Employment Law and Ethics

Question 1

CA wage agency

Answer 1

CA Department of Labor Standards Enforcement

Question 2

CA wage law

Answer 2

CA Wage Orders

Question 3

US wage agency

Answer 3

US Department of Labor, Wage and Hour Division

Question 4

US wage law

Answer 4

Fair Labor Standards Act

Question 5

CA discrimination agency

Answer 5

CA Department of Fair Employment and Housing (FEHA)

Question 6

CA discrimination law

Answer 6

FEHA

Question 7

US discrimination agency

Answer 7

Equal Employment Opportunity Commission

Question 8

US discrimination law

Answer 8

Title VII

Question 9

CA safety agency

Answer 9

CA Division of Occupational Safety (DOSH/CAL OSHA)

Question 10

US safety agency

Answer 10

US Department of Labor, Occupational Safety and Health Administration

Question 11

CA minimum wage

Answer 11

Over 26 employees, $14.00. Under, $13.00.

Question 12

Federal minimum wage

Answer 12

$7.25

Question 13

CA vs Federal differences

Answer 13

Stricter on minimum wage, overtime requirements, rest/meal break requirements

Question 14

CA vs Federal Overtime

Answer 14

Both if over 40 hours a week; CA if over 8 hours a day

Question 15

CA vs. Federal Meal Break

Answer 15

No federal meal break. CA - 30 min unpaid break before end of fifth hour. If missed or late, meal break premium must be paid: 1 hour at regular rate of pay

Question 16

US safety law

Answer 16

OSH Act

Question 17

Vaccine mandate interaction with labor laws in CA

Answer 17

CA requires businesses to pay for cost of anything required of workers, including tests in lieu of vaccination

Question 18

Worker’s compensation

Answer 18

Ensures medical care/replacement of wages if injured/ill
Caps liability
Exclusive remedy for industrial injuries
Mandated by law for all employers

Question 19

Leaves of absence include

Answer 19

Vacation, sick leave, pregnancy leave, baby bonding, non-work injury, care for family, paid family leave

Question 20

Family medical leave rights

Answer 20

Set amount of leave, job protection (return to same or equiv. position), no loss of benefits or comp

Question 21

At will employment

Answer 21

Unless for specified term, employer can terminate for any reason

Question 22

Caveat to at will employment

Answer 22

Limited by public policy; can’t discriminate

Question 23

Wrongful termination

Answer 23

Discharge of employee in contravention of fundamental public policy, such as firing a whistleblower

Question 24

CA discrimination categories not included in federal law

Answer 24

Gender expression, religious grooming practices

Question 25

Quid pro quo sexual harassment

Answer 25

Employment decision conditioned upon sexual favor

Question 26

Hostile environment sexual harassment

Answer 26

Pervasive/severe unwelcomed sexual conduct altering work conditions, creating offensive work environment

Question 27

Liability for sexual harassment/discrimination

Answer 27

If harassment, employer liable if aware or if supervisor was harasser. If discrimination, employer liable. Employee personally liable for sexual harassment.

Question 28

Rationale for lack of employee liability in discrimination

Answer 28

Discrimination may be at management direction; company seen as having more ability to assume liability

Question 29

Disability discrimination arises when

Answer 29

an employee is hurt or sick

Question 30

Under disability discrimination law, employers have an obligation to

Answer 30

follow doctor's orders and provide reasonable accommodations

Question 31

Disparate impact discrimination

Answer 31

Discrimination without intent that has an unfair impact on a protected group.

Question 32

Retaliation in relation to state and federal law

Answer 32

Prohibited

Question 33

Retaliation

Answer 33

An employment action against an employee claiming sexual harassment or discrimination or answering questions in an investigation

Question 34

Profit maximization

Answer 34

Milton Friedman: Corporations' only social responsibility is to maximize profit.

Question 35

Long-term company interest

Answer 35

Social issues and impact are in long-term company interest.

Question 36

Triple bottom line

Answer 36

Financial, social, environmental

Question 37

Social responsibility pyramid

Answer 37

Profit -> Law -> Virtue -> Charity

Question 38

First step of analyzing ethical issue

Answer 38

Identify ethical issue

Question 39

Second step of analyzing ethical issue

Answer 39

Identify stakeholders

Question 40

Third step of analyzing ethical issue

Answer 40

Identify alternate solutions

Question 41

Fourth step of analyzing ethical issue

Answer 41

Identify consequences of solutions and use theory to evaluate ethical decision

Question 42

Federal test for employee categorization

Answer 42

Economically dependent on business

Question 43

Name of federal test for employee categorization

Answer 43

Economic realities test

Question 44

CA test for employee categorization

Answer 44

Any person who is suffered and permitted to work

Question 45

Why employee categorization matters

Answer 45

Determines whether business should pay for labor performed

Question 46

Why employee categorization matter

Answer 46

Determines whether business should pay for labor performed

Question 47

Factors determining whether person is IC or employee

Answer 47

Does IC perform integral part of customer's business? Permanency of IC's relation. Amount of investment in own equipment. Degree of control. Profit/loss. Competitiveness.

Question 48

ABC Test (CA) (3)

Answer 48

An IC must be free of company direction, working outside the customer's normal business, and operating an independently established business

Question 49

Why care about difference between IC and employee?

Answer 49

Employees pay taxes -- affects tax revenue. Competitors & labor unions are concerned because ICs lower bargaining power for min. wage, benefits, protection agst. injury.

Question 50

Gig economy example

Answer 50

Missing protections for gig economy workers