CSLB Employment Requirements Practice Questions

1. An employee works 10 hours on Monday. Under California law, how many overtime hours must be paid?

Labor 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.

2. An employee works 13 hours in one day. Under California law, how is the pay structured?

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.

3. 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.

4. An employee works all 7 days of a workweek. Under California law, overtime on the 7th consecutive day is:

Labor 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.

5. 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.

6. 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.

7. 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.

8. If a contractor discharges (fires) an employee, when must final wages be paid?

Labor 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.