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Section 3 of 7

CSLB Hiring Employees Practice Questions

10 free practice questions on hiring employees, 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. A contractor hires a new employee. The employee's first day of work for pay is June 2. Under the EDD Employer's Guide (DE 44), when must the contractor report this new hire to the New Employee Registry?

    • A. Within 10 calendar days of the start-of-work date
    • B. Within 20 calendar days of the start-of-work date
    • C. Within 30 calendar days of the start-of-work date
    • D. Within 60 calendar days of the start-of-work date
    Show answer

    Correct answer: B

    • A. Within 10 calendar days of the start-of-work date

      This shortens the deadline to 10 days. DE 44 says new hires must be reported within 20 calendar days of the start-of-work date.

    • B. Within 20 calendar days of the start-of-work date

      Correct answer

      Correct. DE 44 requires reporting new or rehired employees to the New Employee Registry within 20 calendar days of the start-of-work date, the first day services were performed for wages (June 2 here).

    • C. Within 30 calendar days of the start-of-work date

      This stretches the deadline to 30 days. DE 44 sets the deadline at 20 calendar days from the start-of-work date.

    • D. Within 60 calendar days of the start-of-work date

      60 days is the separation period that makes a returning worker a rehire, not the reporting deadline. The deadline is 20 calendar days from the start-of-work date.

    Explanation

    The EDD Employer's Guide (DE 44) says employers must report all newly hired or rehired employees to the New Employee Registry within 20 calendar days of the start-of-work date. The start-of-work date is the first day the employee performed services for wages, which here is June 2. The 60-day number is the separation period that makes a returning worker a rehire, not the reporting deadline. Ten and 30 days are not the deadline.

    Source

  2. Employment Requirements

    2. A contractor changes the regular payday listed in an hourly employee's hiring notice. The change is not shown on a wage statement or another required writing. Under Labor Code section 2810.5, how soon must the contractor tell the employee in writing?

    • A. Within 3 calendar days after the change
    • B. Within 7 calendar days after the change
    • C. Within 14 calendar days after the change
    • D. Within 30 calendar days after the change
    Show answer

    Correct answer: B

    • A. Within 3 calendar days after the change

      Three days is not required. Section 2810.5 gives the employer seven calendar days after the change to notify the employee in writing.

    • B. Within 7 calendar days after the change

      Correct answer

      Correct. The employer must notify employees in writing of changes to the notice information within seven calendar days, and the stem says the change is not shown on a wage statement or another required writing.

    • C. Within 14 calendar days after the change

      Fourteen days is too late. Written notice of the change is due within seven calendar days after the change.

    • D. Within 30 calendar days after the change

      Thirty days is too late. Written notice of the change is due within seven calendar days after the change.

    Explanation

    Labor Code section 2810.5 says the employer must notify employees in writing of any changes to the notice information within seven calendar days after the change. The exceptions are when the change appears on a timely wage statement or in another writing required by law, and the stem says neither applies. Three days is not required, and 14 or 30 days is too late.

    Source

  3. Employment Requirements

    3. A new contractor hires its first employee and pays more than $100 in wages in a calendar quarter. Under the EDD Employer's Guide (DE 44), within how many days must it register with EDD?

    • A. Within 5 days of paying those wages
    • B. Within 10 days of paying those wages
    • C. Within 15 days of paying those wages
    • D. Within 30 days of paying those wages
    Show answer

    Correct answer: C

    • A. Within 5 days of paying those wages

      Five days is not the deadline. DE 44 says you must register with EDD within 15 days of paying wages over $100.

    • B. Within 10 days of paying those wages

      Ten days is not the deadline. DE 44 says you must register with EDD within 15 days of paying wages over $100.

    • C. Within 15 days of paying those wages

      Correct answer

      DE 44 says paying wages over $100 in a calendar quarter makes a business a subject employer, and it must register with EDD within 15 days of paying wages over $100.

    • D. Within 30 days of paying those wages

      Thirty days is too late. Registration with EDD is due within 15 days of paying wages over $100.

    Explanation

    The EDD Employer's Guide (DE 44) says a business becomes a subject employer when it pays wages over $100 during any calendar quarter. It must register with EDD within 15 days of paying wages over $100. Five or 10 days is not required, and 30 days is too late.

    Source

  4. Employment Requirements

    4. In a job interview, a contractor does not ask about past pay. Without being asked, the applicant says she earned $38 an hour at her last job. Under Labor Code section 432.3, may the contractor consider this when setting her pay?

    • A. No, salary history may never be used for any reason
    • B. Yes, because she shared it on her own without prompting
    • C. Yes, but only if she also shows a pay stub to prove it
    • D. No, unless she earned less than the job will pay
    Show answer

    Correct answer: B

    • A. No, salary history may never be used for any reason

      This goes too far. If an applicant voluntarily and without prompting discloses salary history, the employer may consider and rely on it in setting her salary.

    • B. Yes, because she shared it on her own without prompting

      Correct answer

      Correct. The contractor did not ask, and she disclosed her pay voluntarily and without prompting, so the contractor may consider it in setting her salary.

    • C. Yes, but only if she also shows a pay stub to prove it

      No pay stub is required. The only condition is that she disclosed the information voluntarily and without prompting.

    • D. No, unless she earned less than the job will pay

      The rule does not depend on whether her old pay was higher or lower than the new job. It depends on whether she disclosed it voluntarily and without prompting.

    Explanation

    Labor Code section 432.3 bars an employer from seeking an applicant's salary history. But if the applicant voluntarily and without prompting discloses it, the employer may consider and rely on that information when deciding the applicant's salary. Here the contractor did not ask, so it may consider what she shared. No pay stub is required, and the rule does not depend on whether her old pay was higher or lower. Under the same section, prior salary still cannot justify a pay disparity.

    Source

  5. Employment Requirements

    5. A contractor has made a conditional job offer to an applicant. The applicant was arrested last month and is now out on bail while he waits for his trial. Under Labor Code section 432.7, may the contractor ask him about this arrest?

    • A. No, because the arrest has not led to a conviction
    • B. No, because only public agencies may ask about arrests
    • C. Yes, but only if the arrest was for a felony
    • D. Yes, because he is out on bail waiting for trial
    Show answer

    Correct answer: D

    • A. No, because the arrest has not led to a conviction

      The general bar on asking about arrests that did not lead to a conviction does not stop an employer from asking about an arrest for which the applicant is out on bail pending trial.

    • B. No, because only public agencies may ask about arrests

      Section 432.7 covers private employers as well as public agencies. It does not limit arrest questions to public agencies.

    • C. Yes, but only if the arrest was for a felony

      The bail exception does not depend on whether the charge is a felony. It turns on whether the applicant is out on bail or on his own recognizance pending trial.

    • D. Yes, because he is out on bail waiting for trial

      Correct answer

      Correct. Section 432.7 does not prevent an employer from asking about an arrest for which the applicant is out on bail pending trial, and this applicant is.

    Explanation

    Labor Code section 432.7 generally bars employers from asking about an arrest that did not result in a conviction. But the same section says it does not prevent an employer from asking about an arrest for which the applicant is out on bail or on his own recognizance (released on his promise to appear) pending trial. This applicant is out on bail waiting for trial, so the contractor may ask. The rule covers private employers as well as public agencies, and the exception does not depend on whether the charge is a felony.

    Source

  6. Employment Requirements

    6. Labor Code section 2781 can let a construction subcontractor be judged under the Borello test instead of the ABC test. A general contractor hires an individual under a written subcontract to install a new roof. His contractor's license covers electrical work only. Does the section 2781 exception apply?

    • A. Yes, because the subcontract is in writing
    • B. Yes, because he holds a valid contractor's license
    • C. No, because roofing is never covered by this exception
    • D. No, because the roofing work is outside his license
    Show answer

    Correct answer: D

    • A. Yes, because the subcontract is in writing

      A written subcontract is not enough, because section 2781 applies only if all of its conditions are met. Here the roofing work is outside his license.

    • B. Yes, because he holds a valid contractor's license

      Holding a valid license is not enough, because the work must also be within the scope of that license. Roofing is outside his electrical-only license.

    • C. No, because roofing is never covered by this exception

      Section 2781 is not limited to certain trades, so roofing work can qualify when a properly licensed sub does it. The exception fails here because of his license, not because the work is roofing.

    • D. No, because the roofing work is outside his license

      Correct answer

      One condition of section 2781 is that the work be within the scope of the sub's CSLB license. Roofing is outside his electrical-only license, so the exception does not apply.

    Explanation

    Labor Code section 2781 applies only if the contractor shows that all of its listed conditions are met. One condition is that the subcontractor is licensed by the Contractors State License Board and the work is within the scope of that license. His license covers only electrical work, and roofing is outside it, so the exception does not apply. A written subcontract and a valid license are not enough when another condition fails. The section is not limited to certain trades, so roofing work can qualify when a properly licensed sub does it.

    Sources

  7. Employment Requirements

    7. A contractor is hiring a counter clerk for its building supply yard. The job is not managerial. The clerk will handle up to $3,000 in cash each workday. The job has none of the other duties listed in Labor Code section 1024.5. Under that section, may the contractor use a consumer credit report (a credit check) to decide whether to hire her?

    • A. No, because the cash she handles is under $10,000
    • B. Yes, because she handles the company's cash every day
    • C. Yes, because a credit check is allowed for any clerk
    • D. No, because credit checks are allowed only for managers
    Show answer

    Correct answer: A

    • A. No, because the cash she handles is under $10,000

      Correct answer

      Correct. The cash-based listed job requires regular access to $10,000 or more during the workday, and she handles only up to $3,000 with no other listed duty.

    • B. Yes, because she handles the company's cash every day

      Handling some cash every day is not enough. The listed job requires regular access to cash totaling $10,000 or more during the workday.

    • C. Yes, because a credit check is allowed for any clerk

      There is no general exception for clerks. Section 1024.5 bans using a credit report unless the position is on its list.

    • D. No, because credit checks are allowed only for managers

      The answer is No, but this reason is wrong. The list is not limited to managers; it also covers jobs such as those with regular access to $10,000 or more in cash or authority to transfer company money.

    Explanation

    Labor Code section 1024.5 bans using a consumer credit report for hiring unless the job is on its list. One listed job involves regular access to cash of $10,000 or more during the workday. This clerk handles up to $3,000, so the cash rule does not apply, and the job has no other listed duty. Handling some cash is not enough, and the list is not limited to managers; it also covers jobs such as those with authority to transfer company money.

    Sources

  8. Employment Requirements

    8. A contractor wants to check every job applicant with E-Verify (the federal online work eligibility system) before the interview. No job offer has been made yet. No federal law or federal funding requires this check. Under Labor Code section 2814, is this allowed?

    • A. Yes, because E-Verify is a federal system any employer may use
    • B. Yes, if the contractor checks every applicant the same way
    • C. No, because applicants may be checked only after a job offer
    • D. No, unless the applicant agrees to the check in writing
    Show answer

    Correct answer: C

    • A. Yes, because E-Verify is a federal system any employer may use

      Being a federal system does not let an employer use E-Verify at any time. Section 2814 makes it unlawful to check an applicant who has not been offered employment, unless federal law requires it.

    • B. Yes, if the contractor checks every applicant the same way

      Checking every applicant the same way does not make an early check lawful. The problem is the timing: no job offer has been made yet.

    • C. No, because applicants may be checked only after a job offer

      Correct answer

      Correct. Section 2814 makes it unlawful to use E-Verify on an applicant who has not been offered employment, and it allows the check for a person who has been offered employment.

    • D. No, unless the applicant agrees to the check in writing

      The law has no written-consent exception. Without a job offer, the check is unlawful unless federal law requires it.

    Explanation

    Labor Code section 2814 makes it unlawful to use E-Verify to check an applicant who has not been offered employment, unless federal law requires it. The same section allows an employer to use E-Verify, as federal law allows, for a person who has been offered employment. Checking every applicant the same way does not make an early check lawful, and the law has no written-consent exception. E-Verify being a federal system does not let an employer use it at any time it wants.

    Sources

  9. Employment Requirements

    9. A contractor hires a day laborer for two days of job site cleanup. Under the EDD Employer's Guide (DE 44), is this short, temporary work excluded from employment?

    • A. Yes, because the work lasts less than one week
    • B. Yes, because casual labor is never covered by payroll laws
    • C. No, because day labor and temporary help are not excluded
    • D. Yes, but only if the laborer is paid in cash
    Show answer

    Correct answer: C

    • A. Yes, because the work lasts less than one week

      The short length of the job does not matter. DE 44 says the law does not exclude day labor or temporary help from employment.

    • B. Yes, because casual labor is never covered by payroll laws

      This is wrong. DE 44 says the law does not exclude casual labor from employment.

    • C. No, because day labor and temporary help are not excluded

      Correct answer

      Correct. DE 44 says the law does not exclude day labor, part-time help, casual labor, or temporary help from employment, so a two-day job does not make the laborer a non-employee.

    • D. Yes, but only if the laborer is paid in cash

      Paying in cash does not change the answer. DE 44 says day labor is not excluded from employment.

    Explanation

    The EDD Employer's Guide (DE 44) says an employee may work on a temporary or less than full-time basis. It also says the law does not exclude day labor, part-time help, casual labor, or temporary help from employment. So the short length of the job does not make the laborer a non-employee. Paying in cash does not change this either.

    Source

  10. Employment Requirements

    10. A laborer left a contractor's payroll in March. The contractor hires him again 90 days later. Under the EDD Employer's Guide (DE 44), must the contractor report him to the New Employee Registry?

    • A. Yes, because his break lasted 60 or more days
    • B. No, because he was on the payroll before
    • C. No, because only first-time hires are reported
    • D. Yes, but only if his pay rate has changed
    Show answer

    Correct answer: A

    • A. Yes, because his break lasted 60 or more days

      Correct answer

      Correct. DE 44 says rehired employees must be reported, and a rehire is someone who left your payroll and was rehired after a separation of at least 60 consecutive days. His 90-day break meets that test.

    • B. No, because he was on the payroll before

      Being on the payroll before does not excuse the report. DE 44 requires reporting rehired employees, and his 90-day break makes him a rehire.

    • C. No, because only first-time hires are reported

      DE 44 requires reporting rehired employees too, not just first-time hires. A worker rehired after at least 60 consecutive days away must be reported.

    • D. Yes, but only if his pay rate has changed

      His pay rate does not matter. The report is required because he was rehired after a separation of at least 60 consecutive days.

    Explanation

    The EDD Employer's Guide (DE 44) says rehired employees must be reported. A rehired employee is someone who was on your payroll, left, and was rehired after a separation of at least 60 consecutive days. The laborer was gone 90 days, so he must be reported as a rehire. Being on the payroll before does not excuse the report, and his pay rate does not matter.

    Source

Keep studying

Read the Section 3 study notes: Employment Requirements

Study guides for this section