California | Comprehensive Study Guide, Practice
Exam, Exam Questions & Answers, Exam Prep Test
Bank, California Employment Law, HR Compliance,
Employee Relations, Talent Acquisition,
Compensation & Benefits, Leave Management,
Workplace Investigations, Detailed Rationales,
Human Resources Certification Success
Question 1: Under California law, which of the following best defines the
standard for an individual to be classified as an "employee" rather than an
"independent contractor"?
A. The individual uses their own tools and equipment to perform the work.
B. The individual is free from the control and direction of the hiring entity in connection
with the performance of the work, both under contract and in fact.
C. The individual performs work that is outside the usual course of the hiring entity's
business.
D. The individual has a written contract stating they are an independent contractor.
CORRECT ANSWER: B. The individual is free from the control and direction of
the hiring entity in connection with the performance of the work, both under
contract and in fact.
Rationale: California's "ABC test" (adopted from Dynamex) presumes a worker is an
employee unless the hiring entity proves all three prongs: (A) the worker is free from the
hiring entity's control and direction; (B) the worker performs work outside the usual
course of the hiring entity's business; and (C) the worker is independently established in
their trade. Option B is the correct definition of the first and most fundamental prong of
this test.
Question 2: Which California agency is primarily responsible for enforcing the
state's wage and hour laws, including minimum wage and overtime?
A. Equal Employment Opportunity Commission (EEOC)
B. California Civil Rights Department (CRD)
C. Division of Labor Standards Enforcement (DLSE)
D. Employment Development Department (EDD)
CORRECT ANSWER: C. Division of Labor Standards Enforcement (DLSE)
Rationale: The DLSE, also known as the Labor Commissioner's Office, is the California
state agency that enforces wage and hour laws, including claims for unpaid wages,
overtime, and meal/rest period violations. The EEOC enforces federal anti-
discrimination laws, the CRD enforces California's civil rights laws, and the EDD handles
unemployment and payroll taxes.
,Question 3: Under the California Family Rights Act (CFRA), which of the
following is a qualifying reason for an eligible employee to take job-protected
leave?
A. To care for a sibling with a serious health condition.
B. To bond with a newly adopted child within one year of placement.
C. To attend a routine parent-teacher conference.
D. To care for a domestic partner with a serious health condition.
CORRECT ANSWER: B. To bond with a newly adopted child within one year of
placement.
Rationale: CFRA allows eligible employees to take up to 12 weeks of leave for bonding
with a new child (birth, adoption, or foster care placement) within one year. CFRA does
not cover siblings or domestic partners as qualifying family members; it covers a child,
parent, spouse, or registered domestic partner.
Question 4: In California, what is the maximum allowable deduction from an
employee's final paycheck for a cash shortage or breakage, absent a written
agreement?
A. The entire amount of the shortage.
B. Up to 50% of the employee's net wages.
C. No deduction is permitted without a written, voluntary agreement.
D. Up to the amount of the employee's minimum wage for the pay period.
CORRECT ANSWER: C. No deduction is permitted without a written, voluntary
agreement.
Rationale: California law prohibits employers from deducting for cash shortages,
breakage, or lost equipment unless the employee has voluntarily agreed in writing to the
deduction. Even with an agreement, the deduction cannot reduce the employee's wages
below minimum wage.
Question 5: An employee in California works 8 hours per day, 5 days a week. If
they work 9 hours on Monday and 8 hours on Tuesday through Friday, what is
the employer's overtime obligation for that week?
A. 1 hour of overtime pay (time-and-a-half) for the extra hour on Monday.
B. No overtime, as the total hours for the week are under 40.
C. 4 hours of overtime pay (time-and-a-half ) for the hours exceeding 8 in a day.
D. 1 hour of overtime pay, plus double-time for the hour over 8 on Monday.
CORRECT ANSWER: A. 1 hour of overtime pay (time-and-a-half ) for the extra
hour on Monday.
,Rationale: California requires overtime for hours worked over 8 in a single workday.
Since the employee worked 9 hours on Monday, the 9th hour is overtime (time-and-a-
half). The total weekly hours are 41 (9+8+8+8+8), which also triggers weekly overtime
for the 1 hour over 40, but in this case, the daily overtime and weekly overtime both
result in 1 hour of time-and-a-half, not double-time.
Question 6: Which of the following is a protected characteristic under the Fair
Employment and Housing Act (FEHA) in California?
A. Political affiliation.
B. Marital status.
C. Height and weight.
D. Criminal history.
CORRECT ANSWER: B. Marital status.
Rationale: FEHA protects employees from discrimination based on marital status,
among other characteristics like race, religion, gender, sexual orientation, and medical
condition. Political affiliation and height/weight are generally not protected unless they
relate to a disability. Criminal history is not a protected characteristic, though its use is
regulated.
Question 7: Under California's Worker Adjustment and Retraining Notification
(WARN) Act, how much advance notice must a covered employer provide to
employees before a mass layoff ?
A. 30 calendar days.
B. 60 calendar days.
C. 90 calendar days.
D. 14 calendar days.
CORRECT ANSWER: B. 60 calendar days.
Rationale: Both the federal WARN Act and the California WARN Act require covered
employers with 75 or more employees to provide 60 calendar days' advance notice of a
plant closing or mass layoff.
Question 8: An employer in California is conducting background checks on job
applicants. Under the Fair Credit Reporting Act (FCRA) and California's
Investigative Consumer Reporting Agencies Act (ICRAA), what must the
employer provide before obtaining a background check?
A. A conditional offer of employment.
B. A summary of the applicant's rights and a clear disclosure in a standalone document.
, C. A copy of the completed background report.
D. The applicant's social security number.
CORRECT ANSWER: B. A summary of the applicant's rights and a clear
disclosure in a standalone document.
Rationale: The FCRA and ICRAA require employers to provide a clear and conspicuous
disclosure in a document consisting solely of that disclosure, along with a summary of
consumer rights, before procuring a consumer or investigative report.
Question 9: What is the minimum wage for employers with 26 or more
employees in California, effective January 1, 2024?
A. $15.00 per hour.
B. $15.50 per hour.
C. $16.00 per hour.
D. $16.50 per hour.
CORRECT ANSWER: C. $16.00 per hour.
Rationale: As of January 1, 2024, California's minimum wage is $16.00 per hour for
employers with 26 or more employees, and $15.50 for employers with 25 or fewer
employees.
Question 10: Under California's paid sick leave law, how much paid sick leave
must an employer provide to a full-time employee each year?
A. 3 days or 24 hours.
B. 5 days or 40 hours.
C. 10 days or 80 hours.
D. 1 hour for every 30 hours worked.
CORRECT ANSWER: B. 5 days or 40 hours.
Rationale: California's Healthy Workplaces, Healthy Families Act of 2014, as amended,
requires employers to provide at least 5 days or 40 hours of paid sick leave per year,
accruing at a rate of 1 hour per 30 hours worked.
Question 11: A California employer accidentally pays an employee $200 less
than their owed wages. Under California law, what is the employee's primary
recourse if the employer refuses to correct the error?
A. File a grievance with the National Labor Relations Board (NLRB).
B. Report the employer to the Department of Fair Employment and Housing.
C. File a wage claim with the Division of Labor Standards Enforcement (DLSE).
D. File a complaint with the Equal Employment Opportunity Commission (EEOC).