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326 道题
295. Under the accrual method for paid sick leave, unused sick leave generally must:
a.Be forfeited entirely at each year-end
b.Be cashed out on every regular payday
c.Convert to stock or another benefit
d.Carry over, subject to an accrual cap✓

Under the accrual method, Labor Code §246(d) carries accrued unused paid sick leave over into the following year, and §246(j) lets the employer cap total accrual at 80 hours or ten days and cap annual use at 40 hours or five days - the figures SB 616 raised in 2024. (a) is the forfeiture rule the section forbids, and it is the practice most employers had before 2015; note the contrast with the front-loading alternative in §246(e), where granting the full annual amount up front means no carryover is required, which is why some employers believe forfeiture is lawful. (b) would convert sick leave into wages, and unlike vested vacation under §227.3, unused sick leave is not paid out at all. (c) is invented.

Labor Code §246(d), (e), (j) (as amended by SB 616)
296. California's 'kin care' rule requires that, if an employer provides paid sick leave, an employee may use a portion of it to care for:
a.A child, parent, spouse, or domestic partner✓
b.Any friend or neighbor the worker chooses
c.A coworker who falls ill on the same crew
d.Only the employee, and never a relative

Labor Code §233 - the kin care rule - requires that where an employer provides paid sick leave, the employee may use it on the same terms to attend to the illness of a family member as defined in §246.5(a): child of any age, parent, parent-in-law, spouse, registered domestic partner, grandparent, grandchild or sibling. (d) is the under-reading, treating sick leave as strictly personal. (b) is the over-reading, and it is nearly right for a different reason: since 2023 §246.5(a)(4) adds a 'designated person' the employee may name, one per twelve-month period, which can be a friend - but it is a single designation, not anyone the worker chooses on the day. (c) mistakes a workplace relationship for a family one.

Labor Code §§233(a), 246.5(a)
297. An employee who is a victim of domestic violence needs time off to seek a restraining order and medical care. Under California law, an employer with 25 or more employees must:
a.Fire the employee to avoid its own liability
b.Allow protected time off, without reprisal✓
c.Require the use of unpaid vacation time only
d.Deny the leave as unrelated to the work

Labor Code §230(c) protects any employee who is a victim of domestic violence, sexual assault or stalking who takes time off to obtain a restraining order or other judicial relief, and §230.1(a) extends that at employers with 25 or more employees to time off for medical attention, victim services, counseling, and safety planning - with no retaliation permitted. (c) is the closest wrong answer: the employee MAY choose to use accrued vacation, sick leave or paid time off for the absence, but the employer cannot make that the only route or require it. (d) denies a leave the statute grants. (a) is retaliation of the most direct kind. §230(f) adds a duty to provide reasonable safety accommodations at work.

Labor Code §§230(c), 230.1(a), 230(f) (reasonable accommodation)
298. For pregnancy, why can a California employee sometimes receive more total protected leave than the 12 weeks that CFRA alone provides?
a.CFRA leave doubles automatically for pregnancy
b.Federal law forbids any cap on leave length
c.No additional protected leave is available
d.PDL runs separately from CFRA bonding leave✓

Pregnancy Disability Leave under Government Code §12945(a)(1) covers the period of actual pregnancy-related disability, up to four months, and CFRA bonding leave under §12945.2 is a separate entitlement of up to 12 weeks that does not run concurrently with PDL - so an employee can take PDL for the disability and then CFRA afterwards. (c) is the intuition that 12 weeks is the ceiling, which is true under FMLA, where pregnancy disability and bonding both draw on the same 12 weeks; the divergence between the federal and California schemes is the whole point. (a) invents a doubling rule that produces roughly the right answer for the wrong reason. (b) inverts federal law, which sets a floor with a cap of its own.

Government Code §§12945(a)(1), 12945.2; 2 CCR §11047
299. Which federal document must every U.S. employer complete to verify a new employee's identity and authorization to work?
a.The CSLB contractor license application
b.Form I-9, the eligibility verification form✓
c.IRS Form 1099-NEC for the payments made
d.EDD Form DE 34, the new-hire report

8 U.S.C. §1324a(b) requires every U.S. employer, of any size, to complete Form I-9 for each new hire - the employee attests to authorization in Section 1 by the first day of work, and the employer examines acceptable documents and completes Section 2 by the third business day after work for pay begins. (d) is completed for the same new hire in the same week but reports the hire to the state for child-support enforcement, not work authorization. (c) is not a hiring document at all; a 1099-NEC goes to someone who is not an employee, and issuing one is no substitute for the I-9 where the worker is in fact an employee. (a) is the contractor's own license, unconnected to any employee.

8 U.S.C. §1324a(b); 8 C.F.R. §274a.2; Form I-9
300. Under California's new-hire reporting law, an employer must report each newly hired employee to the EDD within how many days of the start-of-work date?
a.Within 20 days✓
b.Reporting is not required
c.Within 6 months
d.Within 90 days

California employers must report new hires (and rehires) to the EDD's New Employee Registry within 20 days of the start-of-work date, using Form DE 34. This reporting supports enforcement of child-support obligations and helps prevent benefit fraud.

Unemployment Insurance Code §1088; EDD DE 34
301. Under Labor Code §1174, employers must keep employee payroll and personnel records for at least:
a.One week
b.Six months
c.30 days
d.Three years✓

Labor Code §1174 requires employers to maintain payroll records (including hours worked and wages paid) for at least three years, and to keep them available for inspection. Good recordkeeping protects the employer in wage disputes, audits, and workers' compensation matters.

Labor Code §1174 (recordkeeping)
302. Who pays for California's unemployment insurance (UI) program that funds benefits for laid-off workers?
a.Employees, through a paycheck deduction
b.The injured worker, out of pocket
c.The federal government, exclusively
d.Employers, through UI payroll taxes✓

California's unemployment insurance benefits are paid from employer contributions under Unemp. Ins. Code §976, and the employer may not recover them from the worker by deduction. (a) is the natural guess because the SDI line on the same pay stub IS withheld from the employee - UI and SDI sit side by side and are funded from opposite directions, which is the distinction worth holding. (c) confuses the state program with the federal FUTA tax, which funds administration and the federal loan account rather than the weekly benefit. (b) describes no program at all; the injured worker is a workers' compensation concept, not a UI one. The employer's rate is experience-rated under §977, so layoffs feed back into cost.

Unemp. Ins. Code §§976, 986
303. A former employee applies for unemployment benefits after being laid off due to lack of work. Regarding the claim, the employer generally:
a.Must pay the weekly benefit checks itself
b.Has no involvement in the UI process at all
c.May respond; a no-fault layoff qualifies✓
d.Can bar the worker from ever collecting

Unemp. Ins. Code §1327 requires the EDD to notify the last employer of the claim, and §1328 gives the employer an opportunity to submit facts about the separation; the department, not the employer, then decides eligibility, and under §1256 a worker laid off for lack of work is not disqualified. (d) overstates the response into a veto, which is what many employers believe they are exercising when they protest a claim. (a) confuses contributions with direct payment; benefits come from the employer's reserve account, paid out by EDD. (b) understates it - failing to respond forfeits the chance to contest a claim that will affect the employer's experience rating.

Unemp. Ins. Code §§1256, 1327, 1328
304. An employee is fired for repeated, documented misconduct such as theft. When that worker files for unemployment, the likely result is:
a.Full benefits, whatever the reason given
b.Benefits may be denied for misconduct✓
c.The employer must pay double the benefit
d.The claim is referred for prosecution

Unemp. Ins. Code §1256 disqualifies a claimant discharged for misconduct connected with the work, and Amador narrows that to a willful or wanton disregard of the employer's interests - not mere poor performance, inefficiency or good-faith errors of judgment, which is why documentation of repeated, deliberate conduct matters so much. (a) is the belief that UI is automatic on separation. (d) confuses a benefit disqualification with a criminal referral; theft may well be prosecuted, but that is a separate proceeding and the UI question is only eligibility. (c) invents a penalty against the employer. An employer that cannot document the misconduct usually loses the §1256 issue and takes the charge against its reserve account.

Unemp. Ins. Code §1256; Amador v. Unemployment Ins. Appeals Bd. (1984) 35 Cal.3d 671
305. Under Labor Code §1198.5, a current or former employee generally has the right to:
a.Inspect and copy their own personnel file✓
b.Access other employees' confidential files
c.Demand a pay raise on written request
d.Rewrite their own performance reviews

Labor Code §1198.5(a) gives a current or former employee the right to inspect and receive a copy of the personnel records relating to performance or to any grievance, and §1198.5(b) gives the employer 30 calendar days from a written request, with a $750 penalty for failure. (d) is the limit of the right and the one people assume too far: the employee may inspect and copy, and may add a written rebuttal to the file, but may not alter what a supervisor wrote. (b) extends the right to other people's files, which privacy law forbids. (c) is unrelated. Note the companion rights: §226(b) covers payroll records in 21 days, and §432 covers any document the employee signed.

Labor Code §§1198.5(a), (b), 226(b), 432
306. With each paycheck, Labor Code §226 requires the employer to furnish an itemized wage statement showing information such as:
a.Only the net figure, with no breakdown at all
b.Gross wages, hours, deductions, net pay✓
c.The employee's medical and benefits history
d.The names of the company's current clients

Labor Code §226(a) lists nine required items: gross wages earned, total hours worked for non-exempt employees, piece-rate units and rates where applicable, all deductions, net wages, the inclusive dates of the pay period, the employee's name with the last four digits of an identifying number, the employer's legal name and address, and all hourly rates with hours at each. (a) is the lump-sum stub, which is the most common real-world violation. (c) would breach the employee's own medical privacy rather than serve §226. (d) belongs to the job file. The employer must keep a copy for at least three years and produce it on request under §226(b).

Labor Code §226(a)(1)-(9)
307. Under Labor Code §2810.5, at the time of hiring a nonexempt employee, the employer must provide a written notice stating:
a.The employee's performance goals for the year
b.A list of the company's principal competitors
c.Pay rate, payday, employer and comp carrier✓
d.The employer's cell phone and email passwords

Labor Code §2810.5(a)(1) requires that a non-exempt employee receive at hire a written notice of the rate or rates of pay and the basis, any allowances claimed for meals or lodging, the regular payday, the employer's legal name and any 'doing business as' names, the physical and mailing address of the main office, the telephone number, and the workers' compensation carrier's name, address and phone. (a) is the closest wrong answer, because a performance discussion genuinely does happen at hire - it is simply not what §2810.5 requires, and the section is about pay terms the worker can later hold the employer to. (b) and (d) are not disclosures any statute requires. A change to any listed item requires written notice within seven days.

Labor Code §2810.5(a)(1); DLSE Notice to Employee
308. Which forms does a new employee typically complete so the employer can withhold the correct income taxes?
a.Only a contractor's license application
b.Federal Form W-4 and California Form DE 4✓
c.A workers' compensation claim form
d.A Cal/OSHA citation

New employees complete Form W-4 (federal) and Form DE 4 (California) so the employer can withhold the correct amount of income tax. Along with Form I-9 and new-hire reporting, these are standard parts of properly onboarding an employee, as distinct from an independent contractor.

Federal Form W-4; DE 4
309. Under Labor Code §432.7, an employer generally may NOT ask an applicant about:
a.Their availability to work weekends
b.An arrest that did not lead to a conviction✓
c.Their professional references
d.Their prior job titles

Labor Code §432.7 prohibits employers from asking about or using an arrest that did not result in a conviction as a factor in hiring or other employment decisions. Combined with the Fair Chance Act's limits on conviction inquiries, California tightly restricts criminal-history questions.

Labor Code §432.7 (arrest records)
310. Under California's salary-history ban (Labor Code §432.3), an employer generally may NOT:
a.Verify the applicant's stated references
b.Ask about the applicant's skills and tools
c.Ask an applicant about prior salary✓
d.Give a pay scale on reasonable request

Labor Code §432.3(a) forbids relying on salary history as a factor in deciding whether to offer employment or what to pay, and §432.3(b) forbids seeking that history orally, in writing, personally or through an agent. (d) is the inverse of a prohibition and is in fact a duty: §432.3(c) requires the employer to supply the pay scale for the position on reasonable request by an applicant, so an employer refusing that is also violating the section. (a) and (b) are ordinary lawful inquiries. Note the carve-out in §432.3(g)-(h): an applicant may volunteer salary history without prompting, and the employer may then consider it - but it cannot be solicited.

Labor Code §432.3(a), (b), (c)
311. A former employee requests copies of their wage statements. The employer:
a.Charge $1,000 for the copies requested
b.Require a non-disclosure agreement first
c.Ignore the request; it came after leaving
d.Provide the records within 21 days✓

Labor Code §226(b) entitles a current or former employee to inspect or copy payroll records relating to their own hours and pay, and §226(c) gives the employer 21 calendar days, with a $750 penalty under §226(f) for failure. (c) is the most tempting refusal, and it is wrong on the face of the statute: the right belongs to former employees as well, which is exactly when most requests arrive. (a) misuses the cost provision - the employer may charge the actual cost of reproduction, which is cents per page, not a deterrent fee. (b) conditions a statutory right on a waiver, which Labor Code §219 does not permit. Personnel records under §1198.5 run on a separate 30-day clock.

Labor Code §§226(b), (c), (f); 1198.5
312. An employee who believes an employer violated wage or employment obligations may file a claim with which state office?
a.The Labor Commissioner's Office (DLSE)✓
b.The Contractors State License Board
c.The Department of Homeland Security
d.The county tax assessor's office

The Labor Commissioner's Office, the Division of Labor Standards Enforcement, hears wage claims under Labor Code §98 and retaliation complaints under §98.7, free and without a lawyer. (b) is the one a contractor's employee might reasonably try, and it is the wrong door for the money: CSLB can discipline the license under B&P §7110 for labor law violations but cannot award the worker unpaid wages. (c) has no employment-claim jurisdiction, and pointing a worker there is itself the kind of conduct Labor Code §1019 punishes. (d) is unrelated. Cal/OSHA takes safety complaints, and the Civil Rights Department takes FEHA complaints - three state doors, each for a different wrong.

Labor Code §§98, 98.7; Division of Labor Standards Enforcement
313. Which of the following is a general employer obligation once a person is hired as an employee (rather than an independent contractor)?
a.Withholding income and payroll taxes
b.Carrying workers' compensation coverage
c.All of the above✓
d.Providing itemized wage statements

Hiring an employee triggers a bundle of employer obligations: withholding and remitting payroll taxes, carrying workers' compensation, providing itemized wage statements, complying with wage-and-hour rules, and observing anti-discrimination laws. These obligations are a key reason proper classification matters.

Labor Code §226.7; employer obligation
314. Under Labor Code §1024.5, an employer's use of an applicant's consumer credit report for hiring is:
a.Prohibited in every hiring situation
b.Completely unrestricted for employers
c.Limited to specified positions only✓
d.Required for all construction jobs

Labor Code §1024.5(a) permits a consumer credit report to be used for employment purposes only for enumerated positions - a managerial position exempt under Wage Order 4, a sworn peace officer, a job where the law requires the report, one with regular access to specified personal information, a named signatory on the employer's bank or credit accounts, a position involving trade secrets, or regular access to $10,000 or more of cash. (b) is the pre-2012 position. (a) overstates the ban, which is what makes it the plausible wrong answer: credit checks are restricted, not abolished. (d) inverts it. Civil Code §1785.20.5 adds the notice the employer must give of the specific §1024.5 basis it is relying on.

Labor Code §1024.5(a); Civil Code §1785.20.5
315. At year-end, an employer reports an employee's wages on which form, as opposed to the form used for an independent contractor?
a.Form DE 34 for both employees and subs
b.Form W-2 for both employees and subs
c.W-2 for employees, 1099-NEC for subs✓
d.Form I-9 for both employees and subs

Wages, withholding and payroll taxes for an employee go on Form W-2; payments for services to a non-employee go on Form 1099-NEC, and for tax year 2026 the reporting threshold is $2,000 paid to the payee - the old $600 figure is out of date. (b) is the error in the safe direction and is rarely the one a contractor makes. The dangerous version is the reverse: issuing a 1099-NEC to someone who is an employee under Labor Code §2775, which is documentary evidence of the misclassification rather than a defense to it. (a) is the state new-hire report, filed at hire rather than at year-end. (d) is the work-authorization form, which is retained by the employer and filed with no one.

26 U.S.C. §6051 (Form W-2); §6041A and 2026 instructions (Form 1099-NEC)
316. If an employer fails to post the required workers' compensation notice and an employee is later injured, the missing posting can:
a.Be evidence and may extend the deadline✓
b.Have no effect on the claim at all
c.Cancel the employee's own coverage
d.Double the employer's UI tax rate

Labor Code §3550(a) makes failure to post the workers' compensation notice a misdemeanor, and §3550(e) provides that the failure is admissible as evidence in a proceeding against the employer - in practice it undercuts any argument that the worker knew of and slept on the claim, so the limitation defense weakens. (b) is the belief that a posting is a formality with no downstream effect, and it is the reason the notice goes missing from trailers. (c) inverts the injury: the worker's coverage is unaffected, since it comes from the policy, not the poster - the only party harmed is the employer. (d) borrows the UI experience-rating mechanism, which responds to unemployment claims, not to posting failures.

Labor Code §3550(e); §3550(a)
317. A contractor grows from three employees to six. Regarding the sexual-harassment prevention training requirement, the contractor:
a.Trains only the owner of the business
b.Must now train supervisors and staff✓
c.Never has to train anyone at all
d.Is exempt because construction is exempt

Government Code §12950.1 applies at five or more employees, counting part-time and temporary workers, so a contractor going from three to six crosses the line and owes two hours of training to each supervisor and one hour to everyone else, repeated every two years. (d) is the answer a contractor most wants to be true, and there is no construction exemption anywhere in the section - the only industry-specific rule is §12950.2 for the construction industry, which ADDS requirements for employers of workers on a multiemployer agreement rather than removing any. (a) trains the wrong person; the owner-supervisor is covered, but so is every laborer. (c) denies the duty. Seasonal hires are trained within 30 days or 100 hours worked.

Government Code §12950.1(a), (b), (i)
318. Under FEHA, an employer may NOT retaliate against an employee simply for:
a.Refusing to do any of the assigned work
b.Damaging the company's tools on the job
c.Requesting a reasonable accommodation✓
d.Repeatedly arriving late without excuse

Government Code §12940(m)(2) makes it an independent unlawful practice to retaliate or otherwise discriminate against a person for requesting an accommodation for a disability or religious creed, whether or not the request was granted - so the employer that denies the request lawfully and then cools toward the employee has still violated the section. (a) is the near miss: refusing an assignment the employee cannot safely perform because of a disability is bound up with the accommodation request and may well be protected, while a flat refusal to work is not. (b) and (d) are ordinary misconduct and lateness, which remain lawful grounds. §12940(h) separately protects opposing discrimination or filing a complaint.

Government Code §12940(m)(2), (h)
319. An employer cuts a worker's hours right after the worker reports an unsafe scaffold to Cal/OSHA. The reduction is most likely:
a.A lawful business decision immune from challenge
b.Unlawful retaliation for engaging in protected activity✓
c.Permitted because hours are always at the employer's discretion
d.Only a workers' compensation matter

Reducing hours, demoting, or otherwise punishing an employee because they reported a safety violation is unlawful retaliation under Labor Code §1102.5, §98.6, and §6310. Protected activity includes complaints to Cal/OSHA about unsafe conditions; adverse action closely following such a report is strong evidence of retaliation.

Labor Code §1102.5; §98.6 retaliation
320. Under Labor Code §6310, an employee who complains to the employer about a genuine job-safety hazard is protected from:
a.Being assigned that same task ever again
b.Working with that supervisor ever again
c.Discharge or discrimination for it✓
d.Any change at all in his job duties

Labor Code §6310(a) bars discharge or discrimination against an employee for making a bona fide oral or written complaint of unsafe or unhealthful conditions, to the employer, to a union, or to Cal/OSHA, and §6310(b) provides reinstatement and lost wages. What it protects is the complaint, not the assignment. (a) and (d) read the protection as a shield against reassignment generally - an employer may still direct the work, and only an adverse action BECAUSE of the complaint is unlawful. (b) is the same error about supervisors. The one thing close to (a) is Labor Code §6311, which lets an employee refuse to perform work that would violate a safety standard and create a real and apparent hazard.

Labor Code §6310(a), (b); §6311
321. When an employee's pay includes commissions, Labor Code §2751 requires the employer to:
a.Stop paying commissions to employees entirely
b.Report all commissions to the CSLB annually
c.Use a signed written commission agreement✓
d.Pay all commissions in cash, not by check

Labor Code §2751(a) requires that where an employee's compensation involves commissions, the contract be in writing and set forth the method by which the commissions are computed and paid, and §2751(b) requires the employer to give the employee a signed copy and obtain a signed receipt. (a) treats the paperwork as a reason to abandon commissions, which the section neither requires nor encourages. (b) sends a payroll document to the licensing board. (d) would violate nothing about commissions but runs into the general rule that wages are payable by check or cash at the employee's option. Note §2751(c): a short-term productivity bonus and a temporary variable incentive that increases but does not decrease pay are not commissions for this purpose.

Labor Code §2751(a), (b); §204.1
322. Before the CSLB will issue or renew a license for a contractor who has employees, the contractor must have on file with the Board:
a.A signed lease for a business office
b.A list of the licensee's past customers
c.A current workers' comp certificate✓
d.Proof of the owner's personal credit score

B&P §7125(a) conditions issuance, reinstatement, reactivation and renewal on a current Certificate of Workers' Compensation Insurance, a Certification of Self-Insurance under Labor Code §3700(b), or - for a licensee with no employees - an exemption certificate, except in the C-8, C-20, C-22, C-39 and D-49 classifications, which must carry coverage regardless. (a) is the closest wrong answer because a licensee does have to report a business address to the Board, but no lease is filed and a home address is acceptable. (b) and (d) are not licensing conditions at all. If coverage lapses mid-term, §7125.2 suspends the license by operation of law on the date of the lapse, which retroactively makes the work unlicensed.

Business & Professions Code §§7125(a), 7125.2; Labor Code §3700(b)
323. The safest overall approach for a contractor who wants to avoid inheriting employment liabilities (workers' comp, wages, discrimination claims) from lower-tier workers is to:
a.Hire licensed, insured subs and classify correctly✓
b.Label every worker an independent contractor
c.Pay everyone in cash and keep no records
d.Carry no insurance at all to save the money

Three exposures close together: Labor Code §2750.5 makes an unlicensed sub's crew the hiring contractor's employees, §2810.3 makes a client employer share wage and workers' compensation responsibility for workers supplied through a labor contractor, and §2775 decides classification by the ABC test whatever the parties called it - so checking the license, taking a current certificate of insurance, keeping the §1174 records, and covering the contractor's own employees under B&P §7125 is the whole of the defense. (b) is the arrangement §2775 was written to reach. (c) destroys the records that would otherwise rebut an employee's estimate of hours. (d) forfeits the exclusive-remedy shield and invites a §3706 civil suit with no common-law defenses.

Labor Code §§2750.5, 2775, 2810.3; Business & Professions Code §7125
324. 一支适用第 16 号工资令的现场木工班组,上午 7 点至 11 点施工,下午无薪回家,傍晚 4 点至 8 点再回工地。工程所在城市没有本地工资条例。除了已工作时数的工资外,雇主还应支付什么?
a.按雇员本人时薪额外支付一小时,因为这一天被拆成了两段
b.不需额外支付,因为第 16 号工资令根本没有分段班次津贴条款✓
c.按州最低工资额外支付一小时,各号工资令对分段班次都是这样规定的
d.按州最低工资额外支付两小时,分段班次的每一段各算一小时

哪一号工资令覆盖该职业,就决定了存在哪些津贴。第 16 号工资令覆盖现场建筑、钻探、伐木和采矿类职业,其「最低工资」一节只有 (A)、(B) 两款,其中并无分段班次条款。因此这支班组只需按实际工作的八小时计酬,在这一项上无需另付。题目想引出的那一小时分段班次津贴规定在第 4 号工资令第 4(C) 条等处;在其适用的场合,该津贴按最低工资支付,绝不按雇员本人更高的时薪计算。

IWC Wage Order 16-2001 §4; IWC Wage Order 4-2001 §4(C)
325. 某总承包商以书面分包合同雇用一名无照的杂工挂干墙。该杂工自带工具、自定价格,并从自己的店面安排工作。加州如何认定他的身份?
a.雇员,因为《劳工法》第 2750.5 条把持有有效执照作为独立承包人身份的前提✓
b.独立承包人,因为他有书面分包合同,自带工具,价格也由自己决定
c.独立承包人,依第 2781 条建筑分包商途径可以不适用 ABC 测试
d.雇员,除非总承包商签署一份放弃执照要求的书面豁免文件

挂干墙属于需要执照的工作,而《劳工法》第 2750.5 条规定,凡从事需要执照的工作,持有有效承包商执照即为取得独立承包人身份的前提条件。因此分析到此为止:就工资、工伤保险和薪资税而言,这名杂工是总承包商的雇员。第 2781 条那条「出口」也帮不上忙,因为它的第一项条件就是分包商须持有 CSLB 执照且工作在执照范围内。自带工具和自定价格属于第 2776 条企业对企业豁免的清单,不能替代执照。

Labor Code §2750.5; Labor Code §2781
326. 一名前雇员于 6 月 1 日递交书面请求,要求查阅并复印自己的工资记录。承包商在 7 月 3 日才交出记录。法定期限是哪一天,迟延要付出什么代价?
a.本来就没有期限,因为查阅工资记录的权利随雇佣关系结束而消灭
b.期限是 21 个工作日,7 月 3 日只迟了一个工作日而已
c.期限是 6 月 22 日,即 21 个日历日,另罚 750 美元✓
d.期限是 30 个日历日,7 月 3 日仍在期限之内,无需承担任何后果

第 226(c) 条要求雇主在切实可行的范围内尽快提供,且不得迟于请求之日起 「21 个日历日」。因此 6 月 1 日提出的请求于 6 月 22 日到期,7 月 3 日已迟了十一天。这项权利前雇员与在职雇员同样享有,离职并不影响。逾期本身依第 226(f) 条另处 750 美元罚款,与工资单记载不合规的罚则是两回事。

Labor Code §226(c), (f)

保险与留置权

198 道题
1. 分包商于3月1日在一个私人项目上开始工作。为保留留置权,初步通知必须在何时送达?
a.3月1日,即开工当天
b.3月11日,即开工后第十天
c.4月1日,即开工后一个月
d.3月21日,即开工后第二十天✓

Civil Code §8200要求初步通知不得晚于债权人首次提供劳务、服务、设备或材料后20天送达,因此3月1日开工,截止日为3月21日。(a)把通知当成开工的前提条件;其实不是,开工当天送达有效但过早。(b)借用了施工实务中别处出现的十天期限,与本规则无关。(c)简单地凑成一个月。逾期送达并不会完全消灭留置权:根据§8204,权利被限制在送达前20天及其后所提供的工作范围内。

Civil Code §8200 / §8204
2. 私人建设项目的初步通知必须送达给:
a.业主、直接承包商,以及建设贷款方✓
b.直接承包商和贷款方,但不包括登记业主
c.业主和直接承包商,另加当地建筑管理部门
d.与索赔人签约的一方,以及县记录官办公室

§8200(a) 列明三个送达对象:业主或名义业主、索赔人为之提供工作的直接承包商,以及建设贷款方(如有)。§8200(c) 和 (d) 规定,完成该送达是留置权主张、止付通知或付款保证金索赔有效的前提条件。真正的例外与这些干扰项的方向相反:§8200(e) 完全免除劳工的送达义务,并规定与业主有直接合同关系的索赔人只需通知建设贷款方。(b) 漏掉了业主,而留置权正是附着在业主的房产上;(c) 加进了在留置权制度中没有任何角色的建筑管理部门;(d) 把初步通知与到县记录官处登记留置权主张本身混为一谈。

Civil Code §8200(a), (c)-(e)
3. 私人项目完工后,如果没有提交竣工通知,索赔方有多少天时间记录留置权?
a.30天
b.60天
c.90天✓
d.180天

如果没有记录竣工或停工通知,必须在完工后90天内记录留置权。

Civil Code §8412; §8414
4. 如果业主记录了竣工通知,分包商和供应商必须在多少天内记录其留置权?
a.30天✓
b.45天
c.60天
d.90天

当业主记录竣工通知时,分包商和材料供应商只有30天时间记录其留置权。主承包商有60天。

Civil Code §8414
5. 记录留置权后,索赔方必须在多少天内提起诉讼以强制执行留置权?
a.30天
b.60天
c.90天✓
d.1年

记录的留置权将在记录后90天内,若索赔方未提起诉讼强制执行则会过期。

Civil Code §8460
6. 在私人建设项目上发出"停止付款通知"的目的是什么?
a.要求业主或贷款方从承包商应得款中扣留资金✓
b.让工程上的全部施工停下来,直到付款争议解决
c.就业主对该土地的产权登记一项机械师留置权
d.把存在付款争议一事通知当地建筑管理部门

止付通知针对的是钱,而不是土地。§8520(a) 允许除直接承包商以外任何享有留置权的索赔人向业主发出此种通知;§8530 允许同一索赔人向建设贷款方发出;§8500 则使本章成为通往建设资金的唯一途径:除依与资金持有人之间的书面合同外,任何人不得就该资金主张其他法律或衡平权利。§8044(a) 补充说该通知可以带保证金也可以不带,而带保证金的通知才是迫使贷款方扣款的那一种。(b) 把它与停工令混淆了,停工令是 Cal/OSHA 或注册官针对使用员工劳动发出的;止付通知本身不会让施工停下来。(c) 是机械师留置权,那是确实附着于财产的平行救济。(d) 把通知送给了在付款链条中没有角色的机关。§8520(b) 是反方向的陷阱:业主若要求索赔人发出止付通知而索赔人未发,索赔人即丧失其留置权。

Civil Code §8520(a)-(b); §8530; §8500; §8044(a)
7. 业主可以通过获得相当于多少金额的留置权解除保证金来解除已记录的留置权?
a.留置权金额的100%
b.留置权金额的150%
c.确切留置权金额加10%利息
d.留置权金额的125%✓

要从财产上解除留置权,业主或承包商可以记录相当于留置权金额125%的留置权解除保证金。

Civil Code §8424
8. 以下哪项不需要包含在留置权中?
a.索赔方的姓名和地址
b.索赔方的社会安全号码✓
c.已完成工作的描述
d.索赔金额

有效的留置权必须包括索赔方姓名/地址、工作/材料描述、索赔金额和财产描述。不需要社会安全号码。

Civil Code §8416
9. 在公共工程项目中,没有送达初步通知的索赔方仍然可以提交:
a.留置权
b.对公共实体的停止付款通知✓
c.留置权和停止付款通知两者
d.两者均不能;公共工程中初步通知是强制性的

留置权不能针对公共财产记录。但是,在公共工程中,未付款的索赔方可以向公共实体送达停止付款通知。

Civil Code §9350
10. 在竣工通知记录后,总承包商通常有多少天时间申请留置权?
a.30天
b.60天✓
c.90天
d.180天

主(直接)承包商在业主记录竣工通知后有60天时间记录留置权。

Civil Code §8412(b)
11. 初步通知要求的目的是:
a.合法启动项目
b.确立承包商对其他债权人的优先权
c.作为付款催收函
d.提醒业主项目上的潜在留置权索赔方✓

初步通知通过提前告知业主谁在提供劳动和材料来保护业主。

Civil Code §8200
12. 索赔方记录了留置权,但在提起诉讼前已全额付清。索赔方必须:
a.把留置权留在该财产上,等业主自己去起诉
b.提交一份覆盖整个工程项目的竣工通知
c.既然款项已付清,就登记一份留置权解除✓
d.重新登记该留置权,并把金额更正为零

留置权担保的是一笔债务,债务一旦付清,登记簿就应当清理干净。法典的机制在「解除令」一节:§8482 规定,业主必须在提出解除令申请前至少 10 天向索赔人发出通知,要求其签署并登记解除文件并说明理由,否则不得申请;§8480(a) 则规定,一旦索赔人让 §8460(a) 的 90 天强制执行期限届满,业主即可提出申请;§8488(c) 又把合理律师费判给胜诉一方,这正是让一份已获清偿的留置权继续挂着变得昂贵的原因。§8494 补充说:已届满或经法院解除的留置权不再产生任何推定通知效力。因此 (a) 并不是它看上去那种「不费成本」的选项。(b) 是业主的文件,用于缩短留置权期限,对已经登记在册的留置权毫无作用。(d) 只会让情况更糟:重新登记什么都不会重启,而就已不再欠付的金额主张留置权,正是 §8422(c) 以丧失留置权来惩罚的那种夸大。

Civil Code §8482; §8480(a); §8488(c); §8460(a); §8494; §8422(c)
13. 关于"联合支票协议",以下哪项陈述是正确的?
a.承诺以同时列明分包商与其供应商为共同收款人的支票付款✓
b.一种必须先获得CSLB批准之后任何人才能使用的安排
c.可以替代供应商依法必须发出的初步通知的一种做法
d.一种只能在公共工程合同中使用的付款安排方式

联合支票协议是一项合同条款,不是法律规定:业主或直接承包商同意开出以两方为共同收款人的支票——通常是分包商与其背后的供应商或次分包商——因此下游一方必须背书,也能亲自确认款项确已到账。所以 (a) 中真正关键的词是"共同",而不是"直接"。此事不涉及委员会批准,故 (b) 错;这种做法在私人工程和公共工程中都在用,故 (d) 错。(c) 是最危险的一项:该协议丝毫不改变 Civil Code §8200,供应商若漏发初步通知,无论支票如何开具,都仍会丧失留置权和止付通知权。

14. 加州法律要求承包商向住宅业主提供"业主通知"(初步通知)。在家居改善项目中,承包商还必须向房主提供什么额外通知?
a.留置权豁免
b.取消权通知✓
c.留置权解除保证金报价
d.施工开始通知

家居改善承包商必须提供"业主通知"和"取消权通知",告知房主其三天撤销权。

Bus. & Prof. Code §7159
15. 加州的工人赔偿保险要求适用于:
a.仅有5名或以上员工的公司
b.仅在公共项目上工作的员工
c.所有雇主,即使只有一名员工✓
d.仅全职员工

加州劳动法典第3700条要求每个雇主在雇用哪怕一名员工之前必须获取工人赔偿保险。

Labor Code §3700
16. 承包商在没有工人赔偿保险的情况下运营。Cal/OSHA或劳工专员可能发出:
a.警告信
b.仅小额行政罚款
c.转交CSLB可能吊销执照
d.禁止雇用工人的停工令✓

在没有工人赔偿保险的情况下运营可能导致立即禁止使用员工劳动的停工令,以及高达100,000美元的重大罚款。

Labor Code §3722
17. 工人赔偿被描述为"无过错"制度。这意味着:
a.员工放弃对任何伤害的起诉权
b.雇主对工作场所伤害从不承担责任
c.员工必须证明雇主疏忽
d.无论谁造成伤害都可获得福利✓

在无过错工人赔偿制度中,受伤工人无论自己还是雇主造成伤害都可以获得福利。

Labor Code §3600
18. 当员工报告工伤时,雇主必须在多少时间内提供理赔表(DWC-1)?
a.24小时
b.1个工作日✓
c.3个工作日
d.1周

收到工伤通知后,雇主必须在一个工作日内向员工提供DWC-1理赔表。

Labor Code §5401
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