Section 3 of 7
CSLB Evaluation and Record-Keeping Practice Questions
10 free practice questions on evaluation and record-keeping, part of the Employment Requirements section (about 20% of the exam). Try each one, then open the answer: every choice is explained and the law is quoted.
Questions and answers
- Employment Requirements
1. Under Labor Code section 1174, what is the shortest time an employer must keep payroll records showing the hours worked daily and the wages paid?
- A. 1 year
- B. 2 years
- C. 3 years
- D. 5 years
Show answerHide answer
Correct answer: C
A. 1 year
Too short. Section 1174 requires payroll records showing daily hours worked and wages paid to be kept on file for not less than three years, not one.
B. 2 years
Too short. Section 1174 sets the minimum at not less than three years, not two.
C. 3 years
Correct answer
Correct. Section 1174 says payroll records showing the hours worked daily and the wages paid must be kept on file for not less than three years.
D. 5 years
Five years is longer than section 1174 requires. The minimum is three years, though an employer may choose to keep the records longer.
Explanation
Labor Code section 1174 says payroll records showing the hours worked daily and the wages paid must be kept on file for not less than three years. One or two years is too short. Five years is longer than this section requires, though an employer may keep them longer, and other agencies such as EDD and the IRS set their own periods.
Sources
Lab. Code §1174(d)
payroll records showing the hours worked daily by and the wages paid to
View source: Lab. Code §1174(d)Official site for Lab. Code §1174(d) (opens in a new tab)
Lab. Code §1174(d)
but in any case shall be kept on file for not less than three years.
View source: Lab. Code §1174(d)Official site for Lab. Code §1174(d) (opens in a new tab)
- Employment Requirements
2. A current employee gives her employer a written request to inspect her personnel records. Under Labor Code section 1198.5, if there is no written agreement for a later date, what is the latest time the employer may make them available?
- A. 10 calendar days after the request
- B. 21 calendar days after the request
- C. 30 calendar days after the request
- D. 60 calendar days after the request
Show answerHide answer
Correct answer: C
A. 10 calendar days after the request
Ten days shortens the deadline. Section 1198.5 gives the employer up to 30 calendar days from the date it receives the written request.
B. 21 calendar days after the request
21 days is the deadline for payroll records under Labor Code section 226, not personnel files. Personnel records are due within 30 calendar days.
C. 30 calendar days after the request
Correct answer
Correct. Section 1198.5 says the employer must make personnel records available not later than 30 calendar days from the date it receives a written request.
D. 60 calendar days after the request
Too late. Without a written agreement the limit is 30 calendar days, and even a written agreement allows a later date of only up to 35 days.
Explanation
Labor Code section 1198.5 says the employer must make personnel records available for inspection not later than 30 calendar days from the date it receives a written request. The parties may agree in writing to a later date of up to 35 days, but the stem says there is no such agreement. The 21-day deadline is for payroll records under Labor Code section 226, not personnel files.
Source
Lab. Code §1198.5(b)(1)
The employer shall make the contents of those personnel records available for inspection to the current or former employee, or their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request
View source: Lab. Code §1198.5(b)(1)Official site for Lab. Code §1198.5(b)(1) (opens in a new tab)
- Employment Requirements
3. A worker is paid $28 an hour for regular work and $42 an hour for overtime. Under Labor Code section 226, what must his itemized wage statement show?
- A. The employer's workers' comp policy number for the job
- B. The job site address for each day worked
- C. Each hourly rate and hours worked at it
- D. The employer's profit on the worker's labor
Show answerHide answer
Correct answer: C
A. The employer's workers' comp policy number for the job
Wrong. Section 226 does not require the wage statement to show a workers' compensation policy number.
B. The job site address for each day worked
Wrong. Section 226 does not require the wage statement to show job site addresses.
C. Each hourly rate and hours worked at it
Correct answer
Correct. The statement must show all applicable hourly rates in the pay period and the hours worked at each, so both the $28 and $42 rates with their hours.
D. The employer's profit on the worker's labor
Wrong. Section 226 does not require the wage statement to show the employer's profit.
Explanation
Labor Code section 226 says the itemized wage statement must show all applicable hourly rates in effect during the pay period and the number of hours worked at each rate. So it must show the $28 rate with its hours and the $42 rate with its hours. The section does not require a workers' compensation policy number, job site addresses, or the employer's profit.
Source
Lab. Code §226(a)
all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee
View source: Lab. Code §226(a)Official site for Lab. Code §226(a) (opens in a new tab)
- Employment Requirements
4. A carpenter stopped working for a contractor last month. Under the EDD Employer's Guide (DE 44), which fact about him must the contractor's payroll records include?
- A. The reason he gave for leaving the job
- B. The name and address of his next employer
- C. His home phone number and emergency contact
- D. The last date he performed services for it
Show answerHide answer
Correct answer: D
A. The reason he gave for leaving the job
The worker's reason for leaving is not on the DE 44 list of information payroll records must include.
B. The name and address of his next employer
The name and address of his next employer is not on the DE 44 list of required payroll record information.
C. His home phone number and emergency contact
His home phone number and emergency contact are not on the DE 44 list of required payroll record information.
D. The last date he performed services for it
Correct answer
Correct. DE 44 says payroll records must include, for each worker, the last date services were performed.
Explanation
The EDD Employer's Guide (DE 44) lists the information payroll records must include for each worker. The list includes the last date services were performed, along with the date hired and the payments made. The worker's reason for leaving, his next employer, and his emergency contact are not on the DE 44 list.
Sources
EDD DE 44 (2026), p. 12
Records must include the following information for each worker:
View source: EDD DE 44 (2026), p. 12Official site for EDD DE 44 (2026), p. 12 (opens in a new tab)
EDD DE 44 (2026), p. 12
Last date services were performed.
View source: EDD DE 44 (2026), p. 12Official site for EDD DE 44 (2026), p. 12 (opens in a new tab)
- Employment Requirements
5. Under Labor Code section 247.5, how long must a contractor keep records of each employee's hours worked and paid sick days earned (accrued) and used?
- A. At least 1 year
- B. At least 2 years
- C. At least 3 years
- D. At least 4 years
Show answerHide answer
Correct answer: C
A. At least 1 year
Wrong. One year is too short; section 247.5 requires these records to be kept for at least three years.
B. At least 2 years
Wrong. Two years is too short; section 247.5 requires these records to be kept for at least three years.
C. At least 3 years
Correct answer
Correct. Section 247.5 says an employer must keep records of hours worked and paid sick days accrued and used for at least three years.
D. At least 4 years
Wrong. Four years is the EDD and IRS rule for payroll tax records, a different rule; section 247.5 says at least three years.
Explanation
Labor Code section 247.5 says an employer must keep records of hours worked and paid sick days accrued and used for at least three years. The employer must also let the Labor Commissioner see these records. Four years is the EDD and IRS rule for payroll tax records, which is a different rule. One and two years are too short.
Source
Lab. Code §247.5(a)
An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee
View source: Lab. Code §247.5(a)Official site for Lab. Code §247.5(a) (opens in a new tab)
- Employment Requirements
6. A former employee's personnel file includes a complaint that names a coworker, a laborer who is not a supervisor. Under Labor Code section 1198.5, what may the employer do before showing him the file?
- A. Remove the whole complaint from the file
- B. Refuse to show any record naming others
- C. Hold the file until the laborer consents
- D. Redact (black out) the laborer's name
Show answerHide answer
Correct answer: D
A. Remove the whole complaint from the file
Wrong. The section lets the employer redact a nonsupervisory employee's name, not remove whole records.
B. Refuse to show any record naming others
Wrong. The employer may not refuse to show records because they name others; it may black out a nonsupervisory employee's name instead.
C. Hold the file until the laborer consents
Wrong. No coworker consent is required, and waiting for it could make the employer miss the deadline to respond.
D. Redact (black out) the laborer's name
Correct answer
Correct. Section 1198.5(g) lets the employer redact the name of any nonsupervisory employee, and the laborer is not a supervisor.
Explanation
Labor Code section 1198.5(g) says that before showing or copying personnel records, the employer may redact (black out) the name of any nonsupervisory employee in them. The laborer is not a supervisor, so his name may be blacked out. The section does not let the employer remove whole records or refuse to show records because they name others. Waiting for the coworker's consent could also make the employer miss the deadline to respond.
Source
Lab. Code §1198.5(g)
the employer may redact the name of any nonsupervisory employee contained therein.
View source: Lab. Code §1198.5(g)Official site for Lab. Code §1198.5(g) (opens in a new tab)
- Employment Requirements
7. An employee's brother asks to inspect her personnel file for her. She has not given him any written authorization. Under Labor Code section 1198.5, does he count as her representative?
- A. Yes, because close family members always count as representatives
- B. No, because a representative must be authorized in writing
- C. Yes, if she tells her supervisor by phone that he may
- D. No, because only a licensed attorney can be a representative
Show answerHide answer
Correct answer: B
A. Yes, because close family members always count as representatives
Being a family member is not enough; a representative must be authorized in writing by the employee.
B. No, because a representative must be authorized in writing
Correct answer
Section 1198.5 defines a representative as a person authorized in writing by the employee, and she has given her brother no written authorization.
C. Yes, if she tells her supervisor by phone that he may
A phone call to a supervisor is not written authorization, which the definition of representative requires.
D. No, because only a licensed attorney can be a representative
The section does not limit representatives to attorneys; any person she authorizes in writing can be one.
Explanation
Labor Code section 1198.5 defines a "representative" as a person authorized in writing by the employee to inspect or receive a copy of the records. Being a family member is not enough, and a phone call to a supervisor is not written authorization. The section does not limit representatives to attorneys. Without her written authorization, the brother is not her representative.
Source
Lab. Code §1198.5(e)
For purposes of this section, “representative” means a person authorized in writing by the employee to inspect, or receive a copy of, their personnel records.
View source: Lab. Code §1198.5(e)Official site for Lab. Code §1198.5(e) (opens in a new tab)
- Employment Requirements
8. A contractor pays its crew every two weeks. Under Labor Code section 226, which item must each worker's itemized wage statement (pay stub) show?
- A. The address of each job site he worked at
- B. The name of the supervisor who approved his hours
- C. The first and last dates of the pay period
- D. The total payroll the contractor paid that period
Show answerHide answer
Correct answer: C
A. The address of each job site he worked at
Labor Code section 226 does not require the pay stub to show job site addresses.
B. The name of the supervisor who approved his hours
Section 226 does not require the name of the supervisor who approved the hours.
C. The first and last dates of the pay period
Correct answer
Correct. Section 226(a) requires the inclusive dates of the period for which the employee is paid, meaning the first and last dates of the pay period.
D. The total payroll the contractor paid that period
The wage statement is about one employee's pay, so it does not show the contractor's total payroll.
Explanation
Labor Code section 226(a) lists what every itemized wage statement must show. One item is the inclusive dates of the period for which the employee is paid, meaning the first and last dates of the pay period. The law does not require job site addresses or the name of the supervisor who approved the hours. The statement is about one employee's pay, so it does not show the contractor's total payroll.
Source
Lab. Code §226(a)(6)
the inclusive dates of the period for which the employee is paid
View source: Lab. Code §226(a)(6)Official site for Lab. Code §226(a)(6) (opens in a new tab)
- Employment Requirements
9. Under Labor Code section 1174, which record must every employer in California keep?
- A. Home phone numbers for each employee's close family members
- B. Credit reports for every employee who handles company cash
- C. A photocopy of each employee's current driver's license
- D. Names and addresses of all employees, and minors' ages
Show answerHide answer
Correct answer: D
A. Home phone numbers for each employee's close family members
Section 1174 does not require family members' phone numbers. The required record shows the names and addresses of all employees and the ages of all minors.
B. Credit reports for every employee who handles company cash
Section 1174 does not require credit reports. It requires a record of the names and addresses of all employees and the ages of all minors.
C. A photocopy of each employee's current driver's license
Section 1174 does not require copies of driver's licenses. It requires a record of the names and addresses of all employees and the ages of all minors.
D. Names and addresses of all employees, and minors' ages
Correct answer
Correct. Section 1174 says every employer must keep a record showing the names and addresses of all employees and the ages of all minors.
Explanation
Labor Code section 1174 says every employer must keep a record showing the names and addresses of all employees and the ages of all minors. The section does not require family phone numbers, credit reports, or copies of driver's licenses.
Source
Lab. Code §1174(c)
Keep a record showing the names and addresses of all employees employed and the ages of all minors.
View source: Lab. Code §1174(c)Official site for Lab. Code §1174(c) (opens in a new tab)
- Employment Requirements
10. A business believes it is not a subject employer because its workers are exempt. Under the EDD Employer's Guide (DE 44), how long must it keep records of its payments to service providers?
- A. At least 3 years
- B. At least 4 years
- C. At least 6 years
- D. At least 8 years
Show answerHide answer
Correct answer: D
A. At least 3 years
Too short. DE 44 says a business that believes it is not a subject employer or that its employees are exempt must keep records of payments to service providers for at least eight years.
B. At least 4 years
Four years is the normal rule for a subject employer's payroll records. A business claiming its workers are exempt must keep payment records for at least eight years.
C. At least 6 years
Too short. In this case DE 44 requires records of payments to service providers to be kept for at least eight years, in case of an employment tax audit.
D. At least 8 years
Correct answer
Correct. DE 44 says that if you believe you are not a subject employer or that your employees are exempt, you must keep records of payments to service providers for at least eight years in case of an employment tax audit.
Explanation
The EDD Employer's Guide (DE 44) says that if you believe you are not a subject employer or that your employees are exempt, state law requires you to keep records of payments to service providers for at least eight years. This is in case of an employment tax audit. Four years is the normal rule for payroll records of a subject employer, not this case.
Source
EDD DE 44 (2026), p. 12
If you believe that you are not a subject employer or that your employees are exempt, state law requires you to maintain records of payments to service providers for at least eight years in case of an employment tax audit.
View source: EDD DE 44 (2026), p. 12Official site for EDD DE 44 (2026), p. 12 (opens in a new tab)
Keep studying
Read the Section 3 study notes: Employment Requirements