PHRCA Exam (274 Questions) And Answers 100%
Verified
Which of the following health conditions, by itself, would MOST LIKELY NOT
constitute a "disability" under California's FEHA:
a) very poor eyesight without contacts, but perfect vision when wearing them
b) a flu keeping an employee from work for three (3) weeks
c) restrictions from a workplace injury that do not limit ability to work
d) dangerously high blood pressure without medication, but healthy with medication -
ANSWER The correct answer is C. Disability - Unlike the federal ADA, the FEHA
defines "disability" without regard to any corrective measures. Thus, the conditions
described in both (a) and (d) could each constitute a "disability" under the FEHA,
whereas federal law would take the corrective measures (i.e., contacts or
medication) into account and likely find that neither constituted a disability under
federal law. A flu limiting an employee's life activity of "working," as described in (b)
could also constitute a disability under the FEHA. This illustrates another difference
between the FEHA and the federal ADA, because the state law does not require that
the limitation be "substantial." Thus, a condition limiting the employee from working
during the three-week period could be a disability for purposes of triggering each and
all of the legal duties under the FEHA (i.e., non-discrimination, reasonable
accommodation, and good faith interactive process). Answer (c) is the most likely not
to constitute a disability under the FEHA because it is the only answer that does not
indicate any limitation on any life activity, including work.
Under DLSE Labor Code, which of the following employees MUST be paid
overtime?
a) A CEO who worked 80 hours per week
b) A non-exempt employee who worked 46 hours per week
c) A server who worked 30 hours and was paid for 10 hours of jury duty
d) A driver that worked from 8am to 10am then returned and worked 4pm to 9pm -
ANSWER The correct answer is B. The CEO is exempt from overtime; the server
worked only 30 hours; and the driver did not work any overtime eligible hours.
Which of the following statements regarding Paid Family Leave is true?
a) Paid Family Leave runs concurrently with State Disability Leave
b) Employees covered by SDI are also covered by Paid Family Leave
c) Paid Family Leave has a ten day waiting period
d) Employees must have worked a minimum 1250 hours to be eligible for Paid
Family Leave - ANSWER The correct answer B. "The law is generally referred to
as the Paid Family Leave insurance program (PFL), and is administered by the
Employment Development Department (EDD). Employees covered by SDI are also
covered by PFL."
, Reference: Leaves of Absence and Workers' Compensation
Under Cal/OSHA regulations, which of the following triggers the need for safety
training?
a) A new President of the organization
b) A new building for the organization
c) A new owner of the organization
d) A new or revised process - ANSWER The correct answer is D. IIPP and Safety
Training
An employer requires all new hires, as a condition of employment, to sign an
agreement requiring arbitration of most kinds of employment disputes, but one new
hire refuses to sign and the employer rescinds the offer. Can the new hire
successfully sue the employer for wrongful refusal to hire in violation of public policy?
a) Yes, mandatory arbitration agreements are disfavored in California and generally
unenforceable
b) Yes, if the employee would be required under the agreement to pay his or her own
attorneys' fees in an unsuccessful action against the employer
c) Yes, if the employee would be required to pay additional fees in arbitration that
would not apply in litigation
d) No, California favors arbitration as a form of alternative dispute resolution -
ANSWER The correct answer is C. California law, like federal law, is generally
favorable toward arbitration as a form of alternative dispute resolution. Thus, (a) is
incorrect. Even though answer (d) includes a correct general statement after the
"No," the answer leaps to the conclusion that the employee could not successfully
sue, but more information would be needed to reach that conclusion. Answers (b)
and (c) both include additional information about the content of the agreement.
Answer (b) is incorrect because an employee may be required to pay his or her own
attorneys' fees in an unsuccessful arbitration, just as in litigation. Answer (c) correctly
identifies one of the flaws that render a mandatory arbitration "substantively
unconscionable" under the Armendariz standards, meaning that the arbitration
agreement is unenforceable and void under California law. Withdrawing an
employment offer for refusal to sign an illegal agreement violates public policy and
the new hire could successfully sue the employer on that basis.
What is the name of the document an employee must obtain before bringing a
lawsuit to complain about a violation of the FEHA?
a) PAGA private attorney general action letter
b) FEHA access to justice letter
c) DFEH right to sue letter
d) DLSE administrative exhaustion letter - ANSWER The correct answer is C. An
employee cannot proceed with a FEHA claim in court without a DFEH right-to-sue
letter. Like the FEHA, the PAGA also has certain procedural prerequisites for an
employee to bring a claim, but this question is only about a FEHA claim.
Non-exempt employees have the ability to
Verified
Which of the following health conditions, by itself, would MOST LIKELY NOT
constitute a "disability" under California's FEHA:
a) very poor eyesight without contacts, but perfect vision when wearing them
b) a flu keeping an employee from work for three (3) weeks
c) restrictions from a workplace injury that do not limit ability to work
d) dangerously high blood pressure without medication, but healthy with medication -
ANSWER The correct answer is C. Disability - Unlike the federal ADA, the FEHA
defines "disability" without regard to any corrective measures. Thus, the conditions
described in both (a) and (d) could each constitute a "disability" under the FEHA,
whereas federal law would take the corrective measures (i.e., contacts or
medication) into account and likely find that neither constituted a disability under
federal law. A flu limiting an employee's life activity of "working," as described in (b)
could also constitute a disability under the FEHA. This illustrates another difference
between the FEHA and the federal ADA, because the state law does not require that
the limitation be "substantial." Thus, a condition limiting the employee from working
during the three-week period could be a disability for purposes of triggering each and
all of the legal duties under the FEHA (i.e., non-discrimination, reasonable
accommodation, and good faith interactive process). Answer (c) is the most likely not
to constitute a disability under the FEHA because it is the only answer that does not
indicate any limitation on any life activity, including work.
Under DLSE Labor Code, which of the following employees MUST be paid
overtime?
a) A CEO who worked 80 hours per week
b) A non-exempt employee who worked 46 hours per week
c) A server who worked 30 hours and was paid for 10 hours of jury duty
d) A driver that worked from 8am to 10am then returned and worked 4pm to 9pm -
ANSWER The correct answer is B. The CEO is exempt from overtime; the server
worked only 30 hours; and the driver did not work any overtime eligible hours.
Which of the following statements regarding Paid Family Leave is true?
a) Paid Family Leave runs concurrently with State Disability Leave
b) Employees covered by SDI are also covered by Paid Family Leave
c) Paid Family Leave has a ten day waiting period
d) Employees must have worked a minimum 1250 hours to be eligible for Paid
Family Leave - ANSWER The correct answer B. "The law is generally referred to
as the Paid Family Leave insurance program (PFL), and is administered by the
Employment Development Department (EDD). Employees covered by SDI are also
covered by PFL."
, Reference: Leaves of Absence and Workers' Compensation
Under Cal/OSHA regulations, which of the following triggers the need for safety
training?
a) A new President of the organization
b) A new building for the organization
c) A new owner of the organization
d) A new or revised process - ANSWER The correct answer is D. IIPP and Safety
Training
An employer requires all new hires, as a condition of employment, to sign an
agreement requiring arbitration of most kinds of employment disputes, but one new
hire refuses to sign and the employer rescinds the offer. Can the new hire
successfully sue the employer for wrongful refusal to hire in violation of public policy?
a) Yes, mandatory arbitration agreements are disfavored in California and generally
unenforceable
b) Yes, if the employee would be required under the agreement to pay his or her own
attorneys' fees in an unsuccessful action against the employer
c) Yes, if the employee would be required to pay additional fees in arbitration that
would not apply in litigation
d) No, California favors arbitration as a form of alternative dispute resolution -
ANSWER The correct answer is C. California law, like federal law, is generally
favorable toward arbitration as a form of alternative dispute resolution. Thus, (a) is
incorrect. Even though answer (d) includes a correct general statement after the
"No," the answer leaps to the conclusion that the employee could not successfully
sue, but more information would be needed to reach that conclusion. Answers (b)
and (c) both include additional information about the content of the agreement.
Answer (b) is incorrect because an employee may be required to pay his or her own
attorneys' fees in an unsuccessful arbitration, just as in litigation. Answer (c) correctly
identifies one of the flaws that render a mandatory arbitration "substantively
unconscionable" under the Armendariz standards, meaning that the arbitration
agreement is unenforceable and void under California law. Withdrawing an
employment offer for refusal to sign an illegal agreement violates public policy and
the new hire could successfully sue the employer on that basis.
What is the name of the document an employee must obtain before bringing a
lawsuit to complain about a violation of the FEHA?
a) PAGA private attorney general action letter
b) FEHA access to justice letter
c) DFEH right to sue letter
d) DLSE administrative exhaustion letter - ANSWER The correct answer is C. An
employee cannot proceed with a FEHA claim in court without a DFEH right-to-sue
letter. Like the FEHA, the PAGA also has certain procedural prerequisites for an
employee to bring a claim, but this question is only about a FEHA claim.
Non-exempt employees have the ability to
