CSLB CONTRACTOR'S LAW & BUSINESS EXAM

An employer remits State disability taxes withheld from an employees wages to what agency? - Employment Development Department Which act establishes the rights of workers to organize into unions and negotiate contracts? - National Labor Relations Act of 1935 A contractor has had a problem with employees stealing tools and equipment from job sites. When conducting job interviews, may the contractor ask prospective employees about their arrest records? A. It is legal to ask prospective employees about arrests not leading to convictions. B. It is not legal to ask prospective employees about arrests not leading to convictions. C. It is legal for a private employer to ask about arrests not leading to convictions, but it would not be legal for city or county agencies to ask about such arrests. D. It is legal for a private employer to ask about arrests leading to convictions, but it would not be legal for a federal, state, or local public agency to do so. - It is not legal to ask prospective employees about arrest not leading to convictions. Why would a contractor have a case in Superior Court? - If it is a dispute of more than $25,000 it can be transferred to Superior Court. Which would not have to be reported to DOSH immediately or within 24 hours? A. Death from a three-story fall. B. Drunken crane operator hits a high-voltage power line C. Car accident in which an employee steps onto a public road, gets hit by a car, and suffers a concussion. D. Employee falls off forklift and suffers a sever back injury. - Car accident in which an employee steps onto a public road, gets hit by a car, and suffers a concussion. A general contractor has obtained bids from several subcontractors for a private project. He notices that one bid is substantially lower than the rest. Is it ethical and a good business practice for this contractor to inform the subcontractor that the bid is substantially lower than the bids of the other subcontractors? - Yes. If the contractor has reason to believe that the subcontractor has made an error in preparing his bid, the contractor should notify the subcontractor of the apparent error, but the contractor may not disclose the amounts of the other bids. An employer must furnish an employee with a completed IRS Form W-2 (Wage and Tax Statement) by: - The 31st of January. After a job is completed, the owner decides to have additional work done. How should the contractor proceed? - Write a new contract and ask the owner to sign it. The purpose of a 20-day preliminary notice for private work is to? - Notify the owner that the person or firm who sent the notice has improved the property. Is it legal for a contractor to pay employees in cash? - Yes, if the contractor provides each employee with a wage deduction statement semimonthly or at the time of each wage payment. You are bidding on a job with plans drawn by the owner. You notice a code violation and bring it to the attention of the owner. The owner declines to remedy the code violation and tells you not to worry. What should you do? - Decline to bid the work. On a time-and-materials job, you should: - Add profit and overhead to labor and materials Your employee sets a cabinet wrong. The cabinet falls from the wall and damages the client's counter top. What should you do? A. Claim the damage on your general liability insurance policy. B. Require the employee to pay for the damage to the countertop. C. Tell the client to claim the damaged counter top on his or her homeowner's insurance policy. D. No action is required: The client must assume the risk of damage. - Claim the damage on your general liability insurance policy. Of the following, which is best for determining the number of hours required for different phases of a project and for making sure the job is on schedule? A. Bar graph and chart B. Cash analysis chart C. Review plans D. Critical path method - The critical path method. Is it legal for a contractor to require employees to take a lie detector test? - It is not legal for the contractor to require lie detector tests, but it would be legal for a federal, state, or local public agency to require lie detector tests of their employees. If a newly hired employee does not have a SSN, what should be done? - The employee must apply for a SSN. How many times may you take the contractors license exam before your original application is voided? - As many times as necessary within 18 months. When should a contractor renew the contractor's license bond? - 30 days before it expires. The qualifying RME for a construction firm must work at least: - A qualifying RME for a construction firm must work at least 32 hours per week or 80% of the work week. The federal Employer Identification Number (EIN) is issued by the: - The Internal Revenue Service Every employer of ______ or more full or part time employees must keep written health and safety records for _______ years. A. 1-3 B. 7-4 C. 10-3 D. 11-5 - Every employer of 11 or more full or part time employees must keep written health and safety records for 5 years.