Employee Relations

Question 1

What constitutes as a solitation?

an employee sends new contact information to all cusotmers

Answer 1

the California Supreme Court has clarified that such “professional announcements” are “basic to an individual’s right to engage in fair competition.” In California, “solicitation” means asking a particular individual to do some particular thing; merely providing new contact information, without more, does not constitute solicitation under California unfair competition law.

Question 2

Qualified Trainer undr CA Law SB 1343

Answer 2

an Attorney with 2+ years on the bar or Professor or instructor with 20 + instructor hours with FEHA/ Title VII
HR Porfessional with 2+ handling harrassment claims and investigations

Question 3

Severance

Answer 3

Written in simple language, COBRA continuation of outplacement assistance and provide additonal considearation of value greater than what is already entitled

Question 4

Ban the Box

Answer 4

Fair Chance Box

Question 5

Medical Marijuana

Answer 5

Does not allow a employee to be under the influence whie working

Question 6

Anti- Harrassment Prevention training

Answer 6

Will be provide to all employees with @ least 5 employees, within 6 months of hire or promotion, provided by a qualified trainer

Question 7

Cal Warn notices mustbe provided under 3 types of evetns

Answer 7

Mass layoff
Relocation
Termiantion

Question 8

CA Law prohinbits applicant from asking

Answer 8

Salary History
Criminal Arrest History
Family History

Question 9

CA Law Reuires Hotels to provide what type of trianing

Answer 9

at least 20 minutes of human trafficking awareness

Question 10

California law requires specialized anti-harassment policies and/or training for employers in which industries?

Answer 10

Talent Agencies, Constructions, Janitorial

Question 11

E- Verify

Answer 11

is a generally a voluntary program for employers to verify employment eligibility unless under federal contract

Question 12

Constructive Discharge

Answer 12

Employers who make the working environment surrounding an employee so stressful and uncomfortable that the employee quits

Question 13

Termination durign a Leave

Answer 13

It can happen

Question 14

Offer Letters

Answer 14

Amount and basis of compensation, exempt/nonexempt status, and start date

Question 15

Outside of Entertainment Work Permits or being employed in a family business, California law permits minors to work at what age?

Answer 15

12 years

Question 16

Recent California law prevents what item from being included in settlement agreements?

Answer 16

No hire clause

Question 17

Entertainer Minor Permits

Answer 17

6 months or 10 days

Question 18

What compensation item must be provided upon reasonable request from an applicant?

Answer 18

Position Pay Scale

Question 19

When claim of harassment has been submitted, the employer is required to conduct a workplace investigation that provides

Answer 19

Interviewing of the victim, the alleged harasser, and any witnesses
Is timely, thorough, and confidential
Is properly documented

Question 20

All FEHA complaints must be submitted to the DFEH prior to filing a lawsuit. If the DFEH, for whatever reason, will not handle the claim, they will provide a:

Answer 20

Right to Sue letter

Question 21

A state contractor’s Drug-Free Workplace program must inform employees about:

Answer 21

The organization’s policy of maintaining a drug-free workplace

Question 22

In California, state contractors must comply with the requirements of the Drug-Free Workplace Act of 1990 by establishing a Drug-Free Awareness Program

Answer 22

1) the dangers of drug abuse in the workplace; 2) the person’s or organization’s policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and 4) penalties that may be imposed upon employees for drug abuse violations. The requirement is for information about the dangers of drug use in the workplace

Question 23

Who is held responsible for this child labor violation?

Answer 23

employer

Question 24

California employers must have a Permit to Employ and Work on file and available for inspection by school and labor officials at all times when:

Answer 24

The employee is under the age of 18 and has not graduated from high school or obtained a GED

Question 25

California employers must have at least _____ employees to be covered by the anti-harassment provisions of FEHA. (Fill in the blank)

Answer 25

1, For harassment cases only, an employer is any organization that regularly employs one or more people or regularly receives the services of one or more independent contractors.

Question 26

Who does the CA FEHA Cover?

Answer 26

Anyone who employs, or has employed, five (5) or more employees during twenty (20) or more calendar weeks within the calendar year preceding an alleged violation of the act. All public sector employers are covered, regardless of the number of employees they have.

Question 27

Whats the UTSA?

Answer 27

Uniform Trade Secret ACt

Question 28

What considers a Trade Secrete?

Answer 28

(1) Derives actual or potential economic value from not being generally known to the public or to other persons who can derive value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. An organization needs to take reasonable efforts to maintain the secrecy of information if it wants to best preserve its legal ability to protect that information.

Question 29

State Cosntracts awardded an organization must contain what ?

Answer 29

very state contract and subcontract for public works or for goods or services shall contain a non-discrimination clause prohibiting discrimination on the bases enumerated above by contractors or subcontractors.

Question 30

The covenant of good faith and fair dealings:

Answer 30

is implied automatically into every contract

Question 31

Under Cal WARN Act, mass layoff means?

Answer 31

A layoff during any 30-day period of 50 or more employees at a covered establishment.

Question 32

SB 1343

Answer 32

Supervisor ( 2hrs) & non- supervisor (1 hr) to be provide with ant harrassment training every 2 years

Question 33

SB 1343 Training must include wha?

Answer 33

Guidance of State and Federal laws, prevention and correction of it, remedies avaialble to the victums. Practical examples of harrasment, discrimination, and retaliation. How to report abusive conducts. Harassment based on sexual orientation, gender identity, gender expression.

Question 34

AB 253

Answer 34

Prevention of abusive conduct- conduct with malice, that reasonable person would fine hostile, offensive. Remarks, insults, verbala dn physical conduct. One single act woudl not cosntitute as abusive conduct unless its severe and egregious

Question 35

SB 396

Answer 35

Additonal trianing on gender identity, gender expression and sexual orientation.

Question 36

Whistleblower

Answer 36

Labor Code section 1102.5 provides that an employer may not make, adopt or enforce any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. An employee may also refuse to participate in an activity that would result in a violation.

Question 37

Violations of California child labor laws are punishable by

Answer 37

Child labor violations can result in significant files and possible jail time. The relevant body of knowledge core concept is that child labor law violations are serious and California employers should exercise due diligence to avoid them.

Question 38

When an employer performs its own background check regarding an applicant, which of the following steps is NOT required?

Answer 38

Obtain written consent in advance to perform the background check

Question 39

ICRAACalifornia Investigative Consumer Reporting Agencies Act -

Answer 39

When using an outside agency -Under California’s ICRAA, an employer is required to provide an applicant with an opportunity to request a copy of any report obtained by a third-party background-check service, but the employer is not always required to provide such a report to the applicant, as the applicant might elect not to request the report. A checkbox can be used for the applicant to indicate whether they are making such a request.
Obtain written consent in advance for the first background check report
c. Obtain written consent in advance for a second background check report
d. Provide written advance notice that the report may contain information about applicant’s character, reputation, personal characteristics, and mode of living

Question 40

FCRA

Answer 40

Fair credit Reportiing Act

Question 41

CCRAA-Consumer Credit Reporting Agencies Act

Answer 41

Requires employers who conduct a background check to provide a report within 7days unless the candidate waives their right. If the employer takes adverse action the candidate will have 5 days to explain or correct the information.

Question 42

When an organization hires an employee from a competitor, which one of the following precautionary steps would be the MOST effective to reduce the possible risks of successful litigation from the competitor for unfair competition?
Select one:

Answer 42

Place the employee in a job position that does not involve competition with the prior employer.

The most effective step to proactively prevent actual misappropriation of any protectable information is to place the employee in a position that really will not call upon them to use or disclose any such information.

Question 43

Which employees must receive the notice, if one is required, under the Cal WARN Act?

Answer 43

Under the Cal WARN Act, all employees of the covered establishment affected by the employer’s action, both full-time and part-time, must receive the notice (in addition to specified government officials)

Question 44

Which employers are covered by Cal WARN?

Answer 44

Cal WARN Act―California employers who operate a facility that has employed 75 or more individuals in the preceding 12 months are covered by the Cal WARN Act.

Question 45

Legal Practice durign the hirign stage

Answer 45

Drug test
Background investigation
Medical evaluations

Question 46

What are the exceptions to the California presumption of at-will employment?

Answer 46

An implied contract
Reasons against public policy
Covenant of good faith and fair dealing

Question 47

Termination Notices

Answer 47

Health Insurance Premium Payout (HIPP) Notice
COBRA Rights Notice
Change of Status Notice

Question 48

Which of the following most accurately states the objectives of workplace harassment training?

Answer 48

to change workplace behaviors and develop a set of supervisor values

Question 49

Sexual Harrassmnet is not reuiqred for

Answer 49

Does not apply to private employers that receive the services of less than 5 persons.

Question 50

Which written notice must be given immediately to employees of their discharge, layoff, leave of absence or change in employment status?

Answer 50

Notice to Employee as to Change in Relationship

Question 51

Workers in California restaurants under the age of 16 are not permitted to work in which of the following cooking areas?

Answer 51

Baking area