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Employment
85 questions1. An employee works 10 hours on Monday. Under California law, how many overtime hours must be paid?
California requires overtime (1.5×) for hours worked beyond 8 in a single workday. Working 10 hours means 2 overtime hours at 1.5× the regular rate.
Labor Code §5102. An employee works 13 hours in one day. Under California law, how is the pay structured?
California daily overtime: hours 1–8 at regular rate, hours 9–12 at 1.5×, hours 13+ at 2× (double time). So 13 hours = 8 regular + 4 at 1.5× + 1 at 2×.
Labor Code §5103. What is the maximum number of hours an employee can work in a week before weekly overtime applies in California?
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 §5104. An employee works all 7 days of a workweek. Under California law, overtime on the 7th consecutive day is:
On the 7th consecutive day in a workweek, all hours up to 8 are paid at 1.5×, and any hours beyond 8 are paid at double time (2×).
Labor Code §5105. When must a 30-minute meal break be provided to an employee?
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 §5126. How many paid rest breaks is an employee entitled to for an 8-hour shift?
California 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 Orders7. A construction employee quits without giving notice. When must the employer provide the final paycheck?
When 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 §2028. If a contractor discharges (fires) an employee, when must final wages be paid?
When an employer discharges an employee, all earned wages including accrued vacation must be paid immediately at the time of termination.
Labor Code §2019. How long does an employer have to report a new hire to California's Employment Development Department (EDD)?
California 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 §1088.510. What is the "ABC test" used to determine in California?
Under AB 5, California uses the ABC test to determine worker classification. Workers are presumed employees unless the hiring entity proves: (A) free from control, (B) outside usual business, (C) independently established trade.
Labor Code §2750.311. Prevailing wage rates on California public works projects are determined by:
The California Department of Industrial Relations (DIR) establishes and publishes prevailing wage rates by craft and locality. These rates must be paid on qualifying public works projects.
Labor Code §177312. Which of the following is NOT a required item on a California itemized wage statement?
Wage statements must show gross/net wages, hours, pay rates, deductions, and the last 4 digits of the SSN — but NOT the full Social Security Number, to protect employee privacy.
Labor Code §22613. A contractor wants to deduct the cost of a broken tool from an employee's paycheck. This is:
California prohibits employers from deducting ordinary business losses (breakage, shortages, faulty work) from employee wages. Employers bear the risk of business operations.
Labor Code §22114. A contractor employs workers on a public works project with a contract value of $1,000. Prevailing wage requirements apply starting at what threshold?
California prevailing wage requirements apply to public works contracts of $1,000 or more. There is no exemption for small public works contracts.
Labor Code §177115. To bid on a California public works project, a contractor must be registered with:
In addition to holding a CSLB license, contractors must register with the Department of Industrial Relations (DIR) to be eligible to bid on or be awarded public works projects.
Labor Code §1725.516. What notice must a California employer post in the workplace?
California employers must post several mandatory workplace notices including the Cal/OSHA poster, minimum wage notice, Paid Sick Leave notice, and others. Failure to post is a violation.
Labor Code §632817. Under California law, construction industry employers must pay employees at least:
Construction employers are required to pay employees at least every two weeks (biweekly) or twice per month (semimonthly). This is stricter than some other industries.
Labor Code §20418. An employer may require employees to wear a uniform. Who pays for the uniform?
If wearing a uniform is required as a condition of employment and it cannot be used as ordinary street clothing, the employer must provide and maintain the uniform at no cost to the employee.
IWC Wage Order 1619. A contractor's employee is injured on the job. The employee's medical expenses under workers' compensation are paid by:
Workers' 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 §360020. Which document must every California employer provide to new employees at time of hire?
California's Wage Theft Prevention Act requires employers to give all non-exempt employees a written notice at hire specifying pay rate, pay day, employer info, and workers' comp carrier.
Labor Code §2810.521. An employee's accrued, unused vacation at termination must be:
California treats accrued vacation as earned wages. Upon termination (voluntary or involuntary), employers must pay all unused vacation at the employee's final rate of pay.
Labor Code §227.322. What is the penalty for each pay period that an employer willfully fails to provide a proper itemized wage statement?
The 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)23. A contractor hires a worker who is classified as an independent contractor but actually meets the definition of an employee. The main risk to the contractor is:
Misclassifying employees as independent contractors exposes contractors to liability for back wages, unpaid overtime, failure to provide benefits, unpaid payroll taxes, and significant penalties.
Labor Code §226.824. An hourly laborer earning $24.00 per hour works exactly 11 hours on a single workday with no other days worked that week. What is that day's gross pay?
First 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 §51025. A carpenter earns $30.00 per hour and works 14 hours in one workday. What is the gross pay for that day?
Hours 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 §51026. An employee works 8 hours per day Monday through Friday and then 6 hours on Saturday, for a total of 46 hours in the workweek. How many hours must be paid at the overtime rate?
No 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 §51027. A construction crew wants to work four 10-hour days each week without daily overtime kicking in at hour 9. What must be in place for this to be lawful?
Labor Code §511 allows an alternative workweek (such as four 10-hour days) only if it is adopted through a written proposal and approved by at least two-thirds of affected employees in a secret-ballot election, with results reported to the state.
Labor Code §51128. Under California law, how is daily overtime determined relative to the regular rate of pay?
California overtime is a multiplier applied to the employee's regular rate of pay — 1.5× for daily overtime and 2× for double time. The regular rate must include nondiscretionary bonuses and similar earnings, not just the base hourly wage.
Labor Code §51029. An employee is scheduled for a 12-hour shift on a construction site. How many 30-minute meal periods must the employer provide?
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 §51230. An employer fails to provide a legally required meal period to an employee on a given day. What does California law require the employer to pay?
Under Labor Code §226.7, if an employer fails to provide a compliant meal or rest period, it must pay the employee one additional hour of pay at the regular rate for each workday a meal violation occurs (and one more for a rest violation).
Labor Code §226.731. A construction worker is scheduled to work a 6-hour shift. Under what condition may the meal period be waived?
For 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 §51232. On a construction job site, who is generally responsible for providing potable drinking water and toilet facilities for employees?
IWC Wage Order 16 governs on-site occupations in construction and requires employers to provide adequate potable drinking water and suitable toilet facilities for employees at the work site.
IWC Wage Order 1633. During a paid 10-minute rest break, an employee must be:
A rest period must be a genuine break: the employee must be relieved of all duty and free from employer control during the 10 minutes, yet it remains paid time. Requiring the worker to stay on call or at their station defeats the purpose.
Labor Code §226.734. An employee gives the contractor 72 hours of advance notice that they will quit. On the employee's last scheduled workday, when are final wages due?
When 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 §20235. A contractor willfully fails to pay a discharged employee's final wages on time. The employee earned $200 per day. The waiting-time penalty under Labor Code §203 continues until paid, up to a maximum of:
The 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 §20336. An employee earning $160 per day is discharged, and the contractor pays the final wages 8 days late without any good-faith dispute. What is the waiting-time penalty?
The §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 §20337. A contractor lays off a worker at the end of a project. With respect to final pay, a layoff is treated the same as:
A layoff is an employer-initiated separation, so it is treated as a discharge under Labor Code §201. All earned and unpaid wages, including accrued vacation, are due immediately at the time of the layoff.
Labor Code §20138. Which of the following must appear on an employee's itemized wage statement in California?
Labor 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 §22639. How long must a California employer retain copies of employee itemized wage statements (or the data needed to reproduce them)?
Labor Code §226 requires employers to keep a copy of each wage statement, or the records necessary to reconstruct it, for at least three years at the place of employment or a central location.
Labor Code §22640. A current or former employee submits a written request to inspect or copy their payroll records. Within how many days must the employer comply?
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 §22641. A contractor and a worker agree in writing to pay below the rate set in an applicable collective bargaining agreement. Under California law, this withholding of the agreed wage is:
Labor Code §222 makes it unlawful to willfully withhold any part of wages agreed upon in a collective bargaining agreement. A private side-agreement to underpay does not override the protections of the law.
Labor Code §22242. A bookkeeper discovers the company overpaid an employee $300 in a prior paycheck due to a clerical error. What is the lawful way to recover the money in California?
Labor Code §221 prohibits employers from making unilateral wage deductions, even to recover an overpayment. The employer must obtain the employee's voluntary, informed written consent or pursue repayment through other lawful means.
Labor Code §22143. Which of the following payroll deductions is generally permitted under California law without a separate written authorization?
Labor 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 §22444. The Wage Theft Prevention Act notice given to a new non-exempt employee must include all of the following EXCEPT:
The §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 §2810.545. If the information on a Wage Theft Prevention Act notice changes (for example, the pay rate increases), how must the employer notify the employee?
Labor Code §2810.5 requires the employer to notify the employee in writing of any changes to the notice information within seven calendar days, unless the change is shown on a timely itemized wage statement or another required writing.
Labor Code §2810.546. Under the ABC test, prong "B" requires that, to classify a worker as an independent contractor, the worker must:
Prong B of the ABC test requires that the worker performs work outside the usual course of the hiring entity's business. A framer hired by a framing contractor would fail prong B, because framing is the company's core business.
Labor Code §2750.347. Under Labor Code §226.8, willful misclassification of an employee as an independent contractor can result in a civil penalty of:
Labor Code §226.8 authorizes civil penalties of $5,000 to $15,000 for each willful misclassification violation, increasing to $10,000 to $25,000 per violation when the employer engages in a pattern or practice of misclassification.
Labor Code §226.848. A contractor hires a new laborer who starts work on June 1. Under California's new-hire reporting law, the report to the EDD is due no later than:
Under Unemployment Insurance Code §1088.5, employers must report new hires to the EDD within 20 days of the employee's first day of work. A June 1 start date makes the report due by June 21.
Unemployment Insurance Code §1088.549. What is the primary purpose of the federal Form I-9 that an employer completes for each new hire?
Form I-9, required by the federal Immigration Reform and Control Act, is used to verify both the identity and the employment authorization of every person hired to work in the United States. It is separate from tax forms like the W-4.
Federal I-9 / IRCA50. The California Fair Employment and Housing Act (FEHA) prohibits employment discrimination by employers who have at least how many employees?
FEHA's prohibition on discrimination and harassment generally applies to employers with five or more employees. (Harassment provisions can apply even more broadly, but the 5-employee threshold is the standard FEHA coverage rule for discrimination.)
Gov. Code §12900 et seq. (FEHA)51. During hiring, which interview question is most likely to violate California anti-discrimination law?
Asking about family or childbearing plans tends to elicit information about sex and pregnancy — protected characteristics under FEHA — and is improper. Job-related questions about ability to perform the work, required licenses, and work authorization are permissible.
Gov. Code §12940 (FEHA)52. Under California's Healthy Workplaces, Healthy Families Act, an employee who works at least 30 days in a year for the same employer is generally entitled to:
California's paid sick leave law covers employees who work at least 30 days within a year for the same employer. Sick leave begins to accrue on the first day of employment, though an employer may impose a 90-day waiting period before use.
Labor Code §245.5 (Paid Sick Leave)53. If a city's local minimum wage ordinance sets a higher rate than the California state minimum wage, which rate must the employer pay?
When multiple minimum wage laws apply, the employer must pay the highest applicable rate. A local ordinance with a higher minimum wage governs over the lower state or federal minimum.
Labor Code §1182.12 (Minimum Wage)54. An employer pays a non-exempt employee less than the legal minimum wage. The employee may recover the unpaid balance, and California law also allows recovery of:
Labor Code §1194 allows an employee paid less than minimum wage or overtime to recover the unpaid balance plus interest, reasonable attorney's fees, and costs of the lawsuit, regardless of any agreement to work for less.
Labor Code §119455. California law requires employers to keep accurate records of the hours worked daily by each employee. The primary purpose of these time records is to:
Labor Code §1174 requires employers to maintain accurate records of hours worked and wages paid. Accurate timekeeping is essential to prove correct payment of regular wages, overtime, and meal/rest compliance.
Labor Code §117456. For how long must a California employer generally keep employee time and payroll records under Labor Code §1174?
Labor Code §1174 requires employers to keep payroll records showing hours worked and wages paid for at least three years. This aligns with the general statute of limitations for many wage claims.
Labor Code §117457. A construction contractor pays its field employees on a biweekly basis. Under Labor Code §204, wages for work performed must be paid:
Labor Code §204 requires wages to be paid at least twice per calendar month on regular, pre-designated paydays. Construction employers commonly satisfy this with biweekly or semimonthly pay periods.
Labor Code §20458. An employee earning $20.00 per hour misses both a required meal period and a required rest period on the same workday. What total premium pay is owed for that day?
Premium pay is one additional hour of pay at the regular rate per category of violation per day — one hour for meal-period violations and a separate hour for rest-period violations. Here that is $20.00 + $20.00 = $40.00.
Labor Code §226.7 / §51259. A licensed contractor has three W-2 employees. With respect to workers' compensation insurance, the contractor must:
Labor Code §3700 requires every California employer with one or more employees to secure workers' compensation coverage. A contractor with employees must maintain a valid policy and file proof with the CSLB.
Labor Code §370060. An effective new-employee safety orientation for a construction crew should primarily focus on:
Under Labor Code §6401 and Cal/OSHA's Injury and Illness Prevention Program requirements, employers must train workers on the hazards they will face. New-hire safety training centers on hazard recognition, safe procedures, and PPE use.
Labor Code §640161. A contractor must post a notice informing employees about workers' compensation coverage. Where should this notice be displayed?
Labor Code §3550 requires employers to post a notice about workers' compensation in a conspicuous place frequented by employees, informing them of their rights and how to obtain treatment for a work injury.
Labor Code §355062. An employee paid $25.00 per hour works the following hours in one workweek: Mon 9, Tue 9, Wed 9, Thu 9, Fri 9 (no day over 12 hours). How many hours of premium overtime (1.5×) does the week generate?
Each day has 1 daily overtime hour (hour 9), totaling 5 overtime hours. The week totals 45 hours, which is 5 hours over 40 — but those same 5 hours are already paid as daily overtime, so they are not counted twice. The result is 5 overtime hours at 1.5×.
Labor Code §51063. An employer willfully fails to keep the accurate employee time and payroll records required by law. Labor Code §1174.5 authorizes a civil penalty of:
Labor Code §1174.5 provides for a civil penalty of $500 against an employer who willfully fails to maintain the accurate and complete records required by §1174.
Labor Code §1174.564. An employer knowingly issues defective wage statements to one employee for 6 consecutive pay periods (the first violation counts as $50, each later one $100). What is the total §226 penalty for that employee?
Labor Code §226(e) sets the penalty at $50 for the initial pay-period violation and $100 for each subsequent violation. Here: $50 + ($100 × 5) = $550, well under the $4,000 per-employee cap.
Labor Code §226(e)65. A California contractor employs 7 workers. Under state law, the contractor must provide sexual harassment prevention training to:
Government Code §12950.1 requires employers with five or more employees to provide sexual harassment prevention training to all employees — at least two hours for supervisors and one hour for nonsupervisory employees — within set timeframes and every two years.
Gov. Code §12950.166. A current employee submits a written request to inspect their own personnel file. Under California law, the employer must generally make the records available within:
Labor Code §1198.5 gives current and former employees the right to inspect and receive a copy of their personnel records, and the employer must make them available within 30 calendar days of the request (extendable by agreement).
Labor Code §1198.567. An employer pays an employee below the legal minimum wage. Labor Code §1197.1 authorizes a civil penalty for an initial intentional or negligent violation of:
Labor Code §1197.1 provides a civil penalty of $100 for each underpaid employee for each pay period of an initial minimum-wage violation, rising to $250 per employee per pay period for subsequent violations, plus restitution of underpaid wages.
Labor Code §1197.168. When a contractor obtains workers from a temporary services (staffing) agency, who is generally responsible for paying those workers' wages?
Under Labor Code §201.3, employees of a temporary services employer must generally be paid weekly by the staffing agency that is their employer of record, regardless of when the client business pays the agency.
Labor Code §201.369. An employee has a regular rate of $22.00 per hour and works 4 hours of double-time (2×) on the 7th consecutive workday. How much is owed for those 4 double-time hours?
Double time is 2× the regular rate: $22.00 × 2 = $44.00 per hour. For 4 hours: $44.00 × 4 = $176.00.
Labor Code §51070. When evaluating and supervising a crew, a contractor learns an employee will perform work that may disturb lead-based paint on a pre-1978 home. The contractor should ensure the worker is:
California requires lead-safe work practices and appropriate training or certification for workers who disturb lead-based paint. A contractor supervising such work must ensure employees are properly trained, both for legal compliance and worker safety.
Labor Code §1429.5 / Bus. & Prof. Code §7110.171. A contractor wants to document an employee's job performance over time. The best record-keeping practice is to:
Sound employment practice and California law favor accurate, contemporaneous, and objective documentation of performance. Consistent written evaluations support fair decisions and provide evidence if a dispute later arises.
Best practices / Labor Code §1198.572. A construction employee is provided a rest period but is interrupted and called back to work after 4 minutes of a required 10-minute break. The employer has:
A rest period must be a full, uninterrupted 10 minutes during which the employee is relieved of duty. Cutting the break short or calling the worker back means the rest period was not provided, triggering one hour of §226.7 premium pay.
Labor Code §226.773. A discharged employee earned 16 hours of accrued, unused vacation and was owed final hourly wages. At the moment of discharge, the contractor must pay:
On discharge, Labor Code §201 requires immediate payment of all earned and unpaid wages. Because accrued vacation is treated as wages, both the final hourly pay and the vacation value are due at the time of termination.
Labor Code §20174. Under California's paid sick leave law, an employer that uses the accrual method must provide employees at least:
Labor Code §246 sets the standard accrual rate at a minimum of one hour of paid sick leave for every 30 hours worked. Employers may instead use an up-front grant method that provides the full annual amount at the start of the year.
Labor Code §24675. An employee reports to a state agency that the contractor is not paying legally required overtime. The contractor then fires the employee for making the report. This is:
Labor Code §1102.5 prohibits retaliation against an employee for disclosing a suspected violation of law to a government agency. Firing a worker for reporting wage-and-hour violations is unlawful whistleblower retaliation.
Labor Code §1102.576. A contractor wants to hire a 16-year-old during the school year to do light work after school. Before the minor may begin, the contractor generally must obtain:
California child labor law requires most minors to have a Permit to Employ and Work, issued through the school, before starting a job. Additional restrictions limit minors' hours and prohibit them from hazardous construction tasks.
Labor Code §1391 / §129477. Which combination of items must a compliant California itemized wage statement include?
Labor Code §226 requires a wage statement to show gross wages, total hours worked (for non-exempt employees), all applicable hourly rates and corresponding hours, all deductions, net wages, the pay-period dates, the employee's name and last four SSN digits, and the employer's legal name and address.
Labor Code §22678. Under the California Labor Code, the term "wages" includes:
Labor Code §200 broadly defines "wages" as all amounts for labor performed by employees, whether the amount is fixed or based on time, task, piece, commission, or other method of calculation. This broad definition affects overtime, final pay, and deduction rules.
Labor Code §20079. A construction laborer earns a regular rate of $28.00 per hour and works exactly 10 hours in one workday. What is the total gross pay for that day?
Hours 1-8 at $28.00 = $224.00; hours 9-10 (2 hours) at 1.5× ($42.00) = $84.00. Total = $224.00 + $84.00 = $308.00.
Labor Code §51080. The waiting-time penalty for late final wages does NOT apply when:
The §203 waiting-time penalty applies to a willful failure to pay. A good-faith dispute that, if successful, would preclude any recovery means the failure is not willful, so the penalty does not apply. Mere forgetfulness or being busy does not excuse late payment.
Labor Code §20381. An employee with a qualifying disability requests a reasonable accommodation to continue performing their job. Under FEHA, the employer must:
FEHA requires employers to engage in a timely, good-faith interactive process with a disabled employee to identify a reasonable accommodation, and to provide one unless it would cause undue hardship.
Gov. Code §12940 (FEHA)82. A contractor employs workers on a qualifying public works project. Failure to pay the required prevailing wage can result in:
On public works subject to prevailing wage, paying less than the required rate exposes the contractor to back-wage liability, statutory penalties assessed by the Labor Commissioner, and potential debarment from bidding on public works.
Labor Code §1720 / §177183. On a public works project subject to prevailing wage, a contractor employing journeyman workers in an apprenticeable trade generally must also:
California public works law generally requires contractors using workers in an apprenticeable craft to request and employ registered apprentices in the required ratio and to make apprenticeship training fund contributions.
Labor Code §1812.5 (apprenticeship)84. A foreman tells a crew they cannot stop for their meal period because the concrete pour cannot wait. If employees miss the meal period as a result, the employer is most likely:
Production demands do not excuse meal-period violations. If the employer's scheduling or instructions prevent a compliant 30-minute meal period, the employer owes one hour of premium pay per affected employee per day under §226.7.
Labor Code §226.7 / §51285. An employee is required to use their personal cell phone for work calls and to drive their own vehicle between job sites. Under Labor Code §2802, the contractor must:
Labor Code §2802 requires employers to indemnify employees for all necessary expenditures incurred in the direct discharge of their duties, such as a reasonable portion of personal cell phone costs and mileage for required work travel.
Labor Code §2802