PHRca – Professional in Human Resources–
California | Comprehensive Study Guide, Practice
Exam, Exam Questions & Answers, Exam Prep
Test Bank, California Employment Law, HR
Compliance, Employee Relations, Wage & Hour
Laws, Leave Management, Talent Acquisition,
Workplace Policies, Detailed Rationales, HR
Certification Success
Question 1: Under the California Family Rights Act (CFRA), which of the
following is a qualifying reason for an employee to take protected leave?
A. To care for a grandparent 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 recover from a minor, non-chronic illness such as a cold
CORRECT ANSWER: B. To bond with a newly adopted child within one year of
placement
Rationale: CFRA provides eligible employees with up to 12 weeks of unpaid leave for
the birth, adoption, or foster care placement of a child, to bond with the child within one
year of the event, or to care for a serious health condition of a spouse, domestic partner,
child, or parent. Grandparents are not covered, and routine school events or minor
illnesses do not qualify.
Question 2: Which of the following best defines "wage theft" under California
law?
A. The failure to pay overtime wages at the legally required rate
B. The failure to provide a meal period or rest break
C. The unlawful withholding of wages, including unpaid overtime, minimum wage
violations, and misappropriation of tips
D. The refusal to reimburse an employee for work-related cell phone use
CORRECT ANSWER: C. The unlawful withholding of wages, including unpaid
overtime, minimum wage violations, and misappropriation of tips
Rationale: Wage theft is a broad term that encompasses any unlawful deprivation of
wages owed to an employee, including failure to pay minimum wage, overtime, tips, and
other earned compensation. While A, B, and D are specific violations, C provides the
most comprehensive legal definition.
,Question 3: An employer in California with 50 employees working within 75
miles of each other must provide which type of leave under the California
Family Rights Act (CFRA)?
A. Paid sick leave
B. Paid family leave (PFL)
C. Unpaid, job-protected leave for family and medical reasons
D. Unpaid leave for jury duty
CORRECT ANSWER: C. Unpaid, job-protected leave for family and medical
reasons
Rationale: CFRA requires employers with 5 or more employees (as of 2021) to provide
unpaid, job-protected leave for qualifying family and medical reasons. Paid family leave
is a wage replacement program funded by the state, not a leave entitlement. Jury duty
leave is governed by separate statutes.
Question 4: Under California's Private Attorneys General Act (PAGA), what is
the primary penalty for a first violation of a labor code provision that does not
involve a wage statement violation?
A. $100 per employee per pay period
B. $250 per employee per violation
C. $100 per pay period for the initial violation and $200 for subsequent violations
D. $50 per employee per violation
CORRECT ANSWER: B. $250 per employee per violation
Rationale: PAGA provides for civil penalties of $100 per employee for an initial violation
and $200 for each subsequent violation for most Labor Code violations. For wage
statement violations, the penalty is $50 for the first violation and $100 for subsequent
violations. Therefore, $250 is incorrect; the correct penalty for a first, non-wage-
statement violation is $100.
Question 5: Which of the following is a requirement for an employer to
lawfully implement an arbitration agreement with an employee in California?
A. The agreement must be signed by both parties
B. The agreement must include a class action waiver
C. The agreement must be provided in the employee's native language
D. The agreement must allow the employee to opt out within 30 days
CORRECT ANSWER: A. The agreement must be signed by both parties
Rationale: Under California law, arbitration agreements must be voluntary and
supported by consideration. A signature is generally required to demonstrate mutual
assent. While class action waivers are common, they are not always required and may
,be subject to review. There is no statutory requirement to provide the agreement in the
native language, though best practice is advised. Opt-out provisions are not legally
mandated.
Question 6: Under California's Fair Employment and Housing Act (FEHA),
which of the following is considered a protected characteristic?
A. Political affiliation
B. Height and weight
C. Marital status
D. Credit history
CORRECT ANSWER: C. Marital status
Rationale: FEHA prohibits discrimination based on race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age (40 and
over), sexual orientation, and military/veteran status. Political affiliation, height/weight
(unless a disability), and credit history are not protected under FEHA.
Question 7: In California, which of the following is true regarding the payment
of final wages to an employee who is fired without cause?
A. They must be paid within 72 hours of termination
B. They must be paid immediately at the time of termination
C. They must be paid on the next regular payday
D. They must be paid within 30 days
CORRECT ANSWER: A. They must be paid within 72 hours of termination
Rationale: Under California Labor Code Section 201, if an employee is fired, their final
wages are due immediately at the time of termination. If they quit with at least 72 hours'
notice, wages are due at the time of quitting; if without notice, they are due within 72
hours. The correct rule for firing is immediate, not 72 hours; therefore, immediate is
correct.
Question 8: Which of the following is a key requirement for an employer to
establish a valid "bonus" program that excludes overtime pay under California
law?
A. The bonus must be discretionary
B. The bonus must be non-discretionary and included in the regular rate of pay
C. The bonus must be based on a percentage of sales
D. The bonus must be paid annually
, CORRECT ANSWER: A. The bonus must be discretionary
Rationale: To exclude a bonus from the regular rate of pay for overtime calculation, the
bonus must be truly discretionary—meaning the employer has sole discretion over
whether to pay it and the amount, and it is not promised or expected. Non-discretionary
bonuses must be included in the regular rate.
Question 9: Under the California Consumer Privacy Act (CCPA), what right do
employees have regarding their personal information?
A. The right to opt out of all data collection
B. The right to know what personal information is collected and request deletion
C. The right to sue for any data breach
D. The right to demand a copy of all emails sent by their employer
CORRECT ANSWER: B. The right to know what personal information is
collected and request deletion
Rationale: The CCPA grants employees (as consumers) rights to know what personal
information is collected, used, shared, or sold, and to request deletion of that
information, subject to exceptions. There is no blanket opt-out right, private right of
action is limited to certain data breaches, and emails are not automatically covered.
Question 10: In California, an employer may require an employee to use
accrued vacation time during a CFRA leave:
A. Only if the employee agrees in writing
B. Always, at the employer's discretion
C. Only if the employer has a written policy requiring it
D. Never, as CFRA is unpaid leave only
CORRECT ANSWER: A. Only if the employee agrees in writing
Rationale: Under CFRA regulations, an employer may require the employee to use
accrued vacation or other paid time off during CFRA leave, but only if the employer has
a written policy requiring it and the employee is informed. The employee's agreement is
not strictly required if the policy exists, but the policy must be in place.
Question 11: Which of the following is a prohibited pre-employment inquiry
under California law?
A. Asking about an applicant's work authorization status
B. Asking about an applicant's ability to perform essential job functions
C. Asking about an applicant's arrest record that did not lead to a conviction
D. Asking about an applicant's prior work experience
California | Comprehensive Study Guide, Practice
Exam, Exam Questions & Answers, Exam Prep
Test Bank, California Employment Law, HR
Compliance, Employee Relations, Wage & Hour
Laws, Leave Management, Talent Acquisition,
Workplace Policies, Detailed Rationales, HR
Certification Success
Question 1: Under the California Family Rights Act (CFRA), which of the
following is a qualifying reason for an employee to take protected leave?
A. To care for a grandparent 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 recover from a minor, non-chronic illness such as a cold
CORRECT ANSWER: B. To bond with a newly adopted child within one year of
placement
Rationale: CFRA provides eligible employees with up to 12 weeks of unpaid leave for
the birth, adoption, or foster care placement of a child, to bond with the child within one
year of the event, or to care for a serious health condition of a spouse, domestic partner,
child, or parent. Grandparents are not covered, and routine school events or minor
illnesses do not qualify.
Question 2: Which of the following best defines "wage theft" under California
law?
A. The failure to pay overtime wages at the legally required rate
B. The failure to provide a meal period or rest break
C. The unlawful withholding of wages, including unpaid overtime, minimum wage
violations, and misappropriation of tips
D. The refusal to reimburse an employee for work-related cell phone use
CORRECT ANSWER: C. The unlawful withholding of wages, including unpaid
overtime, minimum wage violations, and misappropriation of tips
Rationale: Wage theft is a broad term that encompasses any unlawful deprivation of
wages owed to an employee, including failure to pay minimum wage, overtime, tips, and
other earned compensation. While A, B, and D are specific violations, C provides the
most comprehensive legal definition.
,Question 3: An employer in California with 50 employees working within 75
miles of each other must provide which type of leave under the California
Family Rights Act (CFRA)?
A. Paid sick leave
B. Paid family leave (PFL)
C. Unpaid, job-protected leave for family and medical reasons
D. Unpaid leave for jury duty
CORRECT ANSWER: C. Unpaid, job-protected leave for family and medical
reasons
Rationale: CFRA requires employers with 5 or more employees (as of 2021) to provide
unpaid, job-protected leave for qualifying family and medical reasons. Paid family leave
is a wage replacement program funded by the state, not a leave entitlement. Jury duty
leave is governed by separate statutes.
Question 4: Under California's Private Attorneys General Act (PAGA), what is
the primary penalty for a first violation of a labor code provision that does not
involve a wage statement violation?
A. $100 per employee per pay period
B. $250 per employee per violation
C. $100 per pay period for the initial violation and $200 for subsequent violations
D. $50 per employee per violation
CORRECT ANSWER: B. $250 per employee per violation
Rationale: PAGA provides for civil penalties of $100 per employee for an initial violation
and $200 for each subsequent violation for most Labor Code violations. For wage
statement violations, the penalty is $50 for the first violation and $100 for subsequent
violations. Therefore, $250 is incorrect; the correct penalty for a first, non-wage-
statement violation is $100.
Question 5: Which of the following is a requirement for an employer to
lawfully implement an arbitration agreement with an employee in California?
A. The agreement must be signed by both parties
B. The agreement must include a class action waiver
C. The agreement must be provided in the employee's native language
D. The agreement must allow the employee to opt out within 30 days
CORRECT ANSWER: A. The agreement must be signed by both parties
Rationale: Under California law, arbitration agreements must be voluntary and
supported by consideration. A signature is generally required to demonstrate mutual
assent. While class action waivers are common, they are not always required and may
,be subject to review. There is no statutory requirement to provide the agreement in the
native language, though best practice is advised. Opt-out provisions are not legally
mandated.
Question 6: Under California's Fair Employment and Housing Act (FEHA),
which of the following is considered a protected characteristic?
A. Political affiliation
B. Height and weight
C. Marital status
D. Credit history
CORRECT ANSWER: C. Marital status
Rationale: FEHA prohibits discrimination based on race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age (40 and
over), sexual orientation, and military/veteran status. Political affiliation, height/weight
(unless a disability), and credit history are not protected under FEHA.
Question 7: In California, which of the following is true regarding the payment
of final wages to an employee who is fired without cause?
A. They must be paid within 72 hours of termination
B. They must be paid immediately at the time of termination
C. They must be paid on the next regular payday
D. They must be paid within 30 days
CORRECT ANSWER: A. They must be paid within 72 hours of termination
Rationale: Under California Labor Code Section 201, if an employee is fired, their final
wages are due immediately at the time of termination. If they quit with at least 72 hours'
notice, wages are due at the time of quitting; if without notice, they are due within 72
hours. The correct rule for firing is immediate, not 72 hours; therefore, immediate is
correct.
Question 8: Which of the following is a key requirement for an employer to
establish a valid "bonus" program that excludes overtime pay under California
law?
A. The bonus must be discretionary
B. The bonus must be non-discretionary and included in the regular rate of pay
C. The bonus must be based on a percentage of sales
D. The bonus must be paid annually
, CORRECT ANSWER: A. The bonus must be discretionary
Rationale: To exclude a bonus from the regular rate of pay for overtime calculation, the
bonus must be truly discretionary—meaning the employer has sole discretion over
whether to pay it and the amount, and it is not promised or expected. Non-discretionary
bonuses must be included in the regular rate.
Question 9: Under the California Consumer Privacy Act (CCPA), what right do
employees have regarding their personal information?
A. The right to opt out of all data collection
B. The right to know what personal information is collected and request deletion
C. The right to sue for any data breach
D. The right to demand a copy of all emails sent by their employer
CORRECT ANSWER: B. The right to know what personal information is
collected and request deletion
Rationale: The CCPA grants employees (as consumers) rights to know what personal
information is collected, used, shared, or sold, and to request deletion of that
information, subject to exceptions. There is no blanket opt-out right, private right of
action is limited to certain data breaches, and emails are not automatically covered.
Question 10: In California, an employer may require an employee to use
accrued vacation time during a CFRA leave:
A. Only if the employee agrees in writing
B. Always, at the employer's discretion
C. Only if the employer has a written policy requiring it
D. Never, as CFRA is unpaid leave only
CORRECT ANSWER: A. Only if the employee agrees in writing
Rationale: Under CFRA regulations, an employer may require the employee to use
accrued vacation or other paid time off during CFRA leave, but only if the employer has
a written policy requiring it and the employee is informed. The employee's agreement is
not strictly required if the policy exists, but the policy must be in place.
Question 11: Which of the following is a prohibited pre-employment inquiry
under California law?
A. Asking about an applicant's work authorization status
B. Asking about an applicant's ability to perform essential job functions
C. Asking about an applicant's arrest record that did not lead to a conviction
D. Asking about an applicant's prior work experience
