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PHR CA exam questions with answers
Alternative Workweek - CORRECT ANSWERS ✔✔A method of scheduling work that allows employees to work a standard workweek over less than a five day period with a number of California requirements. Senate Bill 1343 (SB 1343) - CORRECT ANSWERS ✔✔Requires anti-harassment training every two years for all employees employed by employers with five or more employees, and all government municipalities. Asbestos Notification Act - CORRECT ANSWERS ✔✔The California _____________ Act, effective January 1, 1989, applies to the owners of buildings constructed prior to 1979. It requires building owners who know that the building has asbestos- containing construction materials to notify co-owners, employees, lessees, and tenants of the presence of asbestos in the building. California Database Protection Act of 2003 - CORRECT ANSWERS ✔✔California passed the _____ that requires any person, agency, or organization that is doing business in California to notify any affected persons should such a database breach occur. California Family Rights Act (CFRA) - CORRECT ANSWERS ✔✔Requires employers with 50 or more
employees to provide 12 weeks of leave for bonding with a newborn or adopted child, caring for a family member with a serious health condition, and/or caring for the employee's own serious health condition. California Labor Commissioner - CORRECT ANSWERS ✔✔Sets and enforces rules for wages, deductions, vacation, jury/witness duty, meal and rest periods, temporary military leave, the workweek, minors, employee access to personnel files, discrimination, exempt status, independent contractors and more. California Uniform Trade Secrets Act - CORRECT ANSWERS ✔✔Protects only certain defined trade secrets, that is information, including a formula, pattern, compilation, program, device, method, technique or process that derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Cal-COBRA - CORRECT ANSWERS ✔✔California Continuation of Benefits Replacement Act requires California Insurance carries and HMOs to provide COBRA like coverage for employees of smaller employers (2-19 employees) not subject to COBRA.
Public Works - CORRECT ANSWERS ✔✔Investigates and enforces statutes covering private contractors with regards to prevailing wage law. Retaliation Complaint Investigations (RCI) - CORRECT ANSWERS ✔✔Investigates complaints alleging discriminatory retaliation in the workplace Judgement Enforcement - CORRECT ANSWERS ✔✔Enforces judgements for unpaid wages and penalties. Licensing and Registration - CORRECT ANSWERS ✔✔Processes licenses and registration for farm labor contractors, garment contractors, car washes, studio teachers, talent agencies, special minimum wage workers, shelter workshops, industrial homework, and individuals using minors in door-to-door sales. Also issues work permits for minors as well as employer permits to employ child entertainers.
Legal Unit - CORRECT ANSWERS ✔✔Represents the DLSE (Department of Labor Standards Enforcement) in all legal matters De Novo Appeals - CORRECT ANSWERS ✔✔An appeals court hearing that looks at the trial court's record to determine the facts, but rules on the evidence and matters of law without giving deference to that court's findings. Amicus Briefs - CORRECT ANSWERS ✔✔Legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter Industrial Welfare Commission (IWC) - CORRECT ANSWERS ✔✔Established in 1913 to regulate wages, hours, and working conditions in the State of California Wage Order 1 - CORRECT ANSWERS ✔✔Manufacturing industry Wage Order 2 - CORRECT ANSWERS ✔✔Personal Services Industry Wage Order 3 - CORRECT ANSWERS ✔✔Canning, Freezing, and Preserving Industry Wage Order 4 - CORRECT ANSWERS ✔✔Professional, Technical, Clerical,
Wage Order 14 - CORRECT ANSWERS ✔✔Agricultural Occupations Wage Order 15 - CORRECT ANSWERS ✔✔Household Occupations Wage Order 16 - CORRECT ANSWERS ✔✔Certain OnSite Occupations in the Construction, Drilling, Logging and Mining Industries Wage Order 17 - CORRECT ANSWERS ✔✔Miscellaneous Employees Sheepherders - CORRECT ANSWERS ✔✔Shall be provided with regular mail service, radio and/or telephone, visitor access to fixed site housing and when practicable to mobile housing Ski Establishment - CORRECT ANSWERS ✔✔Allowed a regularly scheduled workweek of not more than forty-eight (48) hours during any month of the year when related business activities are actually being conducted Nonexempt employees - CORRECT ANSWERS ✔✔Protected under the IWC orders and are eligible for overtime pay, meal and rest breaks and minimum wage
Exempt Employees - CORRECT ANSWERS ✔✔Must be paid at least two (2) times the minimum wage in a weekly salary calculation. Administrative Exemption - CORRECT ANSWERS ✔✔Employee's duties and responsibilities generally involve performing office or non-manual work related to management policy or business operations; exercises discretion and independent judgement; performs under general supervision; and earns a normal salary of at least two (2) times the state minimum wage. Executive Exemption - CORRECT ANSWERS ✔✔Employee's duties and responsibilities generally involve the management of the organization; regularly directs the work of two (2) or more employees; has the authority to, or whose suggestions are used to, hire and/or fire employees; exercises discretion and independent judgement; and earns a normal salary of at least two (2) times the state minimum wage Professional Exemption - CORRECT ANSWERS ✔✔Employee is licensed by the State of California and practicing in one of the following: law, medicine, dentistry, optometry. architecture. teaching, or accounting; whose occupation is commonly recognized as a learned or artistic profession; whose duties and responsibilities generally exercise discretion and independent judgement; require to be: 1) Advanced knowledge in their field; or 2) Original or creative work; and 3) Predominantly intellectual and varied; and earns a normal salary of at least 2 times minimum wage
Independent contractor - CORRECT ANSWERS ✔✔Provides goods or services to another entity under terms specified in a written contract or verbal agreement EDD - CORRECT ANSWERS ✔✔Employment Development Department Wages - CORRECT ANSWERS ✔✔"All amounts for labor performed by employees of ever description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation." Minimum Wage - CORRECT ANSWERS ✔✔The lowest amount of compensation an employer can offer an employee to perform work, with few exceptions Prevailing wage - CORRECT ANSWERS ✔✔Organizations that do business with government entities are required to pay employees engaged in particular crafts a "prevailing wage," which in many instances is well above the minimum wage Living wage - CORRECT ANSWERS ✔✔Employers who contract with certain cities or counties are required to pay their employees a higher than minimum wage rate for all work conducted for the specific contract Learners - CORRECT ANSWERS ✔✔New workers that have no experience or skill for a specific position may be paid no less
than eighty-five percent (85%) of the minimum wage for the one hundred and sixty (160) hours of work Licenses for Disabled Workers - CORRECT ANSWERS ✔✔Nonprofit organization, such as shelters and rehabilitation centers, can apply for a special license to allow them to hire numerous individuals without having to apply for a specific license each time Camp counselors - CORRECT ANSWERS ✔✔Must receive at least eighty-five percent (85%) of the minimum wage for a forty hour week, regardless of the number of hours they work Workday - CORRECT ANSWERS ✔✔Any consecutive twenty-four (24) hour period commencing at the same time each calendar day Workweek - CORRECT ANSWERS ✔✔Any seven (7) consecutive days. starting with the same calendar day each week DIR - CORRECT ANSWERS ✔✔Department of Industrial Relations Rest Break - CORRECT ANSWERS ✔✔All nonexempt employees are entitled to one ten minute ret break for every four (4) hours
On Call Pay - CORRECT ANSWERS ✔✔If the employee is requited to remain on the employer's premises or the employee's ability to conduct personal business is impacted such as they need to be able to report to the workstation with thirty minutes of receiving a call, then they are expected to be compensated for this time. Reporting Time Pay - CORRECT ANSWERS ✔✔When an employee reports to work pursuant to their schedule and there is no work for the employee to complete, so is sent home, or there is not enough work to complete the employee's shift Travel Time Pay - CORRECT ANSWERS ✔✔Nonexempt employees that are required to travel are entitled to pay for the time spent traveling Commission Pay - CORRECT ANSWERS ✔✔Compensation linked to the amount of sales a particular employee generates. or helps to generate for an organization Forfeiting Commissions - CORRECT ANSWERS ✔✔In the event all items sold are not completed; whether on the employee's side of by virtue of the client not completing necessary criteria Tip or gratuity - CORRECT ANSWERS ✔✔Money that has been paid or given to or left for an employee by a patron of a business over and over the actual amounts due for services rendered or for goods, food, drink, articles sold or served patrons.
Paid Sick Leave (PSL) - CORRECT ANSWERS ✔✔All employers to provide all employees with at least three days of paid sick leave annually (NOW 5 DAYS AS OF JAN 2024 - Newsom SB 616) California Fair Pay Act - CORRECT ANSWERS ✔✔Prohibits employers from paying any employee a wage rate that is less than a wage rate paid for equal work performed by members of the opposite sex Cheerleaders - CORRECT ANSWERS ✔✔California is the first state to make it illegal for teams to treat cheerleaders as independent contractors in order to keep them ineligible for minimum wage or other worker protections Vacation and Paid Time Off - CORRECT ANSWERS ✔✔Once offered, under California law, _______________ and _________________ are considered forms of wages and therefore need to be accrued, as well as paid out at the time of termination. Timing of Pay - CORRECT ANSWERS ✔✔Employers are required to compensate their nonexempt employees at least twice during each calendar month, and exempt employees at least once per calendar month. Final Pay - CORRECT ANSWERS ✔✔Under California law, an employee who is terminated, whether voluntary or involuntary
4 years - CORRECT ANSWERS ✔✔Section 226 requires the employer to keep a copy of the pay stubs for "at least three years." Section 226(a) As mentioned above, because the statute of limitations for labor code violations can extend beyond the three years, many employers retain these records for a _____________________ period of time. DFEH - CORRECT ANSWERS ✔✔Department of Fair Employment and Housing: The mission of this department is to protect Californians from employment, housing, and public accommodation discrimination, and hate violence DIR - CORRECT ANSWERS ✔✔Department of Industrial Relations Fair Employment and Housing Act - CORRECT ANSWERS ✔✔Prohibits harassment and discrimination in employment in California Prohibited Employment Practices - CORRECT ANSWERS ✔✔Under FEHA, employers are prohibited from making an employment decision or taking adverse action against any employee or job applicant because of a protected status of that individual. Religious Observance - CORRECT ANSWERS ✔✔California case law has clarified that
this duty may extend to include observances an employee simply prefer to follow or attend and that an employer should generally avoid inquiry into whether a _________________ is required. Sexual Harassment Training - CORRECT ANSWERS ✔✔Employers with five or more employees must provide at least two hours of effective interactive training and education regarding sexual harassment to all supervisory employees every two (2) years and one hour to all employees. Sexual Harassment is Forbidden by Law - CORRECT ANSWERS ✔✔All employees must receive from their employer a copy of this DFEH pamphlet or an equivalent document upon hire and a copy of the employer's antiharassment policy. Abusive Conduct - CORRECT ANSWERS ✔✔All California employers are required to include with their sexual harassment prevention training this topic.
from visitors, such as the data used to complete an online employment application Investigative Consumer Reporting Agencies Act - CORRECT ANSWERS ✔✔Employers may use reference checks and background investigations to screen applicants in accordance with the ___________________ Polygraph tests - CORRECT ANSWERS ✔✔California Labor Code prohibits employers from demanding or requiring any employee or applicant to take a _______________, lie detector, or similar test or examination as a condition of employment or continued employment. California Constitution Article 1 - CORRECT ANSWERS ✔✔"...All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." Social Security Number (SSN) - CORRECT ANSWERS ✔✔In CA it is against the law to post or display an employee's
Video Event Recorders - CORRECT ANSWERS ✔✔For employers who employ drivers, California law permits employers to monitor driver performance through the use of __________ with special provisions. Everify Sysyem - CORRECT ANSWERS ✔✔California employers are only allowed to utilize the _________________________ after a conditional offer of employment has been made, or when doing so is requited under federal law or as a condition for receiving federal funds Current employees - CORRECT ANSWERS ✔✔Everify cannot be used for verifying Medical examiniations - CORRECT ANSWERS ✔✔_________________ of applicants are only allowed after a conditional job offer has been made Photos and fingersprints - CORRECT ANSWERS ✔✔The CA Attorney General permits employers to maintain __________________ for their own use, but they may not provide them to third parties (including local police departments or other govt agencies)
