requirement

Explanation

CFRA applies to employers with five or more employees and requires the employee to have at least 12 months of service and 1,250 hours worked in the prior 12 months. The worksite must also have five or more employees within 75 miles. Eligible employees may take up to 12 weeks of leave in a 12-month period for covered family reasons.

Question 14California Employment Law and Compliance

An employee is disabled by pregnancy and needs time away from work. How much leave must a covered California employer provide for pregnancy disability?

  1. Unlimited leave until the health care provider releases the employee
  2. 12 weeks in a 12-month period
  3. Six weeks, all of which must be paid
  4. Four months per pregnancy Correct answer.

Explanation

The Pregnancy Disability Leave law requires covered employers to provide up to four months of leave per pregnancy for the period an employee is actually disabled by pregnancy, childbirth, or a related condition. The leave may be unpaid, but the employer must continue group health coverage on the same terms as other medical leave. It is separate from and may precede CFRA bonding leave.

Question 15California Employment Law and Compliance

An employee wants to use paid sick leave to care for an ill family member under the kin care provisions of Labor Code section 233. What minimum portion of the employee's annual sick leave accrual must the employer allow for this purpose?

  1. The entire annual accrual, in every case
  2. Up to 3 days per year
  3. Only accrued time above 40 hours
  4. No less than one-half of the annual accrual Correct answer.

Explanation

Kin care requires employers to permit employees to use at least one-half of their annual sick leave accrual to attend to the illness of a family member. The statute defines family member broadly, including a child, parent, spouse, domestic partner, grandparent, grandchild, and sibling. An employer policy may allow more but cannot require less.

Question 16California Employment Law and Compliance

An outside sales representative uses a personal vehicle for required client visits. Under Labor Code section 2802, what must the employer do?

  1. Reimburse mileage only if expenses exceed 5 percent of gross pay
  2. Reimburse the necessary business mileage Correct answer.
  3. Reimburse mileage only if the employee signed an agreement accepting the cost
  4. Provide a company vehicle or owe nothing, because reimbursement is optional

Explanation

Section 2802 requires an employer to indemnify an employee for all necessary expenditures incurred in discharging job duties. Mileage driven for required business purposes is a classic reimbursable expense, and the employer may not shift that cost to the employee by agreement or policy. Failure to reimburse can give rise to wage claims and waiting time penalties.

Question 17California Employment Law and Compliance

How long must an employer retain job applications and personnel records under the Fair Employment and Housing Act?

  1. Five years
  2. Four years Correct answer.
  3. One year
  4. Two years

Explanation

FEHA requires employers to preserve applications, personnel files, and employment referral records for at least four years from the date the record was created or the personnel action occurred. This supports the statute of limitations for employment discrimination claims. Shorter retention periods for wage and hour records under other statutes do not displace the FEHA rule.

Question 18California Employment Law and Compliance

A customer repeatedly makes unwelcome sexual comments to an employee, who reports it to her supervisor. What is the employer's obligation under FEHA?

  1. Document the complaint and take no further action until the employee reports a second incident
  2. Take appropriate corrective action, up to removing the customer Correct answer.
  3. Nothing, because the harasser is not an employee
  4. Ask the employee to resolve the matter directly with the customer before the employer takes any steps

Explanation

FEHA requires employers to take appropriate corrective action when they know of harassment by nonemployees, such as customers or vendors, over whom they have some control. The remedy may include removing the harasser from the workplace or other steps reasonably calculated to end the conduct. The employer's response obligation arises from the first report.

Question 19California Employment Law and Compliance

A company classifies a worker as an independent contractor. Under the ABC test, when may the company treat the worker as a contractor?

  1. Whenever the worker signs a contract stating contractor status
  2. Only if all three prongs of the test are satisfied Correct answer.
  3. Only if the worker earns more than the state salary threshold for exemptions
  4. Whenever the worker sets their own hours and supplies their own tools

Explanation

The ABC test presumes a worker is an employee unless the hiring entity proves freedom from control, that the work is outside the usual course of the business, and that the worker is customarily engaged in an independently established trade of the same nature. Failure on any single prong results in employee status. A written label or contract does not control the analysis.

Question 20California Employment Law and Compliance

Under California's pay transparency law, what must an employer with 15 or more employees do when advertising a job opening?

  1. Post the pay scale only for positions paying above the state minimum wage
  2. Provide the pay scale to the state, but not in the posting
  3. Disclose the pay range only after a conditional offer is made
  4. Include the pay scale for the position in the job posting Correct answer.

Explanation

Employers with 15 or more employees must include the pay scale for a position in any job posting, including postings made through third parties. Employers must also provide the pay scale to applicants and employees who request it. Separate requirements impose pay data reporting on larger employers.

Question 21California Employment Law and Compliance

A nursing employee requests a private space and break time to express breast milk. What must the employer provide?

  1. Reasonable break time and a private space that is not a bathroom Correct answer.
  2. Unpaid time only, because lactation breaks are personal
  3. Break time only during scheduled rest periods, with no space obligation
  4. A restroom stall with a chair for as long as the employee needs

Explanation

California law requires employers to provide a reasonable amount of break time and a private space, other than a bathroom, for an employee to express breast milk. The space must be shielded from view and free from intrusion, and it must be available when needed. Lactation breaks may run in addition to ordinary rest and meal periods.

Question 22California Employment Law and Compliance

An employee is paid a $1,400 weekly salary, supervises no one, spends most of the day on routine clerical tasks under close direction, and exercises little independent judgment. Which classification is most defensible?

  1. Exempt executive, because the salary exceeds the threshold
  2. Nonexempt, because the duties tests are not met Correct answer.
  3. Exempt professional, because the work requires specialized training
  4. Exempt administrative, because some independent judgment is used

Explanation

The salary test is only the first hurdle; the employee must also satisfy a duties test, such as managing a recognized department, exercising discretion on matters of significance, or performing work requiring advanced knowledge. Routine clerical work under close direction meets none of these tests. A misclassified employee would be owed overtime and related remedies.

Question 23California Employment Law and Compliance

An eligible employee gives birth and wants to take CFRA leave for baby bonding. By what point must that bonding leave be completed?

  1. Before the child's first birthday Correct answer.
  2. Before the child's second birthday
  3. Within six months of the child's birth or placement
  4. Within 12 months of the date the employee returns from pregnancy disability leave

Explanation

CFRA bonding leave must be completed within one year of the child's birth, adoption, or foster placement. Pregnancy disability leave taken before bonding does not extend that one-year window. An employer may allow later leave by policy, but the statute does not require it.

Question 24California Employment Law and Compliance

An employer's wage statements omit total hours worked for a nonexempt employee, and the employee suffers injury as a result. What penalty may be recovered under Labor Code section 226?

  1. $50 per initial violation and $100 per later violation, capped at $4,000 Correct answer.
  2. $100 for the first violation and $250 for each later violation
  3. $25 per employee per pay period, capped at $1,000
  4. No penalty unless the employee shows the omission was willful and quits within 30 days

Explanation

Section 226 provides statutory damages of up to $50 per employee for an initial pay period violation and up to $100 for each subsequent violation, capped at $4,000 per employee, when the failure is knowing and intentional and causes injury. The employee must also show actual injury, such as an inability to determine wages owed. Attorney's fees may be recovered in a successful action.

Question 25California Employment Law and Compliance

An employer asks a current California employee to sign an agreement containing a one-year noncompete clause. Which statement is correct under California law as amended in 2024?

  1. The clause is enforceable if the employee is promoted in exchange for signing it
  2. The clause is enforceable if it is limited to a 25-mile radius and a one-year duration
  3. The clause is void, and offering it can create liability for the employer Correct answer.
  4. The clause is void, but the employer faces no liability for presenting it

Explanation

California voids noncompete clauses regardless of where and when the contract was signed, unless a narrow statutory exception applies. The 2024 amendments also require employers to notify current and former employees whose contracts contain such provisions and make presenting an unlawful noncompete an act of unfair competition. Customer nonsolicitation and confidentiality provisions are analyzed separately.

Question 26California Employment Law and Compliance

A nonexempt employee works 9 hours on Monday and 7.5 hours on each of the other four days, for a weekly total of 39 hours. What overtime pay is due under California law?

  1. One hour at one and one-half times the regular rate Correct answer.
  2. Five hours at one and one-half times the regular rate
  3. No overtime, because the employee worked fewer than 40 hours
  4. One hour at two times the regular rate

Explanation

California requires daily overtime at one and one-half times the regular rate for nonexempt hours worked beyond eight in a workday. The ninth hour on Monday is overtime even though the weekly total is only 39 hours.

Question 27California Employment Law and Compliance

A nonexempt employee is scheduled for a single 8-hour shift. How many rest breaks must the employer authorize under California wage order rules?

  1. No rest breaks if a 30-minute meal period is provided
  2. Two 10-minute rest breaks Correct answer.
  3. Three 10-minute rest breaks
  4. One 15-minute rest break

Explanation

Wage orders require a paid 10-minute net rest break for each four hours worked or major fraction thereof. An eight-hour shift therefore calls for two rest breaks.

Question 28California Employment Law and Compliance

An employee quits without providing notice and has accrued, unused vacation. By when must the employer pay all final wages?

  1. By the next regular payday
  2. Within 30 calendar days
  3. Within 72 hours of the resignation Correct answer.
  4. Immediately at the time of resignation

Explanation

Labor Code section 202 requires final wages, including accrued vacation, within 72 hours after an employee quits without giving 72 hours' notice. If the employee had given at least 72 hours' notice, final pay would be due at the time of quitting.

Question 29California Employment Law and Compliance

What is the minimum rate at which covered employees must accrue paid sick leave under California law?

  1. One hour for every 40 hours worked
  2. One hour for every 15 hours worked
  3. One hour for every 30 hours worked Correct answer.
  4. One hour for every 20 hours worked

Explanation

California's paid sick leave law requires accrual of at least one hour of paid sick leave for every 30 hours worked, subject to employer size and other rules. Employers may front-load leave instead of using accrual.

Question 30California Employment Law and Compliance

How many employees must a California employer have for the California Family Rights Act to apply?

  1. Twenty or more employees
  2. Fifteen or more employees
  3. Fifty or more employees
  4. Five or more employees Correct answer.

Explanation

Since January 1, 2021, CFRA applies to employers with five or more employees. The earlier 50-employee threshold was eliminated by SB 1383.

Question 31California Employment Law and Compliance

An employee believes she was denied a promotion because of her race. How long does she have to file a complaint with the California Civil Rights Department under FEHA?

  1. Three years from the decision Correct answer.
  2. Five years from the decision
  3. 180 days from the decision
  4. One year from the decision

Explanation

Under FEHA, the deadline to file an administrative complaint with the Civil Rights Department is three years from the date of the discriminatory act. This extended deadline was adopted by AB 9 in 2020.

Question 32California Employment Law and Compliance

How frequently must a California employer with five or more employees provide sexual harassment prevention training to supervisors?

  1. Every year
  2. Every three years
  3. Only when a complaint is filed
  4. Every two years Correct answer.

Explanation

California requires employers with five or more employees to train supervisors for at least two hours every two years. Nonsupervisory employees receive one hour every two years.

Question 33California Employment Law and Compliance

What does Cal/OSHA require of nearly every California employer under the Injury and Illness Prevention Program standard?

  1. Maintain a written injury and illness prevention program Correct answer.
  2. Create a joint labor-management safety committee
  3. Purchase workers' compensation insurance for all employees
  4. Post the federal OSHA 300 log publicly each month

Explanation

Cal/OSHA's IIPP standard requires employers to establish, implement, and maintain an effective written injury and illness prevention program. The program includes training, inspections, and hazard correction.

Question 34California Employment Law and Compliance

Under Senate Bill 553, by what date were most California employers required to establish a workplace violence prevention plan?

  1. January 1, 2023
  2. January 1, 2025
  3. July 1, 2025
  4. July 1, 2024 Correct answer.

Explanation

SB 553 added Labor Code section 6401.9, requiring covered employers to establish a workplace violence prevention plan, train employees, and keep a violent incident log. The requirement took effect July 1, 2024.

Question 35California Employment Law and Compliance

Within how many days must an employer report a newly hired employee to California's New Employee Registry?

  1. 10 days
  2. 30 days
  3. 20 days Correct answer.
  4. 5 days

Explanation

California employers must report each new hire to the New Employee Registry within 20 calendar days of the start of employment. The report is made to the Employment Development Department.

Question 36California Employment Law and Compliance

An employer uses semimonthly pay periods. Wages earned during the first half of the month must be paid no later than which date?

  1. The 15th day of the following month
  2. The last day of the same month
  3. The 26th day of the same month Correct answer.
  4. The 10th of the following month

Explanation

Labor Code section 204 requires semimonthly payment of wages. Wages earned in the first half of the month are due by the 26th day of that month; second-half wages are due by the 10th of the following month.

Question 37California Employment Law and Compliance

What must an employer obtain before paying wages by direct deposit in California?

  1. Approval from the Division of Labor Standards Enforcement
  2. A majority vote of the affected employees
  3. The employee's voluntary written authorization Correct answer.
  4. A signed union authorization card

Explanation

California law requires an employee's voluntary written authorization before wages may be paid by direct deposit. Employers generally may not require direct deposit as a condition of employment.

Question 38California Employment Law and Compliance

Under California's Fair Chance Act, when may an employer ask an applicant about a criminal conviction?

  1. During the initial phone screening
  2. After making a conditional offer of employment Correct answer.
  3. At any time if the job is in retail
  4. On the written job application

Explanation

The Fair Chance Act generally prohibits employers from asking about criminal history before making a conditional offer of employment. After the offer, the employer must follow individualized assessment and notice requirements.

Question 39California Employment Law and Compliance

An employee is summoned for jury duty. What does California law require of the employer?

  1. Excuse the employee and refrain from retaliation Correct answer.
  2. Require the employee to use accrued vacation time
  3. Pay the employee's full wages for the entire service
  4. Pay half wages for each day of service

Explanation

California law prohibits employers from discharging or retaliating against an employee for serving on a jury. Employers are not required to pay wages during jury service, although many choose to do so.

Question 40California Employment Law and Compliance

An employee lacks sufficient nonworking time to vote in a statewide election. What leave must the employer provide?

  1. A full paid day off
  2. Unpaid time off only if requested a week in advance
  3. Up to two hours of paid time off at the start or end of the shift Correct answer.
  4. Up to four hours of unpaid time off

Explanation

If an employee does not have sufficient nonworking time to vote, the employer must allow up to two hours of paid time off at the beginning or end of the shift. The employee must give notice, and the employer may require proof of need.

Question 41California Employment Law and Compliance

An eligible parent working for a covered employer may take unpaid leave to participate in school activities. What is the annual limit?

  1. Up to 80 hours in each 12-month period, with no monthly cap
  2. Up to 24 hours in each 12-month period, with no monthly cap
  3. 10 days in each school year
  4. 40 hours per year, with an 8-hour monthly cap Correct answer.

Explanation

Labor Code section 230.8 allows an eligible parent to take up to 40 hours of unpaid leave per year, capped at eight hours in any month, to participate in school activities. The employer may require documentation.

Question 42California Employment Law and Compliance

A nonexempt employee is paid on a piece-rate basis and works overtime. How is the overtime rate determined?

  1. Use the state minimum wage and pay 1.5 times that rate
  2. Pay straight time only because piece work is not hourly
  3. Use the average hourly rate and pay 1.5 times that rate Correct answer.
  4. Use the base piece rate only and pay 1.5 times that rate

Explanation

For piece-rate employees, the regular rate is total piece-rate earnings divided by total hours worked, including overtime hours. Overtime is then paid at one and one-half times that regular rate, with credit for piece-rate earnings.

Question 43California Employment Law and Compliance

What is the purpose of the CalSavers program?

  1. It funds paid family leave benefits through payroll taxes
  2. It provides state-funded unemployment benefits to jobless workers
  3. It pays workers' compensation claims for injured employees
  4. It offers retirement savings when an employer has no plan Correct answer.

Explanation

CalSavers is a state-sponsored retirement savings program for employees whose employers do not offer a qualified retirement plan. Covered employers must either offer a plan or facilitate payroll contributions to CalSavers.

Question 44California Employment Law and Compliance

Which agency administers California's Paid Family Leave benefits?

  1. The Department of Industrial Relations
  2. The Employment Development Department Correct answer.
  3. The Civil Rights Department
  4. The Division of Workers' Compensation

Explanation

California's Paid Family Leave program provides wage replacement benefits and is administered by the Employment Development Department. It is funded through employee payroll deductions.

Question 45California Employment Law and Compliance

May a California employer round employee time punches to the nearest quarter hour?

  1. Only for exempt employees
  2. No, rounding is prohibited under California law
  3. Yes, if the practice does not undercompensate time worked Correct answer.
  4. Only if the employee agrees in writing

Explanation

California permits rounding of punch times only if the practice is neutral and does not result in the employee being undercompensated for time worked. Systematic rounding that favors the employer is unlawful.

Question 46California Employment Law and Compliance

A nonexempt employee is told to finish work after clocking out. What must the employer do?

  1. Pay for all time the employer knew or should have known was worked Correct answer.
  2. Pay only when the employee requested overtime approval in advance
  3. Pay straight time only, because the overtime was not authorized
  4. Pay nothing unless the extra work exceeded ten minutes in a day

Explanation

Employers must compensate nonexempt employees for all time worked, including work the employer knew or should have known about. Unauthorized overtime must be paid, though the employer may discipline the employee for violating policy.

Question 47California Employment Law and Compliance

A California employer with 100 employees lays off 60 workers at one facility in a 30-day period. What notice does Cal-WARN require?

  1. 30 days' written notice to affected employees
  2. 60 days' written notice to affected employees Correct answer.
  3. No notice if one week of severance is offered
  4. Notice to the state only, not to employees

Explanation

Cal-WARN requires 60 days' written notice before a covered mass layoff, with notice to affected employees and specified government agencies. A covered employer generally has 75 or more employees and lays off 50 or more in a 30-day period.

Question 48California Employment Law and Compliance

A retail employer with 10 or more employees relocates a store more than five miles away. How much notice must affected employees receive?

  1. No notice is required
  2. 60 days Correct answer.
  3. 14 days
  4. 30 days

Explanation

California's retail relocation law requires a covered retail employer to give affected employees 60 days' written notice before relocating a store more than five miles away. The law is intended to give retail workers time to arrange their affairs.

Question 49California Employment Law and Compliance

Under California's AB 2188, which employer action is generally prohibited starting January 1, 2024?

  1. Disciplining an employee who is visibly impaired at work
  2. Prohibiting employees from using cannabis during working hours
  3. Rejecting an applicant based on a non-scientific cannabis test Correct answer.
  4. Testing safety-sensitive employees for current impairment

Explanation

AB 2188 generally prohibits employers from discriminating against applicants or employees based on off-the-job cannabis use or on non-scientific tests that detect past use. The law contains limited exceptions, such as certain federal contractors and construction employers.

Question 50California Employment Law and Compliance

Under the Private Attorneys General Act, what may an aggrieved employee recover?

  1. Punitive damages for emotional distress and lost wages
  2. Civil penalties for the state and other aggrieved employees Correct answer.
  3. Only the employee's own unpaid wages and interest
  4. Nothing, because PAGA claims must be arbitrated

Explanation

PAGA allows an aggrieved employee to recover civil penalties on behalf of the state and other aggrieved employees. The penalties are allocated mostly to the state, with a smaller share to the employees.