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Employment Requirements practice

The study guide gives this section 20 percent of the paper. 26 free questions here, 102 more in the paid bank.

All 26 free employment requirements questions

  1. Under the California Labor Code, when are an employee's earned and unpaid wages due if the employer discharges the employee?

    • A Immediately, at the time of discharge Correct
    • B Within 72 hours of the discharge
    • C On the next regular payday after the discharge
    • D Within seven calendar days of the discharge

    Labor Code section 201 makes the wages earned and unpaid at the time of discharge due and payable immediately, so an employer that holds the final check until the next payroll run is already late and exposed to the waiting time penalty.

    Lab. Code s. 201(a)

  2. An employee with no written contract for a definite period quits without giving any notice. When do that employee's wages become due and payable?

    • A At the time of quitting
    • B Not later than 24 hours after quitting
    • C Not later than 72 hours after quitting Correct
    • D On the next regular payday

    Labor Code section 202 gives the employer 72 hours to pay an employee who quits with no notice, and payment at the time of quitting is owed only where the employee gave 72 hours previous notice, so the notice is what moves the deadline.

    Lab. Code s. 202(a)

  3. What does the Labor Code say about an employer collecting back wages it has already paid an employee?

    • A Lawful where the employee consents in writing
    • B Unlawful, whatever the employee has agreed to Correct
    • C Lawful up to one week of wages
    • D Lawful where the overpayment is documented

    Labor Code section 221 makes it unlawful for an employer to collect or receive from an employee any part of wages already paid to that employee, and the section carries no exception for consent, so a signed acknowledgment does not make the clawback lawful.

    Lab. Code s. 221

  4. Which of the following must appear on the itemized wage statement the Labor Code requires an employer to furnish?

    • A Gross wages earned in the pay period Correct
    • B The employee's full social security number
    • C The employee's year to date vacation balance
    • D The workers' compensation carrier's name and address

    Labor Code section 226 lists nine items an accurate itemized statement must show, and gross wages earned is the first of them, while the employee's identifier may show only the last four digits of the social security number.

    Lab. Code s. 226(a)

  5. How does the Labor Code define a workday for the purposes of the hours of work and overtime rules?

    • A Any consecutive 24 hour period, same daily start Correct
    • B The eight hours an employee is scheduled
    • C The period from midnight to midnight
    • D The work falling between two rest periods

    Labor Code section 500 defines a workday as any consecutive 24 hour period commencing at the same time each calendar day, which is why the employer fixes when the workday starts and then measures the eight hour and 12 hour overtime thresholds against that fixed period.

    Lab. Code s. 500(a)

  6. A general contractor hires an unlicensed framer for a lump sum, calls him a subcontractor and issues a 1099. How is the framer classified?

    • A An independent contractor, paid by the job
    • B An independent contractor, supplying his own tools
    • C An employee, unless he carried liability insurance
    • D An employee, because a license is required Correct

    Labor Code section 2750.5 creates a rebuttable presumption that a worker performing services for which a contractor license is required is an employee, and it makes holding a valid contractors license a condition of independent contractor status, so an unlicensed framer cannot be a subcontractor whatever the payment arrangement looked like.

    Lab. Code s. 2750.5

  7. Under the ABC test in the Labor Code, which of these is a condition the hiring entity must demonstrate?

    • A A signed agreement naming the person a contractor
    • B Freedom from the hiring entity's control and direction Correct
    • C Payment by the job rather than hourly
    • D Ownership of the tools used on the job

    Labor Code section 2775 treats a person providing labor or services for pay as an employee unless the hiring entity demonstrates freedom from its control and direction, work outside its usual course of business, and customary engagement in an independent trade of the same nature, so a contract label proves none of the three.

    Lab. Code s. 2775(b)(1)

  8. A contractor hires a salesperson who will be paid a percentage of the value of each contract she signs. What does the Labor Code require of that employment agreement?

    • A In writing, stating how commissions are computed Correct
    • B Oral, with the rate on each wage statement
    • C Filed with the Labor Commissioner before work starts
    • D Renewed in writing each calendar year

    Labor Code section 2751 requires a commission based contract of employment to be in writing, setting out the method by which commissions are computed and paid, and the employer must give the employee a signed copy and obtain a signed receipt for it.

    Lab. Code s. 2751(a)

  9. For workers' compensation purposes, how does the Labor Code treat a person rendering service for another?

    • A Presumed an independent contractor until shown otherwise
    • B Presumed an employee unless expressly excluded Correct
    • C Presumed an employee only after 30 days
    • D Classified by the parties' written agreement alone

    Labor Code section 3357 presumes any person rendering service for another to be an employee unless the service is rendered as an independent contractor or the person is expressly excluded, which is why an employer arguing independent contractor status carries the burden in a workers' compensation claim.

    Lab. Code s. 3357

  10. The Labor Code requires every employer to keep a notice posted conspicuously at the place of work. What must that notice specify?

    • A The hourly rate for each worker classification
    • B The regular paydays, time and place of payment Correct
    • C The license and workers' compensation policy numbers
    • D The overtime policy and wage dispute procedure

    Labor Code section 207 requires the posted notice to specify the regular paydays and the time and place of payment, so every worker on the site can tell when and where wages will be paid without having to ask.

    Lab. Code s. 207

  11. Under the Labor Code article on payment of wages, what does the definition of wages say about how the amount is calculated?

    • A Any method of calculation counts Correct
    • B Only hourly time-based pay counts
    • C Only fixed salaried pay counts
    • D Commission earnings fall outside wages

    Section 200 defines wages as all amounts for labor performed by employees of every description, whether the amount is fixed by time, task, piece, commission or any other method, so how the pay is worked out does not decide whether it is wages.

    Lab. Code s. 200(a)

  12. In a civil action for nonpayment of wages, from what date does the court's award of interest on the unpaid wages run?

    • A The date the action was filed
    • B The date judgment is entered
    • C The date the employee demanded payment
    • D The date the wages were due Correct

    Section 218.6 requires the court to award interest on all due and unpaid wages, and that interest accrues from the date the wages were due and payable rather than from any later step in the dispute.

    Lab. Code s. 218.6

  13. Which condition may an employer never place on an employee's use of paid sick days under the Labor Code?

    • A Giving reasonable advance notice when foreseeable
    • B Using leave in a two hour minimum
    • C Making an oral or written request
    • D Finding a replacement worker first Correct

    Section 246.5 prohibits an employer from requiring, as a condition of using paid sick days, that the employee search for or find a replacement worker to cover the days taken, so the burden of covering the shift stays with the employer.

    Lab. Code s. 246.5(b)

  14. For how many years must payroll records showing daily hours worked, wages paid and piece-rate units earned stay on file?

    • A Not less than two years
    • B Not less than three years Correct
    • C Not less than four years
    • D Not less than seven years

    Section 1174 requires those payroll records to be kept at a central location or at the establishments where the employees work, and in any case on file for not less than three years, so a shorter retention period leaves the employer short of the duty.

    Lab. Code s. 1174(d)

  15. Under the apprenticeship chapter of the Labor Code, what two things make a person an apprentice?

    • A At least 18, written agreement
    • B At least 16, oral agreement
    • C At least 16, written agreement Correct
    • D Any age, registered with the program

    Section 3077 defines an apprentice as a person at least 16 years of age who has entered into a written apprentice agreement with an employer or program sponsor, so both the age floor and the written agreement are needed.

    Lab. Code s. 3077

  16. A city requires a building permit before repair work starts. What must each permit applicant sign about workers' compensation coverage?

    • A An unsworn written statement
    • B A certificate filed with the board
    • C Nothing, owner-builders are exempt
    • D A declaration under penalty of perjury Correct

    Section 3800 requires every county or city that issues building permits to make each applicant sign a declaration under penalty of perjury verifying workers' compensation coverage or an exemption from coverage.

    Lab. Code s. 3800(a)

  17. The work record every employing unit keeps must show each worker's status. Which workers appear on that record?

    • A Only workers currently on payroll
    • B Only workers paid this quarter
    • C Workers on layoff and leave too Correct
    • D Only full-time permanent workers

    Section 1085 requires a true and accurate work record of all workers and their status as employed, on layoff or on leave of absence, and of the wages paid to each, so a laid-off worker still belongs on the record.

    Unemp. Ins. Code s. 1085

  18. A new employee starts on Monday and the employer must verify eligibility for employment. What does the Internal Revenue Service (IRS) say that verification includes?

    • A Completing Form W-4 for withholding
    • B Using the Social Security Number Verification Service
    • C Completing Form I-9, Employment Eligibility Verification Correct
    • D Enrolling the new hire in E-Verify

    Internal Revenue Service (IRS) Publication 15 tells an employer that verifying a new employee's eligibility for employment includes completing the U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility Verification, so the I-9 is the step the verification turns on.

    IRS Pub. 15 (2026), p. 7 Reference document, not law.

  19. Under the Labor Code, when do the unpaid wages earned by striking employees become due and payable?

    • A Immediately when the strike begins
    • B On the next regular payday Correct
    • C Within 72 hours of walking out
    • D When the strike is settled

    Section 209 provides that unpaid wages earned by striking employees become due on the next regular payday and must be paid without abatement or reduction, so the employer cannot hold the money until the dispute ends.

    Lab. Code s. 209

  20. Under Labor Code section 232.5, what may an employer not require an employee to keep quiet about?

    • A The employer's proprietary trade secrets
    • B Information covered by legal privilege
    • C Client names and contact details
    • D Information about the employer's working conditions Correct

    Section 232.5 prohibits an employer from requiring, as a condition of employment, that an employee refrain from disclosing information about the employer's working conditions, and it also bars discipline for making that disclosure.

    Lab. Code s. 232.5(a)

  21. Who may register a complaint with the Division of Labor Standards Enforcement that an employee was paid below the minimum wage?

    • A Only the affected employee
    • B Any person may complain Correct
    • C Only a union representative
    • D Only the employee's legal counsel

    Section 1195 lets any person register the complaint, and the division must then investigate and take all proceedings necessary to enforce payment of a wage not less than the minimum.

    Lab. Code s. 1195

  22. A contractor's crew works in a city whose own minimum wage sits above the state figure. Which minimum wage governs those workers?

    • A The state rate, which preempts
    • B The higher city rate Correct
    • C Either rate, at the employer's choice
    • D The average of both rates

    Section 1197 makes the minimum wage fixed by the commission or by any applicable state or local law the wage that must be paid, and paying less than that figure is unlawful, so the higher local rate governs.

    Lab. Code s. 1197

  23. What must an employer tell a terminated employee about the employer-sponsored health coverage they had?

    • A Only the continuation options, on request
    • B All continuation, extension and conversion options Correct
    • C Nothing, unless the employee asks
    • D Only where 20 or more are employed

    Section 2808 requires every employer, public or private, to notify an employee on termination of all continuation, disability extension and conversion coverage options they may remain eligible for, so the notice is automatic and covers all three.

    Lab. Code s. 2808(b)

  24. Which employers must file the report of contributions, the quarterly return and the report of wages electronically?

    • A Only employers with 10 or more
    • B Only employers with 50 or more
    • C Only employers already filing federally
    • D All employers, whatever their size Correct

    Section 1088 requires all employers to file the report of contributions, the quarterly return and the report of wages electronically, and only an approved waiver for lack of automation, severe hardship or a federal exemption relieves that.

    Unemp. Ins. Code s. 1088(h)(2)

  25. When may the director or an authorized representative inspect and copy an employing unit's payroll records?

    • A Only under a subpoena
    • B Only after 30 days notice
    • C Only during an appeal hearing
    • D Any time during its business hours Correct

    Section 1092 makes the records open to inspection and subject to being copied by the director or an authorized representative at any time during the employing unit's business hours, so no notice or court process comes first.

    Unemp. Ins. Code s. 1092

  26. How long should an employer keep records of federal employment taxes, according to the Internal Revenue Service employer guide?

    • A At least two years
    • B At least three years
    • C At least four years Correct
    • D At least seven years

    The Internal Revenue Service employer guide says to keep all records of employment taxes for at least four years and to have them available for review, and the file it describes covers wage payment dates and amounts, employee details and withheld amounts.

    IRS Pub. 15 (2026), p. 9 Reference document, not law.

What this section covers

The heaviest section after contracts, and almost all of it is the Labor Code and the two employer guides the study guide names. Hiring, classifying and paying people, what has to be recorded, and what has to be kept.

The study guide lists these topics under it:

Topics and share from the Law and Business study guide, form 13E-LAW, rev. 03-2026. The guide adds that the percentages are approximate.