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In Depth Flashcards

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1
Q

What is the Fair Labor Standards Act (FLSA)?

A

A federal law that establishes minimum wage, overtime pay, recordkeeping of hours and wages, and child labor restrictions.

The FLSA applies to all U.S. employers, including home care organizations employing caregivers.

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2
Q

What is the minimum wage set by the Fair Labor Standards Act?

A

$7.25/hour federally, though state laws may set higher.

This wage can vary based on state legislation.

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3
Q

What is the overtime pay rate established by the FLSA?

A

1.5 times the regular rate for hours worked over 40 per week.

This is mandated under 29 U.S.C. § 207(a).

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4
Q

What significant change occurred for in-home caregivers under the FLSA in 2015?

A

In-home caregivers classified as ‘companions’ lost their exemption, qualifying most now for minimum wage and overtime.

This change is outlined in 29 C.F.R. § 552.

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5
Q

What should a program manager do to ensure compliance with overtime laws?

A

Ensure caregiver hours comply with overtime laws and prevent underpayment.

This includes implementing systems to track work time and training staff on wage policies.

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6
Q

Fill in the blank: The California Labor Code requires overtime pay after _______ hours in a workday.

A

8

This is specified under California Labor Code § 510.

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7
Q

What must employers provide according to California Labor Code § 226?

A

Wage statements detailing hours, pay, sick leave, etc.

This ensures transparency in employee compensation.

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8
Q

True or False: Employees in California can take sick leave in full-day increments only.

A

False

The law allows sick time to be used in hourly or partial-day increments.

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9
Q

What is the accrual rate for paid sick leave under the California Paid Sick Leave Law?

A

1 hour of paid sick leave for every 30 hours worked.

This is governed by California Labor Code §§ 245–249.

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10
Q

What is HIPAA and what does it protect?

A

The Health Insurance Portability and Accountability Act protects individually identifiable health information (PHI).

HIPAA is codified under Public Law 104-191.

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11
Q

What are the key components of HIPAA?

A
  • Privacy Rule
  • Security Rule
  • Breach Notification Rule

These components outline how PHI should be handled and protected.

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12
Q

What does Cal/OSHA require from employers?

A
  • Safe and healthy working conditions
  • Injury and Illness Prevention Program (IIPP)
  • Immediate reporting of serious injuries, illnesses, or fatalities
  • Provision of training, PPE, and hazard controls

This applies to all California employers, including home care agencies.

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13
Q

What must a program manager do in case of a caregiver injury?

A

Complete an incident report and submit to Cal/OSHA if serious.

Immediate support such as medical care should also be provided.

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14
Q

What is the penalty for missed meal breaks under California Labor Code?

A

Employers must offer penalty pay of 1 hour’s wages per missed break per day.

This is to ensure compliance with meal break regulations.

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15
Q

What is required of employers regarding employee training under HIPAA?

A

Covered entities must train employees on confidentiality, secure communication, and breach reporting.

This is essential for maintaining compliance with HIPAA regulations.

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16
Q

Fill in the blank: California Labor Code § _______ mandates meal breaks after 5 hours of work.

A

512

This section outlines the requirements for meal breaks.

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17
Q

What should be done if a caregiver claims they worked overtime but weren’t paid?

A

Verify hours worked and recalculate pay according to California’s daily overtime requirements.

This ensures compliance with state labor laws.

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18
Q

What is the maximum unpaid leave duration provided by the Family and Medical Leave Act (FMLA)?

A

Up to 12 weeks of unpaid, job-protected leave in a 12-month period

Leave is available for serious health conditions, childbirth, adoption, or care of an immediate family member.

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19
Q

What are the eligibility requirements for FMLA leave?

A
  • Employed for 12+ months
  • Worked 1,250+ hours in the prior 12 months
  • Worksite has 50+ employees within 75 miles
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20
Q

True or False: FMLA allows shorter notice for emergencies.

A

True

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21
Q

What must employers do if a caregiver’s job is reduced after taking FMLA leave?

A

Reinstate caregiver or offer equivalent hours

Job reduction violates reinstatement rights unless well documented and unrelated to leave.

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22
Q

What does the Americans with Disabilities Act (ADA) prohibit?

A

Discrimination against qualified individuals with disabilities in all employment practices

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23
Q

What must employers provide for employees with disabilities under the ADA?

A

Reasonable accommodations unless it causes undue hardship

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24
Q

What is the minimum employee count for the ADA to apply?

A

15 or more employees

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25
True or False: The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 or older.
True
26
What actions are prohibited under the ADEA?
* Hiring * Firing * Pay and benefits * Promotions and assignments * Training and performance evaluations
27
What should a program manager do if a client requests a 'younger' caregiver?
Explain that such requests violate federal law and restore the older caregiver's assignment
28
What are local wage and sick leave ordinances designed to do?
Provide stronger protections than state and federal laws
29
What must employers do to comply with local wage ordinances?
Ensure caregivers are paid the correct local wage rates and update payroll settings accordingly
30
What rights does the National Labor Relations Act (NLRA) protect?
* Form, join, or assist labor organizations * Discuss wages, hours, and conditions of employment * Engage in concerted activity to improve working conditions
31
True or False: Employers can retaliate against employees for discussing their pay.
False
32
What should a program manager do if caregivers email concerns about unsafe equipment?
Acknowledge the concerns and address the issue
33
Fill in the blank: The FMLA applies to employers with _____ employees within a 75-mile radius.
50+
34
What must employers do to maintain compliance with the ADA?
Engage in an interactive process to explore accommodations
35
What is required for a caregiver’s request for accommodation to be considered under the ADA?
Documentation and a confidential, collaborative process with HR
36
What does Title VII of the Civil Rights Act of 1964 prohibit?
Employment discrimination based on race, color, religion, sex, or national origin
37
What accommodations must employers provide under Title VII?
Reasonable accommodations for religious practices unless it causes undue hardship
38
What is the minimum employee threshold for Title VII to apply?
15 or more employees
39
What does COBRA stand for?
Consolidated Omnibus Budget Reconciliation Act ## Footnote COBRA allows for the continuation of group health insurance after job loss or hour reduction.
40
What is the duration of COBRA coverage depending on the qualifying event?
18–36 months ## Footnote The specific duration depends on the nature of the qualifying event.
41
What is the election window for COBRA coverage?
60 days ## Footnote Employees have 60 days to elect COBRA coverage after receiving notice.
42
Under COBRA, who is responsible for notifying the plan administrator of a qualifying event?
The plan sponsor ## Footnote The plan sponsor must notify the administrator within 30 days of the qualifying event.
43
What is required of employers under COBRA regarding premiums?
Employers are not required to pay premiums ## Footnote Employers must ensure access to COBRA and provide proper notice.
44
What is the primary focus of California Harassment Prevention Training Requirements?
To prevent harassment and promote a respectful workplace ## Footnote The training includes definitions, complaint mechanisms, and bystander intervention.
45
How often must supervisors complete harassment prevention training in California?
Every 2 years ## Footnote Non-supervisory employees must complete training every 2 years as well.
46
What is the time frame for new hires to complete harassment training after hire or promotion?
Within 6 months ## Footnote New hires must be trained within 6 months to ensure compliance.
47
What does ERISA stand for?
Employee Retirement Income Security Act ## Footnote ERISA regulates health plans, pensions, and other employee benefits.
48
What is the purpose of ERISA?
To regulate employee benefits and ensure fiduciary responsibilities ## Footnote ERISA requires disclosures and enforcement rights for employees.
49
What must employers provide under ERISA?
Summary Plan Descriptions (SPDs) and clear plan information ## Footnote Employers must maintain records and ensure compliance.
50
What does IIPP stand for?
Injury and Illness Prevention Program ## Footnote IIPP is a California requirement for maintaining workplace safety.
51
What are the key components of an IIPP?
* Identification of responsible persons * Methods for hazard communication * Scheduled safety inspections * Employee training * Procedures for correcting unsafe conditions * Recordkeeping ## Footnote These components ensure comprehensive safety management.
52
What is the California Consumer Privacy Act (CCPA) primarily about?
Consumer privacy rights ## Footnote CCPA grants rights to know, access, delete, or opt out of data sharing.
53
What rights does the CCPA grant to California residents?
* Right to know what personal data is collected * Right to access, delete, or opt out of the sale of their data * Right to equal service and price ## Footnote These rights aim to enhance consumer privacy protections.
54
What does the California Equal Pay Act mandate?
Equal pay for substantially similar work ## Footnote The Act prohibits pay discrimination based on gender, race, or ethnicity.
55
What factors can justify pay differences under the California Equal Pay Act?
* Seniority * Skill * Effort * Education * Merit ## Footnote Employers cannot use salary history as a justification for pay differences.
56
What is the retention period for wage and performance records under the California Equal Pay Act?
3 years ## Footnote Employers must keep records to demonstrate compliance with the Act.
57
What is the OSHA Bloodborne Pathogen Standard code?
29 CFR 1910.1030 ## Footnote This regulation mandates safety protocols for employees exposed to blood or infectious materials.
58
What is required from employers under the OSHA Bloodborne Pathogen Standard?
* Develop a written Exposure Control Plan * Offer Hepatitis B vaccinations * Provide and enforce the use of personal protective equipment (PPE) * Conduct initial and annual training * Follow strict incident response and documentation procedures ## Footnote These requirements aim to minimize employee exposure to bloodborne pathogens.
59
What pathogens are covered under the OSHA Bloodborne Pathogen Standard?
* HIV * HBV * HCV * Others transmitted via blood or bodily fluids ## Footnote These pathogens pose significant health risks to exposed employees.
60
What should a program manager do to ensure compliance with the OSHA Bloodborne Pathogen Standard?
* Provide or coordinate training and PPE * Ensure access to the Exposure Control Plan * Log and investigate exposure incidents * Follow post-exposure protocols * Update care plans to reduce future risks ## Footnote This ensures that caregivers are equipped to handle exposure situations safely.
61
True or False: Employees are allowed to discuss their pay rates under Labor Code § 232.
True ## Footnote This law protects wage transparency among employees.
62
Fill in the blank: Under the California Background Check and Caregiver Registry Laws, all in-home caregivers must be registered with the _______.
California Home Care Aide Registry ## Footnote Registration is mandatory for all licensed Home Care Organizations in California.
63
What are the consequences of noncompliance with the California Background Check and Caregiver Registry Laws?
* Civil penalties * License suspension * License revocation ## Footnote These penalties ensure adherence to caregiver registration and training requirements.
64
What must agencies maintain under the California Background Check and Caregiver Registry Laws?
Up-to-date personnel and compliance records ## Footnote Accurate records are essential for legal compliance and operational efficiency.
65
What should be done if a caregiver is found working without background clearance?
* Remove the caregiver from duty * Report the oversight * Conduct an internal audit * Re-educate scheduling/admin staff * Implement automated clearance tracking ## Footnote These actions help prevent future occurrences and ensure safety.
66
What training is required for caregivers under California law?
Annual training ## Footnote This requirement ensures caregivers are up-to-date with best practices and legal obligations.
67
What should a program manager do if a caregiver claims they weren't notified of registration expiration?
* Review communication history * Offer rehire upon re-clearance if gaps are found * Set automated renewal reminders * Add registry renewal counseling to annual performance checks ## Footnote This helps maintain compliance and supports caregiver retention.
68
What actions should be taken if a surprise audit reveals missing training certificates?
* Reissue training * Get caregivers caught up immediately * Submit updates to CDSS * Respond to the auditor with a corrective action plan * Create a digital dashboard for real-time compliance monitoring ## Footnote These measures ensure ongoing compliance and improve organizational accountability.
69
What is the purpose of the Exposure Control Plan required by OSHA?
To eliminate or minimize employee exposure to bloodborne pathogens ## Footnote The plan outlines procedures and protections for employees at risk.

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