PHRca

Good Faith and Fair Dealing

In every contract or agreement made in California there is an implied promise of ___________ including employment contracts written and verbal.

The Whistleblower Protection Poster

Informs employees that they are protected from retaliation by their employer for reporting to a government or law enforcement agency any information that the employee reasonably believes discloses a violation or noncompliance with a federal or state law or regulation, or an unsafe working condition or practice.

Farm Labor Contractors Licensed by the DLSE Poster

Licensed farm labor contractors must display pay rates prominently where work is to be performed and on all vehicles used by the licensee for transportation of employees.

Time off to Vote Poster

Not less than ten (10) days before every statewide election, employers must post this notice.

Emergency Phone Number Poster

Organizations must post emergency phone numbers, including numbers such as 911, fire department and other emergency responders.

IIPP - Injury and Illness Prevention Program

Outlines steps that can be taken to develop an effective program that helps assure the safety and health of employees while on the job.

Pregnancy, Childbirth or Related Medical Condition

Pregnancy leave is required only when a woman is actually disabled by her______________________.

Form 301

Prepare an Injury and illness incident Report or equivalent, such as California DLSR Form 5020 (Employers Report of Occupational Injury or illness

UTSA - Uniform Trade Secrets Act

Protects only certain defined trade secrets, that is, information, including a formula, pattern, compilation, program, device, method, technique or process that meets certain criteria.

For Your Benefit Pamphlet

Provides information on Unemployment Insurance, Disability Insurance, Paid Family Leave, and Job Service benefits available to the employee.

Form 300

Record each injury or illness on the Cal/OSHA Log of Occupational Work Related Injuries and illnesses.

Pregnancy Leave

Required only when a woman is actually disabled by her pregnancy, childbirth, or a related medical condition.

California Insurance Equality Act

Requires all health insurance providers to extend coverage to registered domestic partners as it does to spouses.

California Security Breach Information Act

Requires any person, agency, or organization that is doing business in California to notify any affected persons should such a database breach occur.

Title 8 of the California Code of Regulations

Requires every California employer to have an effective Injury and Illness Prevention Program.

No Smoking Poster

Signage explaining that smoking is prohibited except in designated areas must be posted in all California buildings.

Covered California

Small California employers with one to forty-nine full time equivalent employees can purchase health insurance through a Small Business Health Options Program (SHOP).

70% of their employees participating in Covered California

Small businesses need to have at least________________ in order to purchase their coverage as the employer, and need to have at least 51% of its workforce located in the State of California.

First Step in the Complaint Process for Discrimination

Submit the Complaint to the DFEH. Employees who feel that they have experienced unlawful harassment or discrimination, and have exhausted the available remedies through their employer, if applicable, can submit their complaint online, over the phone, in person, or through the mail.

Form 300A

Summary of Work-Related Injuries and illnesses must be posted no later than February 1 until April 30th

Photos and Fingerprints

The California Attorney General permits employers to maintain ________________________________ for their own use, but they may not provide them to third parties (including local police departments or other government agencies).

DOSH - Division of Occupational Safety and Health

The California Division of Occupational Safety and Health (DOSH) is commonly (although incorrectly) referred to as Cal/OSHA. DOSH sets the standards for workplace safety in California.

California Minimum Wage Poster

The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by applicants and employees where it may be easily read during the workday.

Right to Sue Notice

The Fair Employment and Housing act requires that individuals must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a _________________________ from the Department before filing a lawsuit under the FEHA.

Non-Complete Agreements

The crucial general rule is that every contract in which anyone is restrained from engaging in the lawful profession, trade or business of any kind is to that extent void.

Management Commitment

The most important element in a safety program

GISO - General Industry Safety Orders

The purpose is to fulfill the expressed social public policy of the State of California to make full provision for securing safety in places of employment.

Health Insurance Marketplace Coverage Options and Your Health Coverage

The separate forms are for companies that provide health insurance and for those that do not provide health insurance.

California Occupational Safety and Standards Board

The standards-setting body under Cal/OSHA and has the authority to grant or deny applications for variances from adopted standards and respond to petitions for new or revised standards.

Entertainment Work Permit

There are two (2) types available; the standard six (6) month and a ten (10) day Temporary Entertainment Work Permit.

State Contracts

They are required to maintain a drug free workplace, follow certain anti-discrimination requirements, and abide by all applicable wage and hour laws.

Cal/OSHA Appeals Board

This board handles appeals from employers regarding citations issued by DOSH for alleged violations of workplace safety and health laws.

Notice to Employee on Withholdings

This form is to be sent to the Franchise Tax Board (FTB) if the employee claims more than 10 withholding allowances or the employee claims to be exempt from state or federal income tax withholding.

Wage Theft Prevention Act

This form provides information about the new employee's wages and employer.

Healthy Workplaces Health Families Poster

This poster advises employees of their sick leave rights under the new law.

Safety and Health Protection on the Job

This poster explains the basic requirements and procedures for compliance with the state's job safety and health laws and regulations and covers what an employer must do, what an employer must not do, what to do when Cal/OSHA comes to the workplace and fines and penalties. It also provides contact information for Cal/OSHA representatives.

Valid

To avoid running afoul FEHA laws, an employer must be able to show that the particular pre-employment test is _____________ (I.e., has a manifest relationship to the employment position)

Twelve Weeks of Unpaid Job Protected Leave

Under CFRA, eligible employees are entitled to _______________ for their own serious health condition, to care for a family member's serious health condition, or to bond with a newborn, a newly adopted, or newly placed foster child.

Two week increments

Under CFRA, employers may require that an employee take new child bonding in ________________________. However, they must allow two (2) instances where they allow time to be taken in less than two (2) week increments. Under FMLA, employers have greater liberty to require employees to take time in specific increments.

Thirty-six months of coverage continuation

Under Cal-COBRA, employees are offered up to _____________, where COBRA offers may be limited to only eighteen (18) months.

Lactation Accomodations

Under California law, employers are required to provide a reasonable amount of time for __________________________ to express breastmilk during the workday.

Not covered under CFRA

Under California law, pregnancy disability, (which is covered by FMLA) is not covered by ________ since California has Pregnancy Disability Leave (PDL)

Eligible for PDL

Unlike CFRA/FMLA, employees are ___________________ as soon as they are hired, and are certified by their doctor as unable to perform the essential functions of their job. There are no other length or hours worked requirements.

Whistle Blower Protection

When adverse action is taken against an employee for reporting information that is either a violation of state or federal law, or noncompliance with local, state, or federal regulation.

Medical Examinations

________________________ of applicants are only allowed after a conditional job offer has been made.

English Only Policies

______________________________ prohibit the use of other languages in the workplace and they are illegal in California unless certain conditions are met, including business necessity and employee notice.

DIR - Department of Industrial Relations

improves conditions for California's workers and advances opportunities for employers. This department has four divisions and six commissions, boards and programs

California Constitution Article 1

"...All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."

Not Reasons for Disability Discrimination

1) There is a possibility of future harm to the person or to others 2) That employing individuals with a disability will cause an employer's insurance rates to rise

TICP - Targeted Inspection and Consultation Program

A Cal/OSHA program that identifies certain high-hazard employers and requires them to pay a fee to fund a special inspection unit. Cal/OSHA also offers other consultation services to help businesses avoid investigations and costly fines.

HIPP Notice

A California program that requires all employers to provide exiting employees with notice of a state program that pays COBRA payments under certain circumstances.

88 Days

A full-time employee is entitled to _______________days PDL per pregnancy with doctor's certification.

Domestic Partnership

A legal relationship available to all same-sex couples, and to those opposite-sex couples where at least one (1) party is age sixty-two (62) or older.

A Nondisclosure Agreement

A pact by one (1) party not to use or disclose defined confidential information belonging to another party, sometimes limited to a specific time period.

Notice to Employees - Injuries Caused by Work Poster

Advises employees that they may be entitled to Workers' Compensation benefits if they are injured or become ill because of their job.

New Hire COBRA Notification and HIPAA Notices

Advises new hires of their right to continue health care from their previous employer and their right to privacy regarding personally identifiable health information.

PAGA - Private Attorney General Act

Aggrieved employees are able to sue their employer with certain protections.

Abusive Conduct

All California employers are required to include with their sexual harassment prevention training this topic.

Sweat Free Code of Conduct

All contractors or subcontractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, equipment, materials, or supplies (other than procurement related to a public works contract) for the state of California, will sign a statement under penalty of perjury to abide by California anti-discrimination and workplace rules.

Essential Function of the Job

All employees must be able to perform the ___________________________.

Sexual Harassment is Forbidden by Law

All employees must receive from their employer a copy of this DFEH pamphlet or an equivalent document upon hire and a copy of the employer's antiharassment policy.

No later than 8 hours

All fatalities and serious injuries and illnesses in California must be reported to the DOSH as soon as possible, but ___________ incident.

No-Solicitation Agreement

An agreement by one (1) party not to solicit the business of specified customers of the other party, typically limited to a specific time period.

Invention Assignment Agreement

An employee assigns to the organization any and all rights the employee may have to inventions and ideas generated through the employment with the organization.

Notice to Employees - UI, SDI, PFL

An employer should post only the information that applies to its employees.

Exposure Records

Cal/OSHA standards concerning toxic substances and hazardous exposures require records of employee exposure to these substances and sources, physical examination reports, employment records, and other information

COBRA coverage for at least five (5) years

CalCOBRA allows employees who are at least sixty (60) years old and have worked at least five (5) years with their last organization to ________________________________.

Polygraph Tests

California Labor Code prohibits employers from demanding or requiring any employee or applicant to take a _______________, lie detector, or similar test or examination as a condition of employment or continued employment.

Everify Systems

California employers are only allowed to utilize the ________________ after a conditional offer of employment has been made, or when doing so is required under federal law or as a condition for receiving federal funds.

Protection or Political Involvement

California employers cannot enforce any policy forbidding or preventing employees from engaging or participating in politics.

Drug or Alcohol Rehabilitation Programs

California employers with at least twenty five employees need to be accommodating to employees who voluntarily decide to enter a _____________________________; as long as the leave does not create an undue hardship for the employer.

California Labor Code Section 132a

California law states "there should not be discrimination against workers who are injured in the course and scope of their employment".

Social Media

California's Assembly Bill 1844 prohibits employers from requiring applicants to provide their e-mail or ________________ account usernames and passwords, with limited exception

One Year

Complaints of discrimination must be filed with the DFEH within _____________ from the date of the alleged discriminatory act.

Employee Safety Responsibilities

Comply with all Cal/OSHA rules, regulations and standards, follow all lawful employer safety and health rules and use all required personal protective equipment while working.

EDD - Employment Development Department

Deals with unemployment, state disability, workforce investment, and labor market information programs as well as collects and audits payroll taxes.

DLSR

Division of Labor Statistics and Research

California Law Prohibits Harassment or Discrimination

Educates employees about their rights and obligations to prevent harassment of all forms in the workplace.

Job Protection

Employees out on PDL or CFRA are entitled to be reinstated to the same position with the same benefits and seniority as they had prior to taking their leave, and afforded all benefits they would have expected had they remained employed. In some specific scenarios, reinstatement to a comparable position is applicable.

The first twelve (12) months of birth or placement

Employees utilizing time to bond with a new child (biological, adoptive, or foster) must use their available CFRA leave within _________________________.

Five employees

Employees who work for organizations with at least _____________, and who becomes disabled because of their pregnancy, childbirth, or related medical condition are entitled to up to four (4) months of job protected leave.

Form 5020

Employers Report of Occupational Injury or illness

New or Rehired Reports

Employers are required to provide this report to the EDD's New Employee Registry within twenty (20) days from their start date.

Section 132a

Employers can violate Labor Code _____________________ if they terminate or discriminate against an employee for filing a Workers' Compensation claim.

Investigative Consumer Reporting Agencies Act

Employers may use reference checks and background investigations to screen applicants in accordance with the ______________________.

Work Permit

Employers must have a ___________ for each employed minor on file and available for inspection by school and labor officials at all times.

Workers' Compensation Leave

Employers should do everything in their power to allow injured employees the time off to recover from their workplace injury or illness.

Current Employees

Everify cannot be used for verifying

Workers' Compensation Pamphlet

Explains an employee's rights if injured on the job.

State Disability Insurance Pamphlet

Explains employee's obligation to pay State Disability Insurance and their rights to collect in time of their own illness or injury.

Your Rights and Obligations as a Pregnant Employee

Explains that it is against the law to discriminate against a woman because she is pregnant and describes related employee rights and obligations.

Paid Family Leave Pamphlet

Explains the employee's right to collect partial wage replacement through the SDI system during time away from work to bond with a newborn baby, adopted or foster child (both parents) or to care for a seriously ill parent, child, spouse or registered domestic partner.

Video Event Recorders

For employers who employ drivers, California law permits employers to monitor driver performance through the use of _____________ with special provisions.

California's Unfair Competition Law

Former employees (and the new employers that hire them) can become liable when the circumstances of the new hiring involve misappropriation of trade secrets or violation of enforceable post-employment restrictions, or where the conduct involves independent wrongful acts to the detriment of the former employer.

OPPA - Online Privacy Protection Act

Generally applies to websites that actively seek information from visitors, such as the data used to complete an online employment application

Governor's Office of Emergency Services

Generally the lead state agency for emergency management in California

The 3 Model Workplace Injury and Illness Prevention Models

High Hazard, Non-HIgh Hazard, Employers with Intermittent Workers

Close the case.

If the investigation does not show a violation of the law, the DFEH will ___________.

Conciliation

If the investigation does show a violation of the law, it will attempt to settle the case using a formal ___________ process.

Social Security Number

In California it is against the law to post or display an employee's ___________________