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Employment Requirements — California C-36 Practice Questions

46 questions · 20% of the Law & Business exam

Worked questions

2. Why are accurate time and payroll records essential?

  • Accurate wage and deduction compliance
  • BSupervisors may estimate every week later
  • CThey are needed only on public works
  • DA salary title eliminates all records

Why A is correct

Contemporaneous records establish hours and compensation and allow the employer to audit compliance. Job title or delayed estimates do not determine exempt status or accurately reconstruct work time.

3. A new employee starts fieldwork without receiving wage terms, tax forms, policies, or safety information. What onboarding control is needed?

  • ANo records during probation
  • BOnly a verbal start time
  • Required worker information
  • DOnly the customer contract

Why C is correct

The best answer is: Required worker information. Onboarding creates wage, tax, work-authorization, workers’ compensation, policy, and safety duties. Complete timely records protect the worker and employer. The new fact pattern changes the setting, not the governing rule or management control. The other choices either skip a required step, apply a different rule, or fail to address the stated risk.

4. A worker has several customers, advertises independently, invests in tools, negotiates price, and controls how services are delivered. Which fact pattern matters more than the contract label?

  • AThe worker has no other business activity
  • An independently established business
  • CThe contractor chooses every method and hour
  • DThe worker receives an employee handbook

Why B is correct

The best answer is: An independently established business. Classification depends on statutory tests and actual control, business independence, and work performed. A written label alone cannot waive employee protections. The new fact pattern changes the setting, not the governing rule or management control. The other choices either skip a required step, apply a different rule, or fail to address the stated risk.

5. Employees receive the correct net deposit but no statement of hours, rates, deductions, and required employer information. What must payroll provide?

  • Provide the required accurate itemized statement each pay period
  • BIssue a statement only when employment ends under the stated California contracting facts and documented project conditions
  • CKeep details only in the project estimate
  • DAsk the employee to reconstruct deductions

Why A is correct

The best answer is: Provide the required accurate itemized statement each pay period. Correct net pay does not replace California's wage-statement duty. The employer should furnish an accurate itemized statement and retain payroll records so hours, rates, deductions, and employer identity can be verified. The new fact pattern changes the setting, not the governing rule or management control. The other choices either skip a required step, apply a different rule, or fail to address the stated risk.

6. Personnel documents are scattered, selectively destroyed, and unavailable for lawful employee inspection. Which records control should be established?

  • AThey eliminate supervisor training
  • They support lawful decisions and required employee access
  • CThey allow undocumented discipline
  • DThey replace payroll and timekeeping records under the stated California contracting facts and documented project conditions

Why B is correct

The best answer is: They support lawful decisions and required employee access. Consistent personnel documentation supports legitimate employment decisions, required access and retention duties, claim response, and management continuity. It should complement—not replace—time, payroll, safety, and benefit records. The new fact pattern changes the setting, not the governing rule or management control. The other choices either skip a required step, apply a different rule, or fail to address the stated risk.

7. Two employees commit the same documented safety violation, but only the employee who complained about wages is disciplined. What management approach would be defensible?

  • ARetaliate for reporting hazards
  • BIgnore the conduct for productive workers
  • Correct hazards; apply policy fairly
  • DFabricate earlier warnings

Why C is correct

The best answer is: Correct hazards; apply policy fairly. Consistent fact-based enforcement supports safety and fair personnel management. Immediate hazard control is separate from discipline, and protected safety reporting must not trigger retaliation. The new fact pattern changes the setting, not the governing rule or management control. The other choices either skip a required step, apply a different rule, or fail to address the stated risk.

39 more in the bank

Answers and explanations for these are in the app.

  • A contractor hires its first employee. What insurance issue becomes immediate?
  • A contractor labels a controlled full-time crew as independent contractors but directs their schedule, methods, and tools. What must be evaluated?
  • A contractor plans a layoff at the end of a project. What should be resolved before the separation date?
  • A foreman requires an employee to use a personal phone and vehicle for company business. What should payroll administration evaluate?
  • A new employee is assigned unfamiliar powered equipment. What must the employer do?
  • A newly promoted superintendent now hires, disciplines, and schedules a large crew. What control should accompany the promotion?
  • A payroll check is correct, but the employee receives no itemized wage statement. What should the employer correct?
  • A supervisor pressures crews to skip required breaks to meet schedule. What is the issue?
  • A supervisor says construction workers never receive California paid sick leave. What is the appropriate management response?
  • A worker reports repeated harassment by a superintendent. What is the most defensible employer response?
  • After adding an employee to payroll, which compliance task belongs in the onboarding checklist?
  • An applicant is rejected solely because of a protected characteristic unrelated to job duties. What is the problem?
  • An employee repeatedly violates a documented safety rule. What management response is most defensible?
  • An employee reports unpaid overtime and is removed from all scheduled work the next day. What risk should management address?
  • An employee works overtime that violated company preapproval policy. May the employer simply refuse to pay the worked time?
  • Before ending employment, what should the employer verify?
  • What should an employer provide and document when hiring an employee?
  • Which fact supports genuine independent-contractor status more than a contract label?
  • Who is responsible for employer payroll reporting and deposits when a payroll service is used?
  • Why should hiring, training, evaluation, discipline, and separation records follow a consistent retention process?
  • Why should performance warnings and training be documented consistently?
  • A crew member works only for one contractor, follows its schedule, uses its tools, and is trained in its methods, despite receiving a 1099. What determines proper status?
  • A foreman must use a personal vehicle and phone for company assignments but receives no reimbursement review. Which obligation should administration evaluate?
  • A new hire is told to operate a powder-actuated tool after watching another employee once. What must occur before independent operation?
  • A newly promoted supervisor now controls hiring, schedules, discipline, leave, and complaints but receives no compliance instruction. What training should accompany the role?
  • A payroll processor files returns for the company, but a tax deposit is missed. Who retains the underlying employer compliance responsibility?
  • A planned project-end layoff is tomorrow, but final hours, accrued amounts, deductions, and notices remain unresolved. What should payroll finish before separation?
  • A qualified applicant is rejected because of a protected trait that has no bearing on essential work functions. Which employment principle applies?
  • A schedule requires crews to work through legally required meal and rest periods to meet a milestone. Does schedule pressure excuse compliance?
  • A sole proprietor who previously had no employees puts one helper on payroll. Which coverage obligation now requires immediate verification?
  • A superintendent is accused of repeated harassment, and management tells the complainant to “work it out” while cutting the complainant's hours. What response is required?
  • A supervisor refuses to provide claim information after a worker reports an injury because no one witnessed it. What should management do?
  • A supervisor states that paid sick leave never applies to construction labor. What is the correct compliance approach?
  • An hourly employee works two extra hours after a supervisor denies advance authorization. May the employer refuse to pay those compensable hours because policy was violated?
  • Before discharging an employee today, payroll has not reviewed hours, accrued amounts, deductions, or statutory timing. What should be verified first?
  • Supervisors issue oral warnings inconsistently and retain no training or follow-up record. Why should the system be documented?
  • The company places a new employee on payroll but never completes the state new-hire reporting step. What belongs on the onboarding checklist?
  • The day after reporting unpaid overtime, an employee loses all scheduled shifts without a documented business reason. Which risk should management investigate?
  • Timecards omit meal periods, overtime hours, and corrections even though net pay is being calculated. What compliance control is missing?

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