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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

  1. 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 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

  2. 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 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

  3. 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 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

  4. 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 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

  5. 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 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

  6. 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 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

  7. 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 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

  8. 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 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

  9. 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 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

  10. 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 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

Keep studying

Read the Section 3 study notes: Employment Requirements

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