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245 questionsCombined O&P markup = 25% x $80,000 = $20,000, split into $12,000 overhead recovery + $8,000 profit as stated. Price = $80,000 + $20,000 = $100,000. Total O&P added is $20,000.
Commingling personal and business money is one of the classic facts a court relies on to disregard a corporation or LLC and reach the owner's personal assets, and Corporations Code §17703.04(b) makes clear that the shield depends on the entity being treated as separate. The mixing also makes the records unreliable for tax and job costing. It does not improve the current ratio; it corrupts the figures that ratio is computed from. Licence renewal depends on fees and bonds, and sales tax rates are set by law.
Corp. Code §17703.04(b)Two rules meet here. The worker's status picks the form: an employee gets a Form W-2, a non-employee paid for services gets a Form 1099-NEC. The dollar threshold then decides whether the 1099-NEC is required at all. For tax years beginning after 2025 that threshold is $2,000, so the $1,800 paid to the subcontractor falls under it and no 1099-NEC is due. A Form W-9 travels the other way: the payer collects it from the payee to obtain a taxpayer identification number, and it reports no wages.
IRS, About Form W-2; IRS, Instructions for Forms 1099-MISC and 1099-NEC (rev. Dec. 2026)Work the rate first, then the base. The 6.0% statutory rate less the 5.4% credit gives 0.6%, and California's 1.2% credit reduction for 2025 puts it back to 1.8%. FUTA is charged only on the first $7,000 of each employee's wages, not on everything paid, so 1.8% of $7,000 is $126. The $42 answer forgets that the credit was reduced; the $540 and $1,800 answers charge the tax against the whole $30,000.
IRS Tax Topic 759 (FUTA); IRS Instructions for Schedule A (Form 940) for 2025Working capital is current assets minus current liabilities: $180,000 less $215,000 is negative $35,000. The result is an amount of money, and it can be negative. A negative figure means the obligations due inside the year exceed what the business expects to turn into cash inside the year, which is a shortfall rather than a cushion. Dividing the same two balances instead of subtracting them gives a ratio, a different measure that carries no dollar sign; adding them measures nothing at all.
SEC, Beginners' Guide to Financial StatementsThe cap is $1,000 or 10 percent of the contract amount, whichever is LESS, so the test has to be run separately on each contract. On the $7,500 job, 10 percent is $750, which is less than $1,000, so $750 is the ceiling. On the $62,000 job, 10 percent is $6,200, so the $1,000 figure is the smaller of the two and it binds. On a small contract the percentage governs; on a large one the dollar figure does.
Bus. & Prof. Code §7159.5(a)(3)Employment
326 questionsLabor Code §510(a) pays 1.5x for hours over eight in a workday, so a 10-hour Monday earns two overtime hours at time and a half. The 'no overtime' answer applies the federal FLSA rule, which counts only hours over 40 in a week — California's daily line is the stricter one and it controls here. One hour would be right only if the daily threshold were nine. Double time does apply in California, but not until hours over 12 in a workday, and this employee stopped at 10.
Labor Code §510(a)Labor Code §510(a) pays work beyond eight hours in a workday at no less than 1.5× the regular rate, and work beyond twelve hours in the day at no less than twice the regular rate. Thirteen hours therefore splits three ways: 8 at straight time, hours 9 through 12 at 1.5×, and the thirteenth hour at 2×. Paying all 13 straight applies the federal approach, which counts only hours past 40 in a week and has no daily overtime. Running all five extra hours at 1.5× ignores the double-time trigger at twelve hours, and running all five at 2× starts double time four hours too early.
Labor Code §510(a)California requires overtime pay (1.5×) for all hours worked beyond 40 in a workweek. This applies regardless of whether daily overtime has also been triggered.
Labor Code §510Labor Code §510(a) pays one and one-half times the regular rate for the first eight hours worked on the seventh consecutive day of a workweek, and double time for hours beyond eight that day. Straight time ignores the seventh-day premium altogether. Double time from the first hour is the rule for hours beyond 12 in a single workday, not for the seventh day's first eight hours. And time-and-a-half all day drops the double-time step §510 adds after the eighth hour.
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Employers must provide a 30-minute unpaid meal period no later than the end of an employee's fifth hour of work. The break can be waived by mutual agreement if the shift is 6 hours or less.
Labor Code §512California requires one paid 10-minute rest period for every four hours worked (or major fraction thereof). An 8-hour shift triggers two 10-minute paid rest breaks.
IWC Wage OrdersWhen an employee quits without at least 72-hour advance notice, the employer has 72 hours to provide the final paycheck. If the employee gave 72+ hours notice, pay is due on the last day of work.
Labor Code §202Labor Code §201(a) makes wages earned and unpaid due and payable immediately when the employer discharges an employee, and §208 fixes the place as the place of discharge. The 72-hour deadline belongs to §202, which covers an employee who quits without notice. The 24-hour rule, weekends and holidays excluded, is the narrow §201.7 exception for oil-drilling layoffs. The next regular payday is the ordinary §204 rule for wages during employment; it never governs a discharge.
Labor Code §201(a); §202; §201.7; §208California employers must report all new employees to the EDD within 20 days of their start date. This supports child support enforcement and fraud detection.
Unemployment Insurance Code §1088.5California uses the ABC test to decide worker classification (c). A worker is presumed an employee unless the hiring entity proves all three prongs: (A) free from control, (B) work outside the hiring entity's usual course of business, and (C) customarily engaged in an independently established trade. AB 5 first codified this at Labor Code §2750.3, but AB 2257 repealed that section in 2020 and recodified the test at §2775, with the construction-subcontractor route out of it at §2781. (a) licensing is a separate question under B&P §7000 et seq., (b) prevailing wage turns on Labor Code §1720 and §1771, and (d) permits are a building-code matter.
Labor Code §2775Labor Code §1773 has the Director of the Department of Industrial Relations determine the general prevailing rate of per diem wages by craft and locality. The awarding public agency is the most tempting wrong answer because §1773.2 makes it obtain those rates from DIR and specify them in the call for bids - it publishes them but does not set them. Davis-Bacon rates are determined by the U.S. Department of Labor and govern federally funded work, not California's own prevailing wage law. DIR looks to collective bargaining agreements as evidence of the prevailing rate, but a local master agreement is not itself the determination.
Labor Code §1773; §1773.2Labor Code §226(a) lists what an itemized wage statement must show: gross wages earned, total hours worked, deductions, net wages, the inclusive dates of the pay period, applicable hourly rates, and the name and address of the legal entity that is the employer. Section 226(a)(7) is explicit that the statement carries only the last four digits of the social security number, or an employee identification number instead — which is why the full nine-digit number is the item that does not belong. The other three are required entries, not optional ones.
Labor Code §226(a), §226(a)(7)California prohibits employers from deducting ordinary business losses (breakage, shortages, faulty work) from employee wages. Employers bear the risk of business operations.
Labor Code §221Section 1771 requires the general prevailing rate of per diem wages on all public works, 'except for public works projects of one thousand dollars ($1,000) or less' (b). The exception is written at the line, so a contract of exactly $1,000 falls inside it and a contract of $1,000.01 does not. (a) $500 is not a figure in §1771. (c) $15,000 and (d) $25,000 are real numbers borrowed from a different rule: under §1771.5(a) an awarding body running a labor compliance program approved by the Director of Industrial Relations may choose not to require prevailing wage on alteration, demolition, repair or maintenance of $15,000 or less, or construction of $25,000 or less. The same pair separately governs DIR registration under §1771.1(n).
Labor Code §1771Labor Code §1725.5 requires a contractor to register with the Department of Industrial Relations, and §1771.1(a) makes an unregistered contractor ineligible to bid on or be listed in a bid for public work. The CSLB licence is separate and does not substitute for that registration. EDD handles payroll tax and unemployment accounts, not public-works registration, and no city or county registration takes the place of DIR's. Registration is not required for a public works project of $25,000 or less for construction, alteration, demolition, installation or repair work, or of $15,000 or less for maintenance work (§1771.1(n)).
Labor Code §1725.5; §1771.1(a), (n)Labor Code §6328 requires the Cal/OSHA safety and health poster where employees can see it, and it is one of a set: the minimum wage order, the paid sick leave notice, the workers' compensation carrier notice under §3550, the payday notice under §207 and the emergency contact notice all go up alongside it. Posting the Cal/OSHA poster by itself, or the workers' compensation notice by itself, each leaves the rest of that set unposted. Safety Data Sheets are a different duty: the hazard communication standard requires them to be accessible to employees, not posted on a wall.
Labor Code §6328; §3550; §207Labor Code §204 makes wages due twice during each calendar month on days designated in advance, and it treats a weekly, biweekly or semimonthly payroll as satisfying that rule when wages are paid within seven calendar days of the close of the payroll period - so twice a month, or every two weeks, is the floor for a construction crew. Paying weekly is lawful but more than §204 demands, so it is not the minimum the law sets. Once a month is lawful only for exempt executive, administrative and professional employees. And nothing confines a construction employer to a two-week cycle: a semimonthly payroll complies just as well.
Labor Code §204; §204(d)Wage Order 16 §9(A) makes the employer provide and maintain any uniform it requires, and Labor Code §2802(a) independently requires reimbursement of the cost, so the trigger is simply whether the employer requires the item. (c) is the real distinction stated backwards: the DLSE treats ordinary basic wardrobe of a generic color and design - plain blue jeans, a plain white shirt - as the worker's own expense, but that is because such clothing is not a uniform, not because street-wearability shifts the cost of one. (a) ignores §2802 altogether. (b) reaches the right result here by the wrong route, and would make the employer pay for clothing it never specified. Requiring a deposit or a payroll deduction for a uniform is an unlawful deduction under Labor Code §221.
IWC Wage Order 16-2001, §9(A); Labor Code §2802(a); DLSE Enforcement Policies §45.5Workers' compensation is a no-fault system. The employer's WC insurance pays all reasonable and necessary medical expenses for work-related injuries, regardless of who was at fault.
Labor Code §3600Labor Code §2810.5(a) requires every employer to give each nonexempt employee, at the time of hiring, a written notice - the Wage Theft Prevention Act notice - stating the rate or rates of pay and the basis, any allowances, the regular payday, the employer's name and addresses, and the workers' compensation carrier. What goes on the notice is the carrier's name and contact details, not the policy document itself. An employee handbook is not required by law at all, whatever an employer chooses to publish. And the Cal/OSHA 300 log records injuries for the year: its annual summary is posted from February 1 through April 30, not handed to new hires.
Labor Code §2810.5(a)Labor Code §227.3 treats vested vacation as wages, and Suastez holds it vests as it is earned, so on termination all unused vacation is payable at the employee's final rate. A written policy cannot declare it forfeited — that is the specific outcome §227.3 forbids. Carry-over is a legitimate accrual rule while employment continues, but it cannot survive the separation, which is when payment falls due. Paying at the older rate the time accrued at understates the wage: §227.3 fixes the final rate as the measure.
Labor Code §227.3; Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774The penalty for a knowing and intentional violation of the wage statement requirements is $100 per employee per pay period, with a maximum of $4,000 per employee.
Labor Code §226(e)Status is decided by the ABC test in Labor Code §2775(b)(1) — with the separate construction-subcontractor rules of §2781 — not by what the parties called the arrangement, so a signed independent-contractor agreement settles nothing. A willful misclassification draws a civil penalty of $5,000 to $15,000 per violation under §226.8(b), rising to $10,000 to $25,000 where there is a pattern or practice under §226.8(c), on top of the back wages, unpaid overtime and payroll taxes. There is no free first violation, and under §226.8(d) the order goes to CSLB, which must begin disciplinary action within 30 days. The forum is a state claim or civil action, not federal court.
Labor Code §226.8(b), (c), (d); §2775(b)(1); §2781First 8 hours at $24.00 = $192.00; hours 9-11 (3 hours) at 1.5× = $36.00 × 3 = $108.00. Total = $192.00 + $108.00 = $300.00. Double time would only begin after 12 hours.
Labor Code §510Hours 1-8 at $30.00 = $240.00; hours 9-12 (4 hours) at 1.5× ($45.00) = $180.00; hours 13-14 (2 hours) at 2× ($60.00) = $120.00. Total = $240.00 + $180.00 + $120.00 = $540.00.
Labor Code §510No single day exceeded 8 hours, so no daily overtime applies. However, the week totaled 46 hours, and California requires 1.5× pay for all hours over 40 in a workweek — that is 6 hours of weekly overtime.
Labor Code §510Labor Code §511(a) allows a regularly scheduled alternative workweek of up to ten hours a day within a 40-hour week only where at least two-thirds of the affected employees in a readily identifiable work unit approve it by secret ballot, after the employer has disclosed the proposal in writing and held a meeting at least 14 days before the vote, with the results reported to the DIR. (c) captures the idea of employee consent but makes it individual; the schedule is adopted by a work unit, and one worker cannot opt in or out. (a) is the way these schedules actually get run in the field, and it is unlawful - an unratified 4/10 schedule owes daily overtime after eight hours for every day worked. (d) sends the question to the licensing board, which has no role in wage-hour scheduling.
Labor Code §511(a); 8 CCR §11160, §3(C) (Wage Order 16 alternative workweek)Labor Code §510(a) sets overtime as a multiple of the employee's REGULAR RATE — not less than 1.5× beyond eight hours in a workday, and not less than 2× beyond twelve. The regular rate is not the same as the base hourly wage: nondiscretionary bonuses, shift differentials and similar earnings are folded in, which is why paying 1.5× the bare base rate underpays. The minimum wage is a floor on pay, not the base for a premium the employee has earned at a higher rate. And no provision converts overtime into a flat dollar premium; the multiplier moves with what the employee actually earns.
Labor Code §510(a)A second 30-minute meal period is required when a shift exceeds 10 hours. A 12-hour shift triggers two meal periods — the first by the end of hour 5 and the second by the end of hour 10.
Labor Code §512Labor Code §226.7 requires one additional hour of pay at the employee's regular rate for each workday a compliant meal period was not provided, and a separate hour for a day of rest-period violations. Paying only the thirty minutes the break would have lasted treats the premium as make-up wages; it is a fixed one-hour premium regardless of how much of the break was lost. The $50 figure belongs to the wage-statement penalties in §226.3 and is payable to the state, not to the employee. And the premium is owed whether or not the employee was disciplined or even complained.
Labor Code §226.7; cf. §226.3For a work period of no more than 6 hours, the meal period may be waived by mutual consent of both the employer and the employee. The waiver should be voluntary, not coerced.
Labor Code §512The employer of the exposed employees provides both: 8 CCR §1524 requires an adequate supply of potable water in all places of employment, and 8 CCR §1526 requires toilets at construction jobsites - a minimum of one separate facility for each 20 employees or fraction thereof of each sex, with narrow exemptions for very small crews and for mobile crews with ready transportation. IWC Wage Order 16 §10(C) adds potable water, soap and single-use towels for hand washing. Employees cannot be left to supply their own, the project owner carries no such duty, and the general contractor's control of the site does not relieve each subcontractor of providing for its own crew.
8 CCR §1524; 8 CCR §1526; IWC Wage Order 16 §10(C)Augustus holds that a rest period requires the employer to relieve the employee of all duties and relinquish control over how the ten minutes are spent; §226.7 then prices a failure at one extra hour of pay. Staying reachable by phone and standing by at the work station are both on-duty time, which is why an on-call rest period does not count as one. Clocking out contradicts the rule that the ten minutes are paid as hours worked. Wage Order 16 does let a construction employer designate where the break is taken — even the immediate work area — so the test is freedom from duty, not freedom to leave the site.
Labor Code §226.7; Augustus v. ABM Security Services (2016) 2 Cal.5th 257; IWC Wage Order 16 §11When an employee quits with at least 72 hours of advance notice, final wages are due on the last day of work. The 72-hour grace period only applies when the employee quits without giving such notice.
Labor Code §202The waiting-time penalty under §203 equals the employee's daily wage for each day final pay is late, continuing until paid, but capped at 30 days. Here that maximum would be $200 × 30 = $6,000.
Labor Code §203The §203 waiting-time penalty is the daily wage multiplied by the number of days the payment is late: $160 × 8 = $1,280. The penalty would continue accruing up to a 30-day maximum if the wages remained unpaid.
Labor Code §203A layoff is a separation the employer initiates, so Labor Code §201 treats it as a discharge and all earned unpaid wages, including vested vacation under §227.3, are due at the time of the layoff. The 72-hour rule in §202 belongs to an employee who quits without notice, and an employee who gives at least 72 hours' notice is paid on the last day - both true rules about quitting, neither the rule for a layoff. A leave of absence is not a separation at all, so no final pay is triggered.
Labor Code §201; §202; §227.3Labor Code §226 requires wage statements to show the inclusive dates of the period for which the employee is paid, along with gross/net wages, hours, rates, deductions, employee name with last four SSN digits, and the employer's name and address.
Labor Code §226Labor Code §226(a) requires the employer to keep a copy of each itemized wage statement, or the data needed to reconstruct it, for at least three years at the place of employment or a central location in California - the same three years §1174 sets for payroll records. Six months and one year both fall short of the statute, and ten years borrows the retention habit of tax records, which §226 does not impose.
Labor Code §226(a)Under Labor Code §226, an employer must allow a current or former employee to inspect or receive a copy of their wage statement records within 21 calendar days of a written or oral request.
Labor Code §226Labor Code §222 makes it unlawful to withhold any part of the wage arrived at through collective bargaining, and §223 separately bars secretly paying less than the scale a statute or contract requires, so a signed side deal is void rather than an exception - the parties cannot contract around the agreed rate. The prohibition does not distinguish private work from public work, and probationary status does not suspend the agreed scale.
Labor Code §222; §223Labor Code §221 makes it unlawful for an employer to collect back wages already paid, so a unilateral deduction is unlawful however thinly it is spread — over one paycheck or over two. Section 224 permits a deduction only where state or federal law requires it or where the employee expressly authorizes it in writing, which is why voluntary written authorization, or simply asking for repayment outside payroll, is the lawful route. Reaching into accrued vacation fails for the same reason: vested vacation is wages under §227.3, not a reserve the employer may draw on.
Labor Code §221, §224, §227.3Labor Code §224 allows deductions required by law (such as income tax withholding and payroll taxes) or expressly authorized in writing by the employee for insurance or benefits. Deductions for breakage, defective work, or business losses are unlawful.
Labor Code §224The §2810.5 notice must state the pay rate and basis, overtime rate, allowances, regular payday, and employer contact and workers' comp carrier information. It does not require a projection of total annual earnings.
Labor Code §2810.5