Practice
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
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Under the California Labor Code, when are an employee's earned and unpaid wages due if the employer discharges the employee?
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.
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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?
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.
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What does the Labor Code say about an employer collecting back wages it has already paid an employee?
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.
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Which of the following must appear on the itemized wage statement the Labor Code requires an employer to furnish?
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.
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How does the Labor Code define a workday for the purposes of the hours of work and overtime rules?
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.
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A general contractor hires an unlicensed framer for a lump sum, calls him a subcontractor and issues a 1099. How is the framer classified?
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.
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Under the ABC test in the Labor Code, which of these is a condition the hiring entity must demonstrate?
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.
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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?
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.
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For workers' compensation purposes, how does the Labor Code treat a person rendering service for another?
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.
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The Labor Code requires every employer to keep a notice posted conspicuously at the place of work. What must that notice specify?
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.
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Under the Labor Code article on payment of wages, what does the definition of wages say about how the amount is calculated?
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.
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In a civil action for nonpayment of wages, from what date does the court's award of interest on the unpaid wages run?
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.
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Which condition may an employer never place on an employee's use of paid sick days under the Labor Code?
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.
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For how many years must payroll records showing daily hours worked, wages paid and piece-rate units earned stay on file?
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.
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Under the apprenticeship chapter of the Labor Code, what two things make a person an apprentice?
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.
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A city requires a building permit before repair work starts. What must each permit applicant sign about workers' compensation coverage?
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.
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The work record every employing unit keeps must show each worker's status. Which workers appear on that record?
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.
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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?
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.
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Under the Labor Code, when do the unpaid wages earned by striking employees become due and payable?
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.
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Under Labor Code section 232.5, what may an employer not require an employee to keep quiet about?
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.
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Who may register a complaint with the Division of Labor Standards Enforcement that an employee was paid below the minimum wage?
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.
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A contractor's crew works in a city whose own minimum wage sits above the state figure. Which minimum wage governs those workers?
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.
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What must an employer tell a terminated employee about the employer-sponsored health coverage they had?
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.
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Which employers must file the report of contributions, the quarterly return and the report of wages electronically?
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.
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When may the director or an authorized representative inspect and copy an employing unit's payroll records?
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.
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How long should an employer keep records of federal employment taxes, according to the Internal Revenue Service employer guide?
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:
- Hiring employees
- Supervising and training employees
- Evaluation and record-keeping
- Payroll
Topics and share from the Law and Business study guide, form 13E-LAW, rev. 03-2026. The guide adds that the percentages are approximate.