Functional Area #1: Compensation Wage/Hour 21% Flashcards

Question

Violations of wage orders should be reported to

Answer 1

DLSE/Labor Commissioner's Office

Answer 2

1. Executives, administrative, or professionals 2. ees working for the state, city, local govt 3. outside salespersons 4. parent, spouse, child of eer 5. individuals in a national svc pgm (AmeriCoprs)

Answer 3

1. applicability of order 2. definitions 3. hours and days of work 4. min wages 5. reporting time pay 6. licenses for disabled workers 7. records 8. cash shortage and breakage 9. uniforms and equipment 10. meals and lodging 11.meal periods 12. rest periods 13. change rooms and resting facilities 14. seats 15. temperature 16. elevators 17. exemptions 18. filing reports 19. inspection 20. penalties 21. separability 22. posting of order

Answer 4

Manufacturing INDUSTRY

Answer 5

Personal Svcs INDUSTRY ie. beauty and nail salons, health clubs

Answer 6

Canning, Freezing, and Preserving INDUSTRY

Answer 7

Professional, technical, clerical, mechanical OCCUPATIONS ie. accountants, bookkeepers, mechanics, doctors, nurses, lawyers, journalists, banks, insurance companies, newspapers, utilities

Answer 8

Pubic Housekeeping INDUSTRY ie. restaurants, hotels, apartment houses, hospitals, private schools, cleaning and groundskeeping, veterinary hospitals

Answer 9

Laundry, linen supply, dry cleaning and dyeing INDUSTRY

Answer 10

Mercantile Industry ie. wholesale, retail, rental businesses

Answer 11

Industries handling products after harvest

Answer 12

Transportation INDUSTRY ie. storing and warehousing of products or property and the parking, rental, maintenance, or cleaning of vehicles

Answer 13

Amusement and recreation INDUSTRY ie. theaters, amusement parks, golf courses, gymnasiums, bowling, race tracks

Answer 14

Broadcasting INDUSTRY

Answer 15

Motion picture INDUSTRY

Answer 16

Industries preparing agricultural products for market on the farm

Answer 17

Agricultural OCCUPATIONS

Answer 18

Household OCCUPATIONS companions, butlers, chauffeurs, housekeepers

Answer 19

Occupations in the on-site construction, drilling, logging, and mining

Answer 20

no ot rqd if ee doesn't work more than 54 hours and not more than 6 days in a workweek no double time rqd

Answer 21

max of 9 hours in a day or 45 hours in a week then OT applies live-in domestic workers who are not personal attendants OT over 9 hours per day, first 9 hours on 6th day and 7th consecutive day double time for 6th or 7th consecutive day

Answer 22

no weekly OT as long as ee doesn't work over 40 hrs / week or more than 6 days no double time rqd

Answer 23

OT over 40 hrs / week Double the employee’s regular rate of pay for all hours over 48 in the workweek over 16 hours = 2x over 48 hours = 2x

Answer 24

ambulance drivers and attendants who work 24 hour shifts and have 3 meal periods with an 8 hour sleeping period are not rqd to rcv OT

Answer 25

OT over 48 hours OT over 10 hours in a day

Answer 26

OT for the 9th and 10th hours of work in a day 2x pay over 10 hours

Answer 27

OT on 6th consecutive day of 1.5x

Answer 28

No OT for the 7tbh consecutive day when working 30 hours or less or less than 6 in a workday

Answer 29

1. for quantity or quality of work 2. violations or disciplinary action 3. tardiness

Answer 30

1. sickness 2. accident 3. military leave 4. jury duty 5. unavailability of work

Answer 31

1. FMLA 2. Pregnancy leave 3. workers comp leave 4. vacation/personal time 5. initial and final week of work

Answer 32

25% of ees disposable earnings or 50% of the amount by which weekly disposable income exceeds 40x min wage, whichever is greater 50% for child support when ee is supporting another child/spouse 60% for child support when ee isn't supporting spouse or child increased 5% if garnishment app;lies to a period that is more than 12 weeks prior for child support, 50%

Answer 33

nonexempt ees: at least twice each month exempt ees: at least once a month

Answer 34

waiting time penalty= regular rate of pay for 30 days max until wages correctly paid

Answer 35

no later than the 5th hour of the shift second meal break: no later than the 10th hour?

Answer 36

The Garment Workers Protection Act Garment Workers

Answer 37

one hour of pay at minimum wage *unless the ee already makes more than min wage and total is more than if they made min wage with the extra hour

Answer 38

When an ee works OT but instead of getting paid OT requests for the time off. For every hour of OT ee gets 1.5 hours of time off

Answer 39

1. Comp time must be at 1.5x regular rate of pay 2. must be a written agreement beforehand and ee can't accrue more than 240 hours of comp time 3. ee must rqst the use of comp time in writing

Answer 40

1, 3, 8, 10, 13, 14

Answer 41

employees are entitled to one day's rest in seven (except for when shift is 6 hours or less and 30 hours or less per week)

Answer 42

1. compnay presents a written proposal 2. company holds meetings at least 14 days before the vote 3. eer conducts a secret ballot. If more than 2/3 vote yes then it's approved 4. eer must register the Alternative Work week with the DIR's Division of Labor Standars and Research within 30 days

Answer 43

1. 1/3 ees petition to repeal 2. a secret ballot is held. If over 2/3 vote to repeal then no more alt workweek 3. once repealed, eer has 60 days to reply

Answer 44

California Online Privacy Protection Act

Answer 45

California Investigative Consumer Reporting Act ( CICRA) Fair Credit Reporting Act (FCRA)

Answer 46

1. positions with the Department of Justice 2. Executives 3. Law enforcement 4. where it is rqd by law 5. positions that require access to bank/credit card info, ssn, dob 6. when ee is a signatory on eers bank/cc 7. access to confidential/ proprietary info 8. regular access to $10k or more 9. financial institution ees

Answer 47

1. if the applicant would need to use a firearm 2. law prohibits a convicted ee even if it has been expunged, sealed, dismissed 3. eer is prohibited by law from hiring a convicted person

Answer 48

it's unlawful for eer to inquire or seek info regarding an arrest that wasn't a conviction, a conviction that has been sealed or expunged, a misdemeanor where probation is completed and the case was dismissed, or arrest where a pretrial diversion program was completed

Answer 49

"ban the box" prohibits eers of more than 5 ees from asking about a conviction history before making a job offer

Answer 50

The Joint Venture Program which implements the Prison Inmate Labor Initiative

Answer 51

Americans with Disabilities Act California Fair Employment and Housing Act

Answer 52

Federal or State govt agency

Answer 53

School in session: 8 hours on non-school days School not in session: 8 hours per day 40 hours per week

Answer 54

School in session: 3 hours on a school day not during school hours and 8 hours on non-school days max of 18 per week School not in session: 8 hours per day 40 hours per week

Answer 55

School in session: 4 hours on a school day and 8 hours on non-school day max of 48 hours per week School not in session: 8 hours per day 48 hours per week

Answer 56

After labor day through May 31: 7-7 June 1-Labor Day: 7-9

Answer 57

5am-10pm schooldays or days before a school day 5-12:30 am on days before a non-school day

Answer 58

agriculture, entertainment, newspaper delivery, homeworkers

Answer 59

1. standard six-month Entertainment Work Permit 2. a ten-day Temporary Entertainment Work permit.

Answer 60

1. must be 15 days - 16 years old 2. must never have applied for a six-month Entertainment Permit 3. not previously applied for a 10 day 4. there's a fee

Answer 61

Class A violations: most severe and deals with hazardous/dangerous conditions. Fine= #-$5k-$10k per violation. But if the minor is 12 or less, fines range from $25k-$50k! Class B violations: deals with work permits, the entertainment industry, and other health and safety violation not covered in class A. Fines = $500-$1k. Some violations are misdemeanors with fines up to $10k, 6 mos in jail, or both.

Answer 62

* I-9 Employment Eligibility Verif * W-4 federal and state tax * Workers’ Compensation Time of Hire Pamphlet: Personal Chiropractor or Acupuncturist Designation Form and Personal Physician Designation Form * Sexual Harassment Pamphlet (DFEH-185P) * EDD Disability Insurance Pamphlet (Form DE 2515) * Paid Family Leave Pamphlet (Form DE 2511) * Wage and Employment Notice to Employees (Labor Code section 2810.5) (Form DLSE-NTE). This form is only required for non-exempt employees * New Health Insurance Marketplace Coverage Options and Health Coverage Form (Form OMB No. 1210-0149) * General Notice of Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage rights (if 20 or more employees and employer offers health plan) * Rights of Victims of Domestic Violence, Sexual Assault and Stalking Pamphlet * Work Permit for Minors (if applicable) (CDE Form B1-4)

Answer 63

within 5 days

Answer 64

disability insurance Paid family leave unemployment insurance

Answer 65

nonexempt employees

Answer 66

When they have 2-19 ees and after a qualifying event occurs

Answer 67

5 or more with at least one in CA

Answer 68

unemployment state disability workforce investment labor market information programs collects and audits payroll taxes maintains employment records

Answer 69

When they have one employee who has been paid $100

Answer 70

$10k per ee

Answer 71

1. sale of business goodwill exception 2. dissolution of partnership exception 3. dissolution of LLC exception 4. common-law exception to protect trade secrets

Answer 72

Uniform Trade Secrets Act

Answer 73

Generally, no

Answer 74

Yes, only if they don't define the protected information too broadly

Answer 75

requiring ees from signing arbitration agreements

Answer 76

eers with 5 or more ees must train all ees in sexual harassment prevention within 6 mos of hire or promotion. rcv every 2 years must include training on: anti harassment abusive conduct gender identity, expression, and orientation RETAIN RECORDS FOR 2 YEARS

Answer 77

1. attorneys working 2+ years working in employment law under the FEHA or Title VII 2. Professors or instructors with 20 instruction hours or two+ years exp teaching about employment law 3. HR professionals with 2+ years handling claims of sexual harassment 4. trainers specializing in sexual harassment 5. HR or harassment prevention consultants with 2 years exp

Answer 78

AB 2338 requires talent agencies to provide: educational materials about sex harassment prevention, retaliation, and reporting to its artists educational materials regarding nutrition and eating disorders to adult artists within 90 days of agreeing to representation keep records for 3 years

Answer 79

AB 241 requires continuing education for physicians and surgeons to include curricula on implicit bias and bias-reducing strategies implicit bias training for nurses and physician assistants

Answer 80

Rights of civil service or public sector ees Pre disciplinary due process meeting The purpose of the Skelly rule is to allow employees an opportunity to respond to the charges and to request a reduction or elimination of the discipline. It also allows for an opportunity to check out the evidence that management has against the employee.

Answer 81

Janitor Survivor Empowerment Act training every other year in-person on sexual violence and harassment prevention training

Answer 82

SB 970 requires hotels and motels to provide at least 20 min of training related to human trafficking awareness within 6 mos of hire and every two years

Answer 83

HR ees working at a business with 5+ minors are mandated reporters under the Child Abuse and Neglect Reporting Act. supervisors must be trained to identify and report child abuse

Answer 84

California's Drug-Free Workplace Act

Answer 85

EERs may ask eers not to discuss an ongoing investigation when there is a legitimate and substantial business justification

Answer 86

1. witness protection 2. evidence could be destroyed 3. testimony at risk of being fabricated 4. to prevent a cover-up 5. serious threat that exists to the integrity of the investigation

Answer 87

1. W-2 ee that is trained to perform investigations 2. attorney 3. private investigator 4. off-duty peace officer

Answer 88

Cal WARN Act The Worker Adjustment and Retraining Notification

Answer 89

eers with a commercial/industrial facility that has eed 75+ ees in the last 12 mos and includes PT ees ees must've been employed at least 6 out of the 12 mos to be counted

Answer 90

1. Mass layoff of 50+ ees employed for at least 6 mos in the last 12 mos and lasts for 30+ days 2. Relocation of 50+ ees moving over 100 miles 3. Termination that affects 50+ ees provide notification 60 days prior

Answer 91

1. EDD Workforce Svcs Division 2. local workforce investment board 3. chief elected official of each city/county govt

Answer 92

1. faltering company (relocations/terminations only) 2. Unforeseeable bus circumstances (plant closing and mass layoffs) 3. physical calamity or act of war (plant closing and mass layoffs)

Answer 93

$500 max for each day of the violation pay and benefits of up to 60 days

Answer 94

Older Workers Benefit Protection Act

Answer 95

1. ee willfully breaches on of their employment duties 2. ee is habitually neglectful of their duties 3. ee is unable to perform their duties

Answer 96

type of monetary award intended to make the ee whole again. ie. missed wages, back pay, emotional distress or mental suffering.

Answer 97

monetary punishment ordered by the court

Answer 98

when the eer's conduct forces an ee to resign

Answer 99

severance agreement

Answer 100

The agreement should cite section 1542 and state that the ee is waiving unknown claims otherwise, the ee can bring claims they didn't know of at the time at a later date

Answer 101

that the ee is 1. waiving claims for age related discrimination 2. receiving consideration in exchange for their waiver 3. can obtain legal counsel prior to signing 4. not releasing claims that arise after signing agreement 5. 21 days to consider signing 6. may revoke the severance at any time within 7 days of signing

Answer 102

1. the ee has up to 45 days to consider signing 2. ee has up to 45 days to consider the eligibility info presented in the agreement

Answer 103

1. language stating that the agreement does not prohibit the ee from filing charges or reporting violations to law enforcement 2. if releasing rights to workers' comp, it must be signed by a WC judge

Answer 104

Patient Protection and Affordable Care Act PPACA

Answer 105

Covered California for Small Business (CCSB) must have at least 70% ees participating over 50% of ees need to live in CA eers rqd to contribute 50%

Answer 106

with the California Secretary of State File a Declaration of Domestic Partnership Form

Answer 107

the California Insurance Equality Act *the only exemption is for employers who self-insure

Answer 108

The California Continuation Benefits Replacement Act extends COBRA benefits to non-govt orgs in CA with 2-19 ees

Answer 109

at least 20 ees 18 mos

Answer 110

up to 36 mos

Answer 111

ees who are at least 60 years old and worked for at least 5 years with their last eer are entitled to an extension of at least 5 years

Answer 112

1. until they accept another health plan 2. stop participating in a health plan 3. accept Medicare, or are 65 years old

Answer 113

within 60 days eer must mail the notification within 30 days

Answer 114

Cal-COBRA 110%-150% of the group rate COBRA up to 102%

Answer 115

California's Health Insurance Premium Payment (HIPP) for qualified beneficiaries with full scope Medi-Cal coverage.

Answer 116

Cal Savers

Answer 117

5 or more ees

Answer 118

Roth IRA 5% of gross pay

Answer 119

$250/ ee if the eer doesn't comply within 90 days of receiving a notice $500/ ee if eer doesn't comply within 180 days

Answer 120

provides paid sick leave for most ees who work at least 30 + days in California (ft, pt, exempt, non exempt) can use on their 90th day of employment can limit to no more than 24 hours/3 days per year unused carries over bu you can limit it to 48 hours/six days all employers regardless of size

Answer 121

1. all at once/up front 2. accrued at no less than 1 hour per 30 hours worked 3. accrued so that ee has at least 8 hours by the 120th day 4. In an Alt Work schedule of 4/10's should receive 30 hours 5. ees who work less than 8 hour days 24 hours/4 days

Answer 122

1. can limit use to after 90 days of employment 2. accrual cap of 48 hours/year 3. limit these of paid sick leave to 24 hours per year

Answer 123

1. child 2. parent (step, in-law, etc.) 3. spouse (including domestic partner) 4. grandparent 5. grandchild 6. sibling

Answer 124

The Labor Commissioner's guidelines put this limit at 1.75x ees annual rate of accrual

Answer 125

if an employer provides employees paid sick leave employees can use for specific reasons, the employer must allow an employee to use a portion of that leave to care for or assist a family member for covered reasons. designated person, sick child, parent, spouse, registered domestic partner, or child of a registered domestic partner

Answer 126

ees can be given as much time as needed to vote, but only a max of 2 hours is paid. eers must post the notice at least 10 days prior to the election ees must notify their eer at least 2 days b4 election of the need for time off

Answer 127

on their first day of hire

Answer 128

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Answer 129

one of the most protective ee rights laws. It prohibits discrimination against ees in the military, who've served in the military or take leave to serve in the military. Requires eers to reinstate ees who take up to 5 years off for service with all the promotions, raises, and benefits they would've rcvd had they not left. ee can't be terminated, other than for cause, for 180 days after returning (if leave was between 30-180days) or for 1 year if the leave was over 180 days

Answer 130

17 days of unpaid leave

Answer 131

The Fair Employment and Housing Act

Answer 132

The California Family Rights Act ees are entitled to 12 weeks of unpaid job-protected leave for their own serious health condition, to care for a family member or bond with newborn or newly adopted child.

Answer 133

5, employed for at least 20 work weeks in a calendar year. Independent contractors not included ees for the state, counties, cities are covered regardless of number of ees

Answer 134

No, because California has Pregnancy Disability Leave

Answer 135

employed for at least 12 months (not needed to be consecutive) worked at least 1250 hours in the last 12 mos

Answer 136

not subject to the 1250 hour rqmt as long as they have 12+ mos of service w/ eer, have worked for 60% of the monthly guarantee, and worked for a min of 504 hours in the last 12 mos

Answer 137

Within 5 days of an eer learning the ee has a qualifying event

Answer 138

1. CA eer can only contact medical provider to authenticate the medical cert 2. CA eers can't rqr a second opinion unless it has a good faith objective reason 3. CA eers can't rqst a second opinion for a family members medical condition

Answer 139

eers with 5+ ees ees are entitled to up to 4 mos of protected job leave when they become disabled due to pregnancy, childbirth, or related issue. This equates to 17 1/3 weeks/88 days for a full-time ee eligible upon hire limit per pregnancy

Answer 140

Department of Fair Employment and Housing (DFEH)

Answer 141

By applying for State Disability Insurance

Answer 142

Provide the ee with the Pregnancy Disability Leave notice

Answer 143

eers with at least 15 ees are required to comply ee can rcv up to 10 days off in one year to fulfill their duty with the Civil Air Patrol A single leave can't last more than 3 days To be eligible, ee must be employed for 90 days, be a volunteer for the CA Wing of the civilian auxiliary of the US Air Force Civil Air Patrol, be responding to an emergency, provide certification

Answer 144

eers with 15+ ees entitled to paid leave up to 30 days once in a year AB 1223 provides an additional 30 days of unpaid leave where they are eligible to collect PFL or SDI Can't be taken concurrently with CFRA/FMLA. This type of leave would start after Organ Donation leave is exhausted worked at least 90 days

Answer 145

eer with at least 15 ees entitled to 5 paid days of leave one time per year Can't be taken concurrently with CFRA/FMLA. Can use CFRA/FMLA leave once bone marrow leave is exhausted worked at least 90 days

Answer 146

25+ ees allows ees time off to participate in school activities for no more than 40 hours in one year and no more than 8 hours in a month Parents with the same eer rqd to share this time

Answer 147

25 ees work at least 20 hours/week be a spouse of a qualified svc member provide notice within 2 bus days of deployment notice provide docs to certify deployment up to 10 days Military Spouse Leave allowed

Answer 148

25+ ees eers must accommodate an ee who enters drug/alcohol rehab as long as it doesn't create an undue hardship for the eer Under the ADA, recovering addicts are protected from discrimination but current drug abusers are not runs concurrently with FMLA and CFRA

Answer 149

26+ ees entitled to time off to seek medical attention, obtain svcs from a domestic violence shelter, etc FMLA/CFRA can run concurrently

Answer 150

50 ees can take 14 days off per year

Answer 151

Yes, in most cases

Answer 152

No, CFRA doesn't cover PDL. PDL runs concurrently with FMLA. Once the child is born and ee is cleared to work by their doctor, then they stop PDL and are on CFRA leave for bonding time

Answer 153

FMLA and CFRA

Answer 154

1. SDI PFL UI work sharing Workers comp

Answer 155

ministers school districts local gvt personnel state ees prayer for healing performing domestic service

Answer 156

52 weeks range from $50-$1216 60-70% of wages earned 5-18 mos prior to claim

Answer 157

all ees covered rcv 60-70% of wages for 8 weeks in 12 mos if rcvg SDI, UI, or workers comp they are ineligible for PFL an ee on PDL can collect SDI until cleared, then can rcv PFL while on CFRA

Answer 158

an alternative to layoffs 7-day waiting period for benefits to kick in intermittent, seasonal, temp ees , corporate officers or major stockholders not eligible

Answer 159

one ee covered on the first day of work non-us citizens, casual workers, paid interns, minors are also included

Answer 160

Stipulations with Request for Award (stips)- ee rcvs temp/perm disability payments and rcvs medical care Compromise and Release (C&R)- lump sum payment

Answer 161

a Qualified Medical Evaluator physicians who are certified by the DWC medical unit to examine injured workers, evaluate disability, and write medical-legal reports QME's include: MD's, dr of osteopathy, chiropractor, dentist, optometrist, podiatrists, psychologists, acupuncturists

Answer 162

1. Regular work for at least 12 mos with same wages/benefits 2. Modified Work: must comply with ees work restrictions, last at least 12 mos, pay at least 85% of wages/beneftis 3. Alternative work: meet ees work restrictions, last at least 12 mos, pay at least 85% and be a reasonable commuting distance ee must accept or reject offer within 30 days

Answer 163

Workers' Compensation Appeals Board 7 members appointed by the Governor and confirmed by the Senate Has power to grant reconsideration any time within 60 days after filing of a final decision must act on a petition within 60 days

Answer 164

Notice to Employees failure to post is a misdemeanor penalty up to $7k

Answer 165

Workers' Compensation claims administrator report to the California Department of Insurance for investigation

Answer 166

The Uninsured Employer's Benefit Trust Fund (UEBTF)

Answer 167

The California Division of Occupational Safety and Health aka Cal/OSHA a division of the DIR DOSH sets the standards for workplace safety

Answer 168

General Industry Safety Orders (GISO)

Answer 169

California's Governor's Office of Emergency Services (OES) It is the lead state agency for emergency management in CA

Answer 170

Four phases of emergency management: 1. Preparedness 2. Response 3. Recovery 4. Mitigation

Answer 171

Targeted Inspection and Consultation Program (TICP)

Answer 172

Injury and Illness Prevention Program describes eers responsibilities in establishing, implementing, and maintaining an IIPP. Outlines steps that can be taken to develop an effective pgm that helps assure the safety and health of ees on the job every eer must have one and be in accord with the General Industry Safety Orders

Answer 173

1. record each fatality, injury, or illness 2. Prepare an Injury and Illness Incident Report (Form 301) or a DLSR Form 5020 3. Record injury/illness on Cal/OSHA Log of Occupational Work-Related Injuries and Illnesses Form 300 4. Rvw annually, post Cal/OSHA Form 300A Summary of Work-Related Injuries and Illnesses no later than 2/1 through 4/30

Answer 174

all fatalities and serious injuries and illnesses in CA must be reported by phone or online at the DOSH site no later than 8 hours after incident report to Cal/OSHA when: 1. There is a 24-hour hospital stay other than under observation or diagnostic testing 2. an ee suffers a loss of member or dismemberment of body or 3. there is permanent disfigurement

Answer 175

1. ee name 2. ee add 3. ee dob 4. ee doh 5. gender 6. name of dr 7. location where treatment was provided 8. if ee was treated in the ER 9. if ee was hospitalized overnight

Answer 176

1. 250+ ees 2. 20-249 ees in specific industries listed in Appendix H of Cal/OSHA's regs deadline for submission is March 2nd

Answer 177

at least 1 year ees with fewer than 10 ees may elect to maintain inspection records until hazard is corrected

Answer 178

1. Post the Safety and Health Protection on the Job Cal/OSHA poster 2. post a list of emergency phone numbers 3. eers using hazardous substances are required to post the Access to Medical and Exposure Records notice 4. Whistleblower Protections notice in larger than size 14 font 5. non smoking signs

Answer 179

until the violation has been corrected or for three working days, whichever is longer

Answer 180

The Hazard Evaluation System and Information Services (HESIS)

Answer 181

1. Opening conference 2. walk around 3. exit conference 4. closing conference

Answer 182

OSHAB Appeal Form 100 no later than 14 working days of the date citation issued

Answer 183

Supporting docs Citation and Notification of Penalty All citation items Notice of Proposed Penalties submit by mail or online

Answer 184

The Corporate Criminal Liability Act CCLA

Answer 185

Repetitive Motion Injuries (RMI) Standard

Answer 186

a worksite evaluation control of exposures that have caused RMI's ee training

Answer 187

Cumulative Trauma Disorders (CTDs)

Answer 188

eers who are awarded contracts or grants from any state agency

Answer 189

The Wireless Telephone Automobile Safety Act

Answer 190

1. Train ees and supervisors 2. provide 1 qt of fresh, cool water per hour 3. provide access to shade when temp over 80 and encourage cool-down rest for at least five min 4. written procedures for complying with Cal/OSHA Heat Illness Prevention Standard

Answer 191

1. ensure effective communication on the worksite to alert of any issues 2. observe ees for alertness and signs of heat illness 3. designate ee as authorized to call for emergency svcs 4. remind ees to drink water 5. pre-shift meetings to rvw high heat procedures 6. for ees in agriculture: 10 min coll-down break every 2 hours or as needed Industries: agriculture construction landscaping oil and gas extraction transportation or delivery

Answer 192

Requires that construction eers with ees working at sites in areas where valley fever is high (20/100,000 per year) in activities that disturb the soil must provide training.

Answer 193

all hazardous materials are required to have: pictograms a signal word hazard and precautionary stmts product identifier supplier ID

Answer 194

Safe Drinking Water and Toxic Enforcement Initiative prohibits business from discharging toxic chemicals into sources of drinking water and requires businesses to give a clear warning re chemicals listed by the stat as causing cancer or reproductive harm applies to bus with 10+ ees

Answer 195

designated public officials or private citizens can enforce civil penalties up to $2500 per day per violation as an incentive, the person who reports violation is entitled to 25% of the penalty collected

Answer 196

written notice must be provided within 15 days of receiving info on presence of asbestos another notice must be given if eer obtains now info within 90 days of the first notification letter

Answer 197

annually new ees must rcv within 15 days of hire failure to comply $1k or a year in jail or both

Answer 198

administered by the Division's Amusement Ride and Tramway (ART) unit. Every year owners of temp amusement rides are required to submit an application for a permit to operate by 3/1 if operating before 3/1 then the app must be submitted 10 days prior to operating

Answer 199

require that certain types of hospitals, adopt workplace violence prevention plans as part of the IIPP 1. Facilities that must comply: 2. Health 3. home health care and home based hospice 4. emergency med services, med transport 5. drug treatment programs 6. outpatient medical svcs to the incarcerated

Answer 200

Type 1: threats or assaults resulting in injury or fatality during the commission of a robbery or other crime Type 2: acts of violence committed by someone who rcvs an object/svc Type 3: workplace violence caused by an individual who has some employment-related involvement with the workplace

Answer 201

Available to ees that need victims leave for judicial proceedings related to specified serious crimes or leave for any proceeeding involving civtims rights 1 ee

Answer 202

EDD program funded through ee payroll deductions 1 ee

Answer 203

Requires utlizing Form I-9 to prove ees identity and work eligibility 1 ee

Answer 204

Paid sick time available for CA ees 1 ee

Answer 205

Training required for hotel ees 1 ee

Answer 206

available for parents/guardians who need to appear on their child's behalf in connection with disciplinary action 1 ee

Answer 207

Available for firefighters and emergency personnel to take time off for emergency purposes 1 ee

Answer 208

Requires all eers to provide each ee with a written notice containing specified information at the time of hire 1 ee

Answer 209

Requires hospitals and other specified health care eers to adopt a worplace violence prevention plan 1 ee

Answer 210

Prohibits harassment based on any state or federally protected statuses 1 ee

Answer 211

Prohibits wage discrimination based on gender, race, or ethnicity 1 ee

Answer 212

required as a general plan to keep the workforce free from work-related inuries and illnesses 1 ee

Answer 213

Wage replacement program for ees caring for ill family members or baby bonding 1 ee

Answer 214

Requires Ca eers to provide sexual harassment prevention training to all ees 5 ees

Answer 215

Prohibits eers from asking applicants about or using criminal history to make hiring decisions until after a conditional offer has been made public and private sector eer with 5 ees

Answer 216

Requires eers to enroll in the State's Cal Savers pgm or an applicable retirement savings account 5 ees

Answer 217

Provides medical leaves of absence for an eer or their qualified family members 5 ees

Answer 218

Requires eers to provide time off to parents'guardians to attend school activities and conferences 25 ees

Answer 219

Requires govt contractors and subcontractors to develop written plans on attracting and employing diverse labor forces 50 ees

Answer 220

Provides medical leaves of absence for an ee or their qualified family members 50 ees for 20+ weeks p/t, f/t, leaves of absence all counted all public eers in CA are covered by FMLA and CFRA regardless of size all private elementary and secondary schools are covered by FMLA regardless of size

Answer 221

Requires eers to offer health care benefits to their full-time ees 50 ees

Answer 222

Provides time off for ees to receive firefighting or emergency services training 50 ees

Answer 223

Requires eers to provid enotices to ees affected by mass layoffs or plant closures 75 ees

Answer 224

Required: * Policy Against Harassment, Discrimination and Retaliation (including Investivation and complaint procedures) * FMLA policies * Reasonable Accommodation for EEs disabled by pregnancy, pregnancy disability leave or transfer Recommended: * employment at-will * meal and rest breaks * reasonable accommodation for persons with disabilities * arbitration agreements * confidentiality agreements * severance agreements

Answer 225

The Fair Employment and Housing Act

Answer 226

requires a domestic general corporation (or foreign with principle offices in CA) to have a min of: 2 female directors if there are 5 directors 3 female directors if there are 6+ directors

Answer 227

1. annual gross revenues over $25m 2. buys, receives, or sells the personal information of 50k+ consumers or households, or 3. earns more than half of its annual rev from selling consumers' personal info

Answer 228

granted consumer's right to know, access, and the ability to request deletion of their data. It also clarifies that those rights apply to ees, contractors, emergency contacts, and dependent/spouses of ees

Answer 229

* prohibits eers from restriciting ees from discussing their wages and the wages of their coworkers * doesn't allow prior salary history to be a basis for current pay offer Prohibits wage discrimination based on gender, race, ethnicity

Answer 230

requires any person, agency, or organization doing business in Ca to notify any affected persons of a data breach

Answer 231

First name or first initial and last name when used in combination with: 1. ssn 2. driver licnes number or ca id number 3. account number, credit, debit card number when used with any passcode, password, or access code that would allow an individual access to these accounts

Answer 232

Non-compete lagnuage or other terms that are unenforceable in CA and that interfere with a company's ability to recruit top talent

Answer 233

When an ee assigns to the organization all rights the ee has to inventions and ideas generated through the employment with the organization

Answer 234

information which is valuable because it is unknown to others, and the owner has attempted to keep it secret. Protected for 3 years

Answer 235

customer lists markeing information inventions software formulas recipes non-public information

Answer 236

A company must disclose to what extent it: 1. engages in verification of product supply chains to evaluate and address risks of human trafficikng and slavery 2. audits suppliers 3. suppliers must cerfity that materials aren't a prodcut of slavery and human trafficking 4. has accountability standars for those that don't meet law 5. ee and managment training

Answer 237

Private Attorney General Act (PAGA)

Answer 238

1. 75% penalties collected go to the Labor and Workforce Development Agency (LWDA), 25% goes to the ee 2. ee suing entitled to atty fees 3. one year statute of limitations

Answer 239

1. Category 1: violations of Labor Code provisions under code section 2699.5. Contains most vilations in wage and hour labor laws 2. Category 2: Health and Safety Violations 3. Category 3: all other Labor Code violations

Answer 240

Most PAGA violations have specified penalties. In cases where one is not set it is: * $100/ee per pay period for an intiial violation * $200/ee per pay period for each addtl violation

Answer 241

Required for eers using hazardous/toxic substances.

Answer 242

Any contract for public work shall post a copy of the prevailing wage determination for each craft, classification, or type of worker needed

Answer 243

Informs non-union ees who are required by a union contract to pay dues that they may refuse to pay dues that do not support collective bargaining, contract administration, or grievance adjustment.

Answer 244

Workers on certain prjects must be paid not less than the prevailing min wage. Organizations employing individuals with disabilities under special min wage certificates authorized by the FLSA, McNamara-O'Hara Service Contract Act, and/or the Walsh Healy Public Contracts Act shall also display a separate poster.

Answer 245

Federal law that established prevailing wages on public works projects. Every employer performing work covered by the act (federal or federally financed construction projcts)

Answer 246

Required for eers who use e-verify

Answer 247

required for eers who use e-verify.

Answer 248

Required for all Workers' Comp Self -Insured EERS

Answer 249

Required for on-sale genral public licensees under the Alcoholic Beverage Control Act, adult or sexually oriented businesses, primary airports, intercity passegner or light rail stations, bus stations, truck stops ERs, urgent cares, farm labor contractors, privately owned job recruitment centers, roadside rest areas, bueinesses that offer massage or bodywork.

Answer 250

Licensed farm labor contractors must display pay rates where work is performed and on all vehicles used by the licensee for trasnportation of ees

Answer 251

Required for operating forklifts, industrial trucs and tow tractors, and agriculture or industrial tow tractors

Answer 252

Healthy Workplaces Healthy Families Act

Answer 253

Payday Notice

Answer 254

Safety and Health Protection on the Job

Answer 255

Notice to Emplyees-Injuries Caused by Work

Answer 256

Whistleblower Protection size 14 font civil penalty up to $10k per violation

Answer 257

California Law Prohibits Workplace harassment or discrimination

Answer 258

Notice to Employees- UI, SDI, PFL

Answer 259

Time Off to Vote

Answer 260

Your Rights Under USERRA

Answer 261

Inspection by Immigration

Answer 262

Transgender Rights in the Wrokplace

Answer 263

Family Care & Medical Leave & Pregnancy Disability Leave

Answer 264

Summary of Occupational Injuries and Illness

Answer 265

Equal Employment Opportunity is the Law 15+ ees

Answer 266

1. For Your Benefit Pamphlet 2. Notice to Empllyee as to Change in Relationship 3. New Health Insurance Marketplace Coverage Options and Your Health Coverage 4. Cal-COBRA , HIPPAA 2-19 ees 5. Notice to Terminating Employees: Health Insurance Premium Payment (HIPP) Programs 6. 401(k) Plan Information

Answer 267

For Your Benefit Pamphlet

Answer 268

Notice to Employee as to Change in Relationship

Answer 269

New Health Insurance Marketplace Coverage Options and Your Health Coverage

Answer 270

Cal-COBRA & COBRA, HIPAA

Answer 271

Notice to Terminating Employees: Health Insurance Premium Payment (HIPP) Programs

Answer 272

401(k) Plan Information

Answer 273

1. Job injuries causing loss of work time= 5years 2. Pension & Welfare Plans = 6 years 3. Safety & Toxic Chemical Exposure = 30 years

Answer 274

30 calendar days

Answer 275

1. records relating to the investigation of a possible criminal offense 2. letters of reference 3. ratings or reports or records that were obtained prior to the ees employment 4. records obtained in connection with a promotional exam

Answer 276

1x per year eers can also limit the number of requests to 50 per month

Answer 277

21 calendar days after request was made

Answer 278

DFEH Department of Fair Employment and Housing

Answer 279

to protect Californians from employment, housing, and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the country

Answer 280

private, public, and all state and local governments

Answer 281

Fair Employment and Housing Act (FEHA)

Answer 282

anyone who employs, or has employed, 5+ ees in 20+ calendar weeks within the calendar year preceding an alleged violation. Includes all public sector peers, regardless of ee count. Also, eers outside of CA that have 5+ ees with at least one in CA are covered with regards to harassment only, an eer is any org that regularly employs 1+ ee or regularly receives services of 1+ independent contractors

Answer 283

1. state prima facie case that indicates discrimination showing they are a member of a protected class 2. show that the eers decision adversely impacted their employment 3. Provide evidence that the person was treated differently than others not in a protected category 4. show that there is a link between the different treatments and the protected category

Answer 284

refers to when a person is treated differently from others. The different treatment is based on one or more of the protected factors and is intentional

Answer 285

employment practices or procedures result in unintentional discrimination as applied to a protected group rather than an individual

Answer 286

FEHA's ban the box

Answer 287

eers with 5+ ees only Supervisors: 2 hours every 2 years or within 6 mos f hire/promotion all other ees: 1 hour every 2 years or within 6 mos of hire

Answer 288

With the DFEH within 3 years hate crimes, threats and intimidation 1 year

Answer 289

when an ee needs a reasonable accommodation the eer should initiate the interactive process which is an individualized assessment of 1. the job requirements and 2. the specific limitations of the individual that are directly related to the need for accommodation

Answer 290

requires eers with 5+ ees to post notice regarding transgender rights and requires eers to provide training

Answer 291

discrimination on the basis of natural hair

Answer 292

if the eer can demonstrate that: 1. the person is unable to perform the essential job functions and no reasonable accommodation exists 2. the person would create an imminent and substantial danger to themself or others and no reasonable accommodation can be made to remove or reduce the danger

Answer 293

National Labor Relations Act NLRA

Answer 294

Meyers-Milias-Brown Act

Answer 295

prevent private eers from controlling or restricting ees from participating in political actions or activities

Answer 296

up to one year

Answer 297

The DFEH requires individuals to exhaust their admin remedies by filing a complaint and obtaining a right to sue notice

Answer 298

1. seniority system 2. merit system 3. a system measuring earning by quantity or quality of production 4. a differential based on any bona fide factor other than sex, such as education, training, or experience

Answer 299

1. entering any nonpublic areas of a worksite if the agent doesn't have a warrant and/or 2. accessing, reviewing, or obtaining the eers ee records without a subpoena or warrant, with the exception of I9 forms and other docs for which Notice of Inspection has been provided

Answer 300

One Year: for bounced checks or failing to provide access to payroll or personnel records Two years: for a violation of an oral promise to pay more than min wage Three years: for violations of min wage, OT, unpaid rest and meal breaks, sick leaves, illegal deductions from pay or unpaid reimbursements Four Years: for a violation of a written contract

Answer 301

1. notice of claim 2. preparing for the settlement conference 3. settlement conference 4. hearing 5. potential appeal

Answer 302

1. Notice of Unemployment Insurance Claim Filed (eers respond within 10 days) 2. Notice of Determination/Ruling (appeals within 30 days) 3. Notice of Wages Used for Unemployment Insurance Claim (respond within 15 days) tells eers how much will be charged to their unemployment account 4. New EE Registry (eers respond within 10 days) 5. Benefit Audit (eers respond within 10 days) 6. Request for Additional Informaiton: (respond within 10 days)

Answer 303

DFEH must be filed within 3 years eer must respond within 30 days

Answer 304

1. disability discrimination 2. failure to provide a reasonable accommodation 3. failure to undertake the interactive process of accommodation 4. failure to prevent discrimination 5. wrongful termination in violation of public policy

Answer 305

1. public sector ees who are protected by civil service laws 2. ees represented by unions and covered by a collective bargaining agreement 3. ees who have written employment contracts requiring good cause of r termination 4. ees whose eers have said or done things that overcome the presumption of employment at will

Answer 306

No, it is an employment at will state

Answer 307

ees who are covered by the US Dept of Transportations drug testing regulations or who work in safety-sensitive positions

Answer 308

1. worker is free from control and direction 2. worker performs work that is different 3. engaged in an independently established trade/occupation that is similar to the work being performed by the hiring entity eers can't have ees and contractors performing the same work

Answer 309

Borello Test (manner and means test)

Answer 310

1. Insurance /financial svcs industries: licensed insurance agents/brokers, underwriter inspections, premium audits, risk mgmt, loss control 2. licensed physicians, surgeons, dentists, podiatrists, psychologists, veterinarians 3. licensed lawyers, architects, landscape architects, engineers, private investigators, accountants 4. direct salespersons 5. manufactured housing salespersons 6. commercial fishermen 7. competition judges like umpires and referees for amateur sports

Answer 311

1. marketing consultants 2. HR consultants 3. Travel agents 4. graphic designers 5. grant writers 6. fine artists 7. IRS agents 8. payment processing agents through independent sales orgs

Answer 312

1. still photographers, photojournalists, videographers, photo editors 2. Freelance writers, editors, copy editors, translators, illustrators, newspaper cartoonists 3. freelance content contributors, advisors, producers, narrators, cartoprapher

Answer 313

1. They set their own rates, process their own payments, and are paid directly by their clients 2. set their own hours and have sole discretion to decide the number of clients and which clients for whom they will perform services 3. have their own book of business and schedule their own appointments 4. maintain their own business license 5. issue a Form 1099 to the business owner to which they rent their business space

Answer 314

1. performers teaching a master class of one week or less 2. real estate appraisers 3. registered professional foresters

Answer 315

1. person has a bus location 2. if required, has a bus license 3. sets or negotiates rates 4. sets own hours 5. performs same type of work for other hiring entities 6. person exercises discretion and independent judgement in the performance of the services

Answer 316

Drivers can 1. select their own dates, times, hours of work 2. free to reject assignments 3. perform services for other companies 4. not restricted from performing any other kind of work

Answer 317

1. minimum earning guarantee of at least 120% of min wage 2. healthcare subsidies for those driving 15 hours/ week or more 3. expense reimbursements of 30 cents per mile 4. insurance to cover on the job injuries

Answer 318

$5k-$15k for each violation $10k-$25k for a pattern of violations

Answer 319

at least 2 years

Answer 320

1. arrests that didn't result in conviction 2. expunged, sealed, or dismissed convictions 3. referral to a pre-trial or post-trial diversion program 4. misdemeanor marijuana possession convictions 2+ years old 5. convictions by juvenile courts

Answer 321

arrests where the applicant is out on bail or released on personal recognizance pending trial

Answer 322

1. notify applicant in writing and include the convictions and records 2. allow applicant to submit evidence about the accuracy of the conviction or offer evidence of rehabilitation or mitigating circumstances 3. 5 bus days to respond 4. if applicant is disputing they get an additional 5 days to respond 5. If you still don't want to hire, then inform applicant in writing, include any appeal options, and the ability to contact the DFEH Under the FEHA eers must: 1. provide applicant with notice of conviction 2. an opportunity to show the conviction information is factually inaccurate If the applicant is in an FEHA protected category you must also show the conviction is job related and rejection is bus necessity and must consider the following: 1. nature and gravity of offense 2. time that has passed 3 nature of the job

Answer 323

Ban the box law imposes a PROCESS requirement for criminal background inquiries and how criminal conviction information must be handled FEHC regulations impose a CONTENT rqmt that if challenged, eer can prove the criminal conviction is job related and that rejection of an applicant with such a conviction is a bus necessity when the applicant is in a protected class

Answer 324

after applicant has completed an initial interview

Answer 325

1. tests cant' detect medical/mental disorders 2. tests that measure aptitude are validated and measures a skill that is required to perform the job 3. can't be required to pay for test

Answer 326

a written request stating that the person is not required to take the test.

Answer 327

prohibits eers from requiring or requesting an applicant to take a polygraph, except for applicants for positions with armored car, guard and alarm companies, and pharmaceutical manufacturers and distributors

Answer 328

1. managers who are exempt from OT 2. sworn law enforcement 3. when required by law 4. require regular access to bank/credit card info, ssn, and dob 5. when ee is a signatory 6. access to trade secrets 7. regular access to cash totaling $10k+

Answer 329

federal Fair Credit Reporting Act FCRA California's Investigative Consumer Reporting Agencies Act ICRAA

Answer 330

1. provide a written disclosure prior to obtaining the report 2. obtain a signed auth 3. certify to the reporting agency that all rqd disclosures were made, auth obtained, and information provided will be used lawfully 4. if candidate requests a copy, send a free one within 3 days. If they didn't rqst a copy and it contains neg info, b4 taking adverse action give candidate a copy, a statement of rights under FCRA, and a notice of your intent to take adverse action. Provide applicant with enough time to challenge. 5. after a reasonable amount of time to dispute has elapsed, provide candidate with a notice for taking adverse action.

Answer 331

Aside from position held, date of hire 1. if they would rehire ee, and if no 2. if it is because of sexual harassment a candidate cant sue a former eer for defamation for providing truthful information during a reference check

Answer 332

1. the exam is related to the job and consistent with bus necessity 2. all new hires in the same job classification are required to undergo same exam a conditional job offer can only be withdrawn if results show candidate can't perform essential job functions

Answer 333

1. W4 2. EDD EES withholding allowance cert 3. EDD state disability insurance pamphlet 4. EDD PFL pamphlet 5. Department of Fair Employment and Housing sexual harassment information pamphlet 6. Workers comp information pamphlet 7. NOtice of consolidated omnibus budget reconciliation act (COBRA) rights 8. Notice of rights of victims of domestic violence, sexual assault, and stalking (25+ ees)

Answer 334

Mandatory for federal contractors and subcontractors

Answer 335

as long as the ee is employed, and then 3 years from date of hire or one year from date of termination, whichever is longer.

Answer 336

7 days if the change is reflected on another doc like a paychecks tub etc a separate notice isn't required. EES exempt from OT and ees in a collective bargaining agreement that specifies 1. wages, hours, and working conditions, 2. provides an OT premium, 3. provides a regular hourly wage of at least 30 % over state min wage don't need to be notified

Answer 337

1. how comm is computed 2. when comm is earned 3. if there's a draw, will it be applied to future comm 4. will chargebacks for returned items be applied against future comm? which comm will ee be entitled upon termination

Answer 338

most state, county, municipal, govt ees. These ees fall under the FLSA also ees of public school districts, except for the min wage provisions

Answer 339

it will increase every year on January 1st by the greater of 3.5% or the percentage increase in the consumer price index. If the CPI is negative there will be no increase

Answer 340

1. salaried exempt ees 2. outside salespersons 3. parent, child, spouse of eer 4. ees subject to approved deductions for meals and lodging 5. physically/mentally disabled 6. apprentices indentured under the California Div of Apprenticeship Standards 7. Learners

Answer 341

must be paid on all public works projects financed by the state is the basic hourly rate paid on public works projects to the majority of works in that craft all bidders required to use same wage rates when bidding on a public works project The DIR issues prevailing wage determinations

Answer 342

a separate wage for non productive working time plus piece rate or be paid an hourly rate for all hours worked plus incentive for productivity must also be paid for their rest breaks

Answer 343

paid for all travel time beyond normal commute may be paid a lower hourly rate for travel time

Answer 344

When ee uses company provided vehicle with restrictions of its use (ie no cell phone, passengers, personal errands) when rqd to travel to a different worksite temporarily or rqd to use eers vehicle additional time beyond normal commute travel time between home and first assignment

Answer 345

paid for at least half the scheduled time or actual time worked, whichever is greater. ex. the ee only needs to be paid for 30 min since the meeting was pre scheduled

Answer 346

must be paid reporting time pay if told not to come in.

Answer 347

ees who work a split shift must be paid a split shift premium of at least one hour at minimum wage unless they receive more than min wage and the amount can be offset ex. ee who makes $20/hour would make $160 in a day and if they made min wage it would be $135/ day with the one extra hour of split shift pay. So this ee wouldn't need a split shift premium

Answer 348

Yes, as long as it doesn't result in a failure to compensate ees for actual time worked

Answer 349

No, meal periods must be actual time taken

Answer 350

ees who are paid 2x min wage

Answer 351

No later than the next payday

Answer 352

is lawful and ees can be required to participate so that bussers/bartenders, or those in the chain of service split the tips. Managers, supervisors, kitchen staff, and other ees not involved in serving the customer can not participate

Answer 353

No, the Labor Commissioner and CA courts view commission as earned when all the ees work to effect the sale is complete.

Answer 354

by paying them a separate wage for their non-selling work time and paid rest breaks OR be paid an hourly rate for all hours worked plus commission (with OT if applicable)

Answer 355

No, because it won't compensate them for non selling time and rest breaks

Answer 356

as soon as reasonably calculable, or at least Twice per month

Answer 357

1x per month

Answer 358

Yes, they are considered the same as vacation and are paid out at termination

Answer 359

between the 16th and 26th

Answer 360

between the 1st-10th of the following month

Answer 361

Yes, as long as they are paid no later than 7 calendar days following the end of a pay period.

Answer 362

1. ee authorizes it 2. no fee to use it at least once at a CA bank 3. funds are immediately available

Answer 363

30 days if a paycheck is not honored then waiting time penalties apply

Answer 364

1. those required by law 2. those authorized by the ee such as health ins. or 401(k) contributions

Answer 365

no, only if the eer rcvs written consent

Answer 366

$1.50 per payment

Answer 367

Gross wages total hours worked # of piece rate units deductions net wages pay dates ee name and last 4 of ssn name and add of eer hourly rate and # of hours worked paid sick leave accrual retain these records for at least 3 years, 4 is best

Answer 368

within 72 hours do not mail the final check unless ee authorizes it. Notify ee via phone, mail, email that check is ready to be picked up

Answer 369

on the last day of work

Answer 370

if ee has a surviving spouse/domestic partner they may present the eer with an affidavit or declaration to rcv their final wages. Up to a max of $16,625

Answer 371

state controller

Answer 372

12 am Sunday to 11:59 pm Saturday

Answer 373

hourly pay bonuses commissions piece rates shift differentials meal and lodging allowances

Answer 374

1. Productivity bonuses, piece rates, or commissions 2. flat sum bonuses 3. salary

Answer 375

OT premium is 1/2 the regular rate for regular OT and full regular rate for double time ie. look at pg 97 employment law book

Answer 376

To calculate the regular rate divide the bonus by the number of non OT hours and multiply by 1.5 and multiply again by the number of OT hours worked pg 98 employment law book

Answer 377

divide the salary by 40 hours

Answer 378

use the weighted average total earnings received using all rates divided by total hours worked to is paid at 1/2 regular rate because all hours worked are used above

Answer 379

over 45 hours in a week or 9 hours in a day when employed by third party eer, over 40 hours is OT

Answer 380

OT over 9 hours in a day for the first 5 days in a workweek and the first 9 hours on 6th and 7th day double time over 9 hours on 6th and 7 th day

Answer 381

12 plus three hours free of duty during the 12 hour work time

Answer 382

an emergency

Answer 383

1. determine the work unit the alt workweek will apply to (exempt ees are not included in the vote) 2. present a written proposal/agreement to ees that describes the alt workweek 3. Provide a written disclosure to affected ees that includes: any impact on hours, wages, benefits, time and place of meetings. meetings must be held 14 days prior to vote 4. secret ballot must be held on the worksite during regular working

Answer 384

2/3 of the affected non exempt ees

Answer 385

1.5x for first 8 hours 2x over 8 hours

Answer 386

1. a newly hired or terminated ee who doesn't work the full amount of time in the workweek 2. Whole days can be unpaid if they are vacation, approved leave, religious holidays, or personal reasons 3. Whole days can be deducted for sickness and accidents if the eer has a sick pay policy and no sick days remain 4. Partial day absences can only be deducted when using FMLA OR CFRA

Answer 387

1. be paid on a salary that is at least 2 x min wage 2. primarily engaged in duties that meet the test for the exemption 3. Discretion and independent judgement

Answer 388

licensed learned artistic

Answer 389

$53.08 there is no salary requirement and they can be paid OT if eer chooses to

Answer 390

Outside sales

Answer 391

1. in each workweek the ee must earn more than 1.5x min wage for all hours worked 2. More than half the ees pay must be commission

Answer 392

where commissions consistently exceed draws paid over a representative period of at least a month. So if draws consistently equal or exceed commissions, then the draws will be viewed as fixed, non commission comp and the commission plan will not be deemed bona fide and OT will be due

Answer 393

Yes, the only exemption is for OT

Answer 394

federal and state OT laws

Answer 395

nonexempt ees, exempt computer professionals, exempt inside salespersons

Answer 396

no more than 6 hours

Answer 397

before the end of their 10thhour of work the ee may waive this meal period if the don't work over 12 and took their first break

Answer 398

They must receive one hour of pay at the regular rate for each day the meal period was not provided

Answer 399

4 must be taken in the middle of four hours

Answer 400

They receive a missed rest break premium of one-hour at the regular rate per day.

Answer 401

1.67 hours as long as they don't work more than 10 hours in a day 10x10/60

Answer 402

Lasts at least 5 min in the shade and taken whenever they feel the need to protect themselves from overheating. Are in addition to meal breaks and regular 10 min rest periods. Cool drinking water must be provided.

Answer 403

one hour of pay for each day it wasn't provided

Answer 404

1 eer may not cause an ee to work more than 6 days in 7. ee can choose to work though. this rule doesn't apply when ee works less than 30 hours or 6 hours per day as long as an ee receives the equivalent of 1 day in 7 in a month that's ok unless the ee requests to work more

Answer 405

must disclose to applicants and ees the categories of personal information collected on them and the purposes for which they'll be used

Answer 406

1. administering ee benefit plans 2. administering medical leaves 3. administering workers comp claims 4. if compelled by a subpoena or order of the court

Answer 407

1. name of immigration agency 2. the date the eer rcvd the notice 3. the nature of the inspection if known 4. a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms

Answer 408

1. data was unencrypted 2. data was encrypted but compromised if the eer is the source of the breach it must offer ID theft protection and mitigation svs to those affected for at least one year if the breach exposed personal information

Answer 409

Yes, if they appear impaired

Answer 410

Yes, as long as there is a reason to believe they were impaired

Answer 411

Generally, no except for ees covered in the US Dept of Transportation or ees engaged in work that poses a direct threat to safety of themselves or others at work

Answer 412

It prohibits the use, misappropriation, or disclosure of trade secrets. Provides a lawful means for eers to protect their trade secrets.

Answer 413

1. direct evidence of discrimination 2. disparate treatment 3. disparate impact

Answer 414

1. only if it is directed towards a protected class 2. is severe or pervasive 3. be unwelcome 4. a reasonable person must find it offensive

Answer 415

1. hostile environment 2. quid pro quo

Answer 416

1. a special education disability 2. a record of history of disability 3. a person is perceived as disabled 4. being associated with another person who is disabled

Answer 417

current drug users are not protected by anti-discrimination laws but former drug users are current alcoholics are covered as long as they can perform essential job functions and don't pose a safety risk

Answer 418

1. Making the workplace accessible 2. providing assistive aides or services 3. modifying examinations, training materials, or policies 4. modifying supervisory methods 5. job restructuring 6. reassignment to a vacant position 7. modified work schedule 8. leave of absence 9. working from home 10. use of assistive animals

Answer 419

1. the ee or applicant requests a reasonable accommodation 2. you become aware of the need for an accommodation 3. ee exhausted med leave under FMLA, CFRA, or both but still not able to return to work

Answer 420

No, but you can do personality, aptitude testing, or agility testing you can't conduct medical or psychological exams until after you make a conditional offer of employment

Answer 421

1. all new hires in similar roles get one too 2. If the results disqualify them from employment then they must be allowed to submit other medical opinions before a final determination is made 3. results are maintained in confidential medical files separate from the personnel file

Answer 422

1. the exam reveals that they cant perform essential duties of the job without reasonable accommodation 2. they would endanger the health/safety of themselves or others and there is no reasonable accommodation that would eliminate the danger

Answer 423

1. work at a location where the eer employs at least 50 ees within a 75-mile radius 2. employed for 12+mos, not consecutively 3. worked 1250+ hours in 12 mos prior to taking leave

Answer 424

1. employed for 12+ mos, not consecutive 2. worked 1250+ hours in last 12 mos prior to taking leave Work for eer with 5+ ees time worked for an eer prior to a break in svc of at least 7 years need not be counted unless it was due to military leave

Answer 425

12 weeks for a full time ee the 12 weeks = 60 eight hour working days.

Answer 426

1. calendar year 2. ees anniversary year 3. 12 month period measured forward from the first day of leave 4. 12-month period measured backward from the first day of leave

Answer 427

on the first day of leave

Answer 428

1. ees own serious health condition 2. to care for a parent, child, spouse with a serious health condition 3. pregnancy and childbirth 4 care/boding with newborn or newly adopted 5. up to 12 weeks for qualifying urgent matter relating to a close family member being deployed in military service to a foreign country. 6.up to 26 weeks to care for a spouse, child, parent, or next of kin who is an ill or injured current or former military svc member

Answer 429

1. ees own serious health condition 2. to care for a parent, parent-in-law, child (regardless of age), spouse, sibling, grandparent, grandchild, or domestic partner with a serious health condition 3. care for and bonding with newborn or adopted child 4. because of a qualifying exigency related to the covered active duty or call to covered active duty of an ees souse, domestic partner, child, parent in the armed forces of the us.

Answer 430

No. Only under CFRA can both parents take 12 weeks.

Answer 431

30 days if the leave is forseable

Answer 432

15 days. It must be signed and completed by the health care provider. use form appearing at Title 2, Section 11097 of the CA Code of Regulations

Answer 433

Yes, and at the eers expense, they can request a second or third opinion

Answer 434

The eer may cancel coverage after providing 15 days notice and issue a COBRA notice.

Answer 435

1. if the ee fails to return from leave at its expiration 2. the ees failure to return is for another reason other than why they were on leave or is out of their control

Answer 436

they work less than 30 days after returning from leave but an ee who retires during leave or during the first 30 days is deemed to have returned from leave

Answer 437

Give ee 15 days to respond to a letter asking if they need additional leave. If the ee doesn't respond then they can terminate for job abandonment.

Answer 438

Yes, up to a total of 480 hours per year for a full-time ee

Answer 439

1. because pregnancy and childbirth aren't a "serious health condition" under CFRA, a pregnant ee can take up to 4 mos PDL (concurrently with FMLA) and then another 12 weeks for bonding under CFRA. 2. an ee could take 12 weeks of PDL for pregnancy and childbirth plus 6 weeks of CFRA for bonding leave. After returning to work, go on another 12-week leave under FMLA 3. ee could take up to 26 weeks under FMLA to care for military svc member and then return and take up to 12 weeks under CFRA for another qualifying reason. 4. because FMLA doesn't cover grandparents, an ee could take 12 weeks off under CFRA for the care of a seriously ill or injured grandparent. Then take 12 weeks under FMLA for another qualifying reason. 5. EE can take PDO up to 4 mos then 12 weeks CFRA childbirth/bonding

Answer 440

for ees whose wages are less than 1/3 of the state average quarterly wage is 70% of the ees wages paid during the quarter divided by 13 if ees wages are more than 1/3 then amount is 60% max is $1,357 lasts up to 52 weeks

Answer 441

4 weeks before delivery and 6 weeks after

Answer 442

1. up to 8 weeks per year 2. for ees to care for a seriously ill child, parent, spouse, domestic partner, parent in law, grandparent, grandchild, or sibling, or for bonding with child. Baby bonding leave must be taken within first year

Answer 443

up to 7 days they can acquire 1 hour of paid leave for every 30 hours worked, up to a max of 56 per year. Need not be paid upon termination. Can roll over with a cap of 56 hours

Answer 444

1. at the ees regular rate of pay when calculation OT 2. divide the ees total wages (not including OT) by ees total hours worked in the full pay periods of the prior 90 days

Answer 445

1. EER not covered under CFRA 2. EE not eligible for FMLA/CFRA because they don't satisfy the hours or working requirements to qualify 3. EE exhausted their leave already The accommodation must be granted as long as it doesn't create an undue hardship. You can't place an arbitrary timeframe on the leave it is not required to continue health insurance

Answer 446

For nonexempt, No for exempt, if they don't work at all for a period of one week then no

Answer 447

Vote without a loss of pay max time is 2 hours paid must be taken at beginning or end of shift ee must give at least two working days notice

Answer 448

No, it's just job protected

Answer 449

12 weeks max of leave to seek medical attention to obtain svcs from shelter, program, etc to obtain counseling svcs to participate in safety planning

Answer 450

must allow parents, stepparent, grandparent, guardian to take up to 40 hours per year of unpaid time off per year for: 1. to find, enroll child in school or participate in activities of the school or child care provider (may be limited to 8 hours per month 2. to respond to a child care provider or school emergency

Answer 451

all eers must permit ees who are volunteer firefighters, reserve police, emergency rescue personnel to take time off work to perform emergency services eers of 50+ ees must allow them to take leave of absence of no more than 14 days per year for training

Answer 452

Internal HR professionals as long as they have experience conducting investigations if hiring outside investigator, must be an atty or licensed private investigator

Answer 453

Prohibits retaliation against ees who complain internally to a supervisor or mg or externally to a federal law enforcement agency regarding: mail fraud wire fraud fraud against fncl inst fraud involving trading of commodities Fraud on hshareholders violation of any rule or regulation of the Securities and Exchange Comm

Answer 454

Applies to eers with 100+ ees plant closings of 50+ full time ees who suffer employment loss at a single site in a 30-day period mass layoffs of over 500 ft ees, or between 50-499 ft ees at 33% workforce, who suffer employment loss at single site in 30 days period

Answer 455

1. termination other than for cause, resignation or retirement 2. layoff exceeding 6 mos 3. reduction in 50%+ hours in 6 month period 90 day rule: employment losses at single location within 90 days may require notice

Answer 456

60 days or 60 days of pay

Answer 457

applies to industrial or commerical industries with facilities of 75+ people 60 days notice required for mass layoff, relocation, or termination mass layoff= 50+ ees in 30 days as with WARN act, ees working less than 6 mos not counted relocation is 100+ miles away

Answer 458

pay and benefits up to a max of 60 days

Answer 459

1. eers with 20+ ft ees COBRA notice 2. 19 or less Cal-COBRA notice 3. CA EDD benefits pamphlet 4. change in employment status notice 5. 20+ ees HIPP notice

Answer 460

1. independent contractor 2. not able to work 3. not available to work 4. resigned without good cause 4. terminated for misconduct related to work (active and serious) 5. not actively looking for work each week

Answer 461

communication hazard assessment accident/exposure investigation hazard correction training and instruction recordkeeping

Answer 462

supervisors must conduct toolbox or tailgate safety meetings every 10 working days

Answer 463

11 must also retain training records for at least one year

Answer 464

1. ID of the person with authority and responsibility for implementing the IIPP 2. the scheduled periodic inspections to id unsafe conditions training and instruction provided to ees

Answer 465

10+ ees must maintain a written Emergency Action Plan that covers: evacuation procedures procedures for ees who stay to operate critical plant operations b4 they evacuate how to account for all ees after evacuation procedures for ees doing rescue/medical duties how to report fires and emergencies names and titles of those to contact within the company for more information establish an alarm system to notify ees of fires or emergencies train ees to assist in evacuation EAP training

Answer 466

10+ ees must have a written one that includes: 1. fire hazards and how to handle and store 2. ignition sources and how to control 3. types of fire protections systems or equipment in place 4. names and titles of those who maintain fire protection systems 5. names and titles for those responsible for controlling the accumulation of flammable materials

Answer 467

Cal-OSHA all eers must have one and must include: 1. hazardous chemicals present 2. methods eers will use to inform ees of hazards of non-routine tasks 3. description of Cal-OSHA label rqmts on hazardous materials 4. how and when safety data sheets will be obtained from manufacturer of each hazardous material 5. description of training that will be provided regarding hazardous materials

Answer 468

nongovernmental eers of 11+ ees

Answer 469

all CA eers with ees working outdoors must have one can be separate doc or included with IIPP must include explanations for how the following will be met: 1. procedures for the provision of water and shade 2. procedures for when temps exceed 95 3. Emergency response procedures 4. heat acclimatization procedures

Answer 470

8.5 hours in any workday or over 45 hours in any workweek

Answer 471

Time and one-half for hours worked more than 9 per day or 50 per week 26+ ees is normal On the seventh consecutive day of work in a workweek, agricultural employees under Wage Order 14 are entitled to time and a half for the first eight hours, and double time after eight hours. Agricultural employers are subject to day of rest requirements, and cannot cause an employee to work more than six days in seven. For more information about day of rest requirements, see Mandatory Days Off - Day of Rest.

Answer 472

eligible for overtime at one and one-half times the employee's regular rate of pay if the employee works ***more than nine hours in any workday or more than 45 hours ***in the workweek. eligible for overtime at one and one-half times the employee's regular rate of pay if the employee works more than nine hours in any workday or more than 45 hours in the workweek.1

Answer 473

state law also exempts drivers of the following vehicles from overtime that is otherwise mandated by state law: Motor trucks with more than two axles, truck tractors and all trailers, semitrailers and auxiliary, logging, pole or pipe dollies used in combination with them Two-axle motor trucks, excluding pickups, when coupled in any combination of vehicles exceeding 40 feet in length Buses, school buses, school pupil activity buses and farm labor vehicles10

Answer 474

Employees are exempted from statutory overtime requirements if they are covered by a collective bargaining agreement that: Explicitly provides for the employees’ wages, hours and working conditions Pays premium rates for overtime hours Pays at least 30 percent more than the state minimum wage

Answer 475

The IWC created an overtime exemption for certain residential care employees.12 The exemption covers employees with direct responsibility for children receiving 24-hour residential care when those children are under 18 years of age; or not emancipated from the foster care system. These residential care employees can be paid overtime as follows: 1.5 times the employee’s regular rate of pay for all hours over 40 in the workweek Double the employee’s regular rate of pay for all hours over 48 in the workweek Double the employee’s regular rate of pay for all hours over 16 in a workday The employee cannot work more than 24 consecutive hours until the employee receives at least 8 consecutive hours off duty immediately following the 24 consecutive hours of work. Time spent sleeping is not considered hours worked.

Answer 476

Employees must be compensated at not less than 1.5 times the employee’s regular rate of pay for any hours worked in excess of 10 hours in a day or 48 hours in a workweek.

Answer 477

Employees of commercial passenger fishing boats are exempt from overtime pay

Answer 478

Auto mechanics paid a flat rate for each assigned job are not exempt from overtime pay because flat-rate pay is not a commission

Answer 479

For practical reasons, many employers keep the bulk of an employee’s personnel file and other records for the duration of employment plus four years. This time period covers nearly every law, with the exception of three types of records that must be removed from a file before it is disposed of and retained for a longer duration: Pension and welfare plan information (six years)1 First aid records of job injuries causing loss of work time (five years)2 Safety and toxic or chemical exposure records, including safety data sheets (30 years)3

Answer 480

The later of 3 years from the date of hire or 1 year from termination

Answer 481

Learners, and apprentices. Organized camp counselors, program counselors and student employees are exempt from the minimum wage if they receive a salary of at least 85 percent of the minimum wage for a 40-hour week regardless of the number of hours per week they work at the organized camp. If they work fewer than 40 hours per week, they must be paid at least 85 percent of the minimum wage for each hour worked. The organized camp can, with the employee’s written permission, deduct a fair market value of meals and lodging from employee salaries.2 Any individual who is a parent, spouse, child or legally adopted child of the employer.3 Outside salespeople. For more information, see Outside Salesperson Exemption.4 Some executive, administrative and professional employees may be exempt. For more information see Exempt/Nonexempt.

Answer 482

Contractors and subcontractors with 50 or more employees and a contract or subcontract of $50,000 or more and banks that receive deposits of any type of federal funds must develop written affirmative action plans.

Answer 483

You are exempt from recording if you employ 10 or fewer employees or if your organization is classified in a specific, low hazard North American Industry Classification System (NAICS) category.

Answer 484

All employers with 250 or more employees, unless specifically exempted by Title 8, section 14300.2 of the California Code of Regulations. Employers with 20 to 249 employees listed in Appendix H of the regulation. The regulations require that employers submit their annual summaries by March 2

Answer 485

Record the incident on the Injury and Illness Incident Report - Form 301 : 1. You must record the incident within seven calendar days of receiving information on it. 2. Record a case number on the Injury and Illness Incident Report - Form 301. 3. Transfer the information from the Injury and Illness Incident Report - Form 301 to the Work-Related Injuries and Illnesses Log - Form 300. 4. Update the Form 301 and Form 300 as the injury’s or illness’ nature and its consequences become known.

Answer 486

from February 1 to April 30 The annual summary must be completed even if no work-related injuries or illnesses occurred during the year.

Answer 487

5 years During this five-year period, you must update Form 300 to include any newly discovered recordable injuries or illnesses. You must also show any changes in classification for previously recorded events.

Answer 488

The individual’s incident report(s); Work-Related Injuries and Illnesses Log - Form 300, with names of employees deleted for privacy cases; and Current or archived annual summaries. You must provide these copies by the end of the next business day after the request. An authorized employee representative, such as a collective bargaining agent, is entitled to a copy of the Work-Related Injuries and Illnesses Log - Form 300 for the establishment it represents. You must provide the copy to the requesting party within seven calendar

Answer 489

a Cal/OSHA program that identifies certain high hazard employers and requires them to pay a fee to fund a special inspection unit.

Answer 490

An employer reports a fatality or serious injury or illness; An employee complains; Issuing a permit requires a follow-up inspection; Cal/OSHA’s general administrative plan calls for inspections for a certain type of employer; An industry has been selected as part of the Targeted Inspection and Consultation Program (TICP); or A Cal/OSHA inspector sees a violation from a location that’s readily available to the general public or a casual observer. Cal/OSHA must conduct an investigation within three days of receiving notification from the California Department of Public Health (CDPH) of an employee's exposure to lead.

Answer 491

If you disagree with the results of an inspection, you can appeal to the OSHAB within 15 working days

Answer 492

within 1 bus day and for 15 days Employers must also keep records of all written notices provided to employees under this law for at least three years.

Answer 493

An employee tested positive, The date when the employee tested positive, The address of the employee's worksite, and The highest number of employees who reported to the worksite within 45 days of when the employee last worked.

Answer 494

The initial penalty for failure to pay wages is $100 per employee per missed payday. So if your company has 25 employees, the potential civil penalty is $2,500. Civil penalties for subsequent missed paydays are much more severe. The penalty is $200 per employee, plus 25 percent of the amount unlawfully withheld.

Functional Area #1: Compensation Wage/Hour 21% Flashcards

(588 cards)