Labr 251 (1)

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Section 96k appears to protect activities which are ______________

all of the above

Joanna works extra hard to support her kids. She works two jobs - one pays $12 an hour and the other pays $12 an hour. She works 25 hours a week at one of them and she works 20 hours a week at the other job. Assume she works 52 weeks a year with no break. What will her gross annual wages be?

$28,080

When California hits its new highest minimum wage in about 2022, and it applies to your hypothetical job then, and you work 40 hours a week, with 2 weeks off for unpaid leave, for a total worked of 2000 hours a year, how much will your year's gross wages be?

$30,000

Once the minimum wage in San Francisco reaches $15.00 an hour, how much more will someone in San Francisco earn in 40 hours of work in a week than someone working in Mississippi for the minimum wage there?

$310

How much does the textbook cost to download from the website?

$32

You get $16.50 per hour. You work 4 hours a day, Thursday through Sunday. But on one particular Sunday, the boss asks you to stay and work an extra 4 hours. How much do you get in gross wages for that week?

$330

Let's step up the math just a little bit. Let's just assume it's Kristina this time, and she's getting paid $10.74 per hour. (Some of you may even recognize that number!) Kristina works at a restaurant as a waitress and she gets tips. She works from 10:30am to 2:00 pm to do the lunch hour trade, and then she reports back at 5:00 pm and works until 9:30 pm. (Forget about split shift pay - it won't prove relevant here....) The work week is from Sunday through Saturday. She works Sunday, Wednesday, Thursday, Friday, and Saturday, the busy days. What is her gross pay, excluding tips, for the hours worked each week?

$429.60

OK. Another pretty easy one. Same Manuel. But this week, he is asked to come in Monday through Friday and work seven hours each day. He comes in on Saturday and works the usual seven hours. His straight time rate of pay is still $10 an hour. How much gross pay for this week?

$430

Figuring out your overtime is all about arithmetic. To make sure you get all your pay, you MUST master this arithmetic. So let's get right down to it. We will do lots of math problems in this quiz, all designed to make you feel comfortable figuring out overtime pay. Let's start with some easy ones to make sure you get the process figured out: Manuel earns $10 an hour. He works Monday through Friday, 8 paid hours a day. On Saturday, he came in and worked 7 hours. How much does he get in gross pay for the week?

$505

Now let's try to work with the "in a work week" concept. The warehouse company has a work week that is the same as a calendar week. In other words, it begins at 12:01 AM Monday morning and ends on Sunday at midnight. The week thus begins as Sunday night turns into Monday morning, long after you have all gone to bed to get your 10 hours a night of beauty rest. Ben reports to work at 7:30am and works until 4:00pm each day (8 hours of paid work and one half hour unpaid off for lunch). He works Friday, Saturday, Sunday, Monday, Tuesday, and Wednesday and has Thursday off. His rate of pay is $12.32 per hour. What is his gross pay for each 6 days he works 8 hours a day, or 48 hours ?

$591.36

Su and Ramon are married. Each makes $15 an hour. They both work full time, all year. What are their combined gross wages?

$62,400

Now let's grab hold of the "in a work day" idea connected to overtime. Let's assume David works at a warehouse pulling products to be mailed to customers overnight. The customers want the products fast because they are compulsive commodity consumers. So David's supervisor asks him to come in at 7pm each night and work until 7am the next morning. The work day is defined as midnight to midnight each day. David comes in Monday night at 7pm and also reports Tuesday night, Wednesday night, and Thursday night. He earns $12.02 per hour straight time. How much does he earn in gross wages in a week, counting his overtime? (Forget lunch breaks etc for this one)

$637.06

It's Manuel again. But now that we are getting to know him, we just call him Manny. So....Manny gets called in to work seven days in a single week. He is called in on Sunday, the first day of the work week, and he works seven hours a day, Sunday through Friday. Then he is asked to come in on Saturday, and to work for eight more hours. He is now making $12 an hour. How much does he get in gross pay for the week?

$660

OK -- let's start out easy -- Phil works at small cafe. He works there Monday through Friday, from 7am, when folks really need their coffee, until 5:30pm, when he needs a cup of coffee to stay awake. In other words, he works 10 hours a day, with one unpaid half hour off for lunch at mid day. He is paid $12 per hour. What is his gross pay for each week?

$660

What is the Federal minimum wage?

$7.25

Malcolm works at the same warehouse. He works from 6pm until 7am each work shift. He comes in on Wednesday at 6pm and works until Thursday morning at 7am. He does this on Wednesday, then on Thursday, then Friday, and then Saturday. His pay is $12.64 per straight time hour. How much are his gross wages each week. (Let's ignore lunch breaks, etc again.)

$733.12

Holiday Time! Crazy Time! You have to work 7 days in a row. You work 8 hours a day every single day for 7 days straight. Your wage rate is $12 per hour. How much are your gross wages? (Forget the lunch thing for now, but remember there are rules about the 6th and 7th day of work in a row).

$768

The store is open from 9am to 6pm. The employer says you have to take an unpaid lunch break from 12 to 1230 and then stay until 530 pm. So you arrive and begin work at 9am. You take an unpaid half hour of lunch from 1200 to 1230. You then have to stay at the store until 530, working. In other words, you are at the store from 9am to 530pm, with an unpaid half hour when you can leave the store and have lunch. If you are paid $10 an hour, how much do you earn for the day?

$80

Now, how about this one: Same warehouse, but Julie is getting just $10.00 an hour as a brand new employee. She also draws a lousy shift - she has to work Thursday, Friday, Saturday, Sunday, and Monday, 7am to 9pm. She is off Tuesday and Wednesday. Same work week definition, same terrible job. How much does she get in gross wages for each 5 day period she works.

$900

How many times is "privacy" mentioned in the US Constitution in order to give it Constitutional protection?

If I do not think I am being paid minimum wages at the sweatshop where I work, the phone number listed on pg 308 which I should call is

1-888-275-9243

How many Amendments to the original Constitution make up the Bill of rights?

How many US Senators are there?

100

One million dollars is a thousand dollars a thousand times over; one billion is one million a thousand times over; how many billions does it take to make a trillion

1000

Section 3: Whoops, here's Tom again! Still doing it for $10 an hour. This time, he is asked to really bust his butt! He is asked to work 12 hours a day, for 7 days straight, to keep all the holiday shoppers happy. How much does he earn for the week?

1080

You're really catching on to this now, so let's take another fairly common situation. Holidays come and Macy's needs lots of extra help. So they ask Marianne to come in at 9am and stay until 11pm on Sunday, Monday, Tuesday, Wednesday, Thursday, and Friday of each holiday week. (She gets an unpaid half hour off for lunch but let's leave that out of the equation for now; let's also ignore that she could get another unpaid lunch period because of her long hours -- right now we are just concentrating on overtime pay). She is paid $$11.02 per hour. How much is she paid for each of these weeks? (It's not so hard -- just figure out what she gets each day, times the number of days she works....)

1160.08

OK. You've had a chance to get warmed up on this kind of math. Now we are going to change it just a bit. But to get the answer here, you need to keep in mind all the different pieces you have learned -- 8 in a day, 40 in a week, 7th day pay, after 8 hours on the 7th day, etc. -- put them all together a little at a time and come up with the answer -- just be patient and work your way through the week and you will get it. It's worth taking the time, since this is what you should do every week with your own pay stub, which has to put all this info on it. So -- Jose is going to SFSU, so he needs all the hours he can get from the restaurant. They like him and give him the hours -- during the period from one week before Thanksgiving up to New Year's, he is asked to work 7 days a week, 11.5 hours each day, starting on Sunday and working all the way through Saturday. Basically, he is at the restaurant and being paid to work 11.5 hours a day (he gets a half hour to eat lunch, uninterrupted by work, but it is paid as part of the 11.5 hours of work each day). His pay rate is $12.70 per hour What does he earn in each of these weeks for gross pay per week?

1169.18

How many colonies turned States sent delegates to the first Constitutional Convention?

If you add together the number of members of the California Assembly, and the number of members of the California Senate, total is

120

Section 3: Same guy, Tom, as last one. But this time, he is asked to work 8 hours on Saturday, after a full 40 hour work week. How much does Tom earn on Saturday?

120

Now, let's hone right in on what's real. Elizabeth works at WalMart. She is paid $8.43 per hour. She is asked to work Monday from 9am to 12noon, then Wednesday from 1pm to 4pm, then Thursday from 2pm to 6pm, then Friday from 9am to 1pm, and Saturday from 3pm to 7pm. In other words, WalMart screws up her entire week, and changes her hours from week to week, so she can't even take a second job, or get child care tightly organized for her children. And she makes so little, she qualifies for food stamps and Obamacare even though she would love to have more hours. But that's the WalMart way - underpay workers and let the government collect taxes from you to pay for benefits for WalMart workers -- think about it when you shop there next. At any rate, how much does Elizabeth get in gross wages each week on this schedule?

140.57

In September 2014, strikes took place in how many cities?

150

The first slaves arrived on the North American continent in what year?

1594

Which wage order covers certain parts of the construction industry?

How many Wage Orders are listed?

I incorrectly stated that the California Penal Code Section prohibiting murder is Section 287. What is the correct Section?

187

Correct 1.00 points out of 1.00 Not flaggedFlag question Question text In what year did the US Supreme Court decide Brown vs Board of Education and finally say that separate schools are not equal, and that all children have the right to go to the same schools?

1954

The case from Connecticut which referred to a Constitutional right to privacy, Griswold v Connecticut, was decided in what year, by the US Supreme Court (yes, it's research time again!)

1965

The US Supreme Court decision which states that people can marry across racial lines everywhere in the united states, and no state can prohibit this, Loving v Virginia, was decided in

1967

The volcano I referred to that my wife went off to see so she could write newspaper stories about it, Mt St Helens, blew up in what year? (you can use web to research this...)

1980

When was Meritor Savings Bank v Vinson decided by the US Supreme Court? (You will have to use Google or other search engine to answer this question -- it will teach you how to find cases and legal decisions on line).

1986

In what year did the Ninth Circuit make its decision in Ellison v Brady? (google search time again....)

1991

If you work a normal 8 hour day with a half hour unpaid lunch break, how many 10 minute rest rest breaks are entitled to get by law?

You will have to go to your textbook to answer this question. I have not lectured about it. If an employer wants to "exempt" a "white collar" employee from overtime pay, the "white collar" employee must be paid at least __________ times the minimum wage.

2 times

How many different tests does the IRS apply to figure out if you are an independent contractor or an employee?

Workers' Compensation laws were first developed and ennacted at the beginning of the

20th century

To pass a bill in the House of Rep by a majority, how many votes do you need?

218

Halla Banafa probably has her ____ birthday in 2013, judging by the report about her in this article.

23rd

If you are in the public sector, and you are not a "safety" employee, what's the most comp time you can accumulate on your payroll record?

240 hours

If your parents have health care insurance that includes coverage for dependents, for their children, then under the new Health Care Reform Act, coverage must be provided to the chlld until what age?

Slavery lasted in the United States approximately

275

What "Title" of the United States Code has all labor laws in it?

The Constitution sets forth how many branches of our national (Federal) government?

Which of these may be exempt from many wage and hour laws?

3 of the 4 mentioned in these answers

This reading has been included in the course so you know how important this material is to you in your life. I want you to see that we are not studying "abstract ideas" or things that only happen very seldom at weird workplaces. What we are studying are laws that are violated over and over by all kinds of employers - read your way through these cases and you will see that employees are cheated out of wages all the time. That's why you have to keep track of your hours, and study your pay stubs to make sure you are getting all the wages you should, every single week. Now, a few questions to encourage your careful reading of these case descriptions. First, how much did Starbuck's have to pay some of its employees because it did not pay for mileage when employees used their own cars to run errands for the stores?

3,000,000

Section 1 of Wage Order 7: What sections of this Wage Order do NOT apply to administrative, executive, or professional employees?

3-12

By May, 2014, there were actions in how many countries and USA cities?

35-150

Wyoming and California each have 2, and only 2, Senator. When the Senate votes on new laws, that means that each State has an equal number of votes to decide whether the new Law is enacted or not.

39 million in California and 600,000 in Wyoming

It's February, 2018. Juan works for a large company with hundreds of employees. He works in the State of California. He is paid the minimum wage which is lawful at that time in the State. He works 36 hours in a week. How much does he get paid for the week's work?

396.00

How many Justices are a majority of the California Supreme Court, who have the right to decide what a law means in the State of California?

If your injury is work related, you are entitled to ___ kinds of benefits, but if your injury is NOT work related, you are entitled to ____ kinds of benefits.

4-1

The United States did not have enforced anti-discrimination laws for approximately how many years of its history?

400 years

The main office of the Labor Commissioner in San Francisco is located at:

455 golden gate avenue

You live in San Francisco and you want to file a claim with the Labor Commissioner for unpaid overtime and vacation pay. You could go on line or do it by telephone, but you decide to go in person to discuss the claim before you file it. The address you would go to is __________. (Go ahead, get reckless! Use the internet, or even your textbook! What a radical concept!)

455 golden gate avenue

Adele works in Oakland. She is paid minimum wages. She works 38 hours a week. How much does she get in gross wages?

476.90

How many employees must an employer have before he can be charged with discrimination based on sexual orientation?

By August 2013, how many cities had been struck for a minimum wage of $15 an hour?

The United States has had clear and strong anti-discrimination laws being enforced for approximately how many years?

50 years

Section 3, moving right along: Tom is a full time employee, with a regular work schedule of 8 hours a day, 40 hours a week, Monday through Friday. Tom is asked to work on Wednesday for an extra 6 hours. Tom's hourly rate of pay is $10 per hour. How much does Tom earn this week?

500

what is my cell phone number?

510-715-4312

Dick Lee Pastry had to pay its employees how much in wages due and owing?

525,000

How many Representatives does California have in the House to Rep

Research time! What is the current IRS (Internal Revenue Service) amount you can get reimbursed by your employer for each mile you drive your car to do his business for him?

54 cents per mile

Section 3: Same old Tom again, still working at the same store for the same $10 an hour. But this week, he is asked to work 10 hours a day each day of the week, MOnday through Friday, because it is the holiday shopping season. How much does he earn this week?

550

How many people are receiving benefits from the Social Security Administration right now?

58,000,000

How much does an employee pay into the Social Security Fund so that he/she will have social security benefits for life upon retirement?

6.2%

How much did NBCUniversal settle an intern case for?

6.4 million

Kristina again. She is still working at the same restaurant, still making $10.74 per hour. But the business has picked up a bit. So they ask her to come in, same work week, on Sunday, Tuesday, Wednesday, Friday and Saturday, and work each day from 10:30am to 2:30pm, and then from 3:30 pm to 9:30 pm. (Let's ignore the lunch break issue here.) And just one more fact: on Saturday, they ask her to stay an extra hour, until 10:30pm, to close the place down. What is her weekly gross pay for these hours ?

606.81

The global life expectancy for all people in the world today is an average of

65 years

Time to do a bit of googling! How many Trustees signed the 2012 Social Security Trustees Report? (Hint -- the signatures are on one of the first pages of the Report)

If your employer makes a change in any of the terms set forth in your initial written notice, how long does he have to tell you about those changes?

7 days

What is the Federal minimum wage for non-tipped employees?

7.25 an hour

According to this article, womens' median income is what percentage of mens' median income?

77%

You work at a restaurant. You come in at 8am, serve breakfasts until 11am, and then you come in at 4pm and serve dinners until 8pm. That's a total of 7 hours each day of work. You earn $8 per hour. What split shift premium do you get for the fact that you work a "split shift"?

8.00

Wal Mart's in Las Vegas had to pay its employees how much for violating their wage rights?

85,000,000

Time for some research! Google Time! Find out how much a California Computer Professional must earn each year, as of 2015, in order to be exempt from wage and hour law, and most particularly, receiving overtime pay. What is that magic number?

85,981.40

In the strike in Chicago, what street was taken over by demonstrators?

How many Justices sit on the United States Supreme Court

Which Wage Order covers trucking which is used for transportation?

If you have ten dollars, and you lose 25 percent of it and then you earn 20% on what is left, how much do you have? (I know..but hey, 8th grade math class was kinda fun!) And this is important math to remember and re-develope.

9.00

The big public pension funds earned an average of how much per year during the last 25 years?

9.25%

In the years before the Civil War of 1861-1865, which brought an end to slavery, how much of America's economic growth and wealth was connected directly to slavery?

90%

You are paid $15 an hour. You work 11 hours a day for 5 days a week. That's because it's the Holiday Season. How much is your gross pay for one week?

937.50

Which Circuit Court of Appeals decided Ellison v Brady, the case about the IRS Office in San Mateo?

9th

Before the Constitution was ratified and became the law of the land, the first States had agreed upon what to provide rules for them to share and abide by?

Articles of Confederation

A Hollywood producer wants to make a biography of Martin Luther King Jr. He posts a notice in The Hollywood Reporter which states "Hiring for part of MLK Jr., must be African American." Legal BFOQ or Illegal Discrimination? (You may want to research this by "googling" "BFOQ race actor".....)

BFOQ to make film realistic and accurate Correct

Time for some research: what are 2 of the 5 biggest banks in the United States?

Bank of America, Citigroup

What is BET, as referred to in opening of article?

Black Entertainment Newtwork

The secret word for this lecture is

Blast

What was the fast food company that first had its sinks used as bathtubs on YouTube?

Burger King

If you are in a Defined Contribution Plan, then what is "fixed" and unchanging is

C - Contribution

The FCIC put primary blame for the crash on

CEO's and Government Regulators

The new Religious Freedom Act was first introduced in the

California Assembly

The CFRA is the

California Family Rights Act

In the laws of the States of the United States in the South, slaves were treated as

Chattel

If you believe you have been discriminated against because you are gay or lesbian, which agency would you go to?

DFEH

Jim has a complaint to file because his boss said he will not get a promotion because he is married and has 3 children and the boss is afraid he won't be around to work enough. Should he go to the DFEH or the EEOC?

DFEH

Juno lives in Oakland and works at a dentist's office with 8 other employees. She thinks she was denied a promotion because she is Philipino. She wants to file a complaint. What office should she go to to file it?

DFEH

The textbook for this course is written by

David Rosenfeld et al

A 401K Plan is a

Defined Contribution Plan

As to the second example: Is this deliberate discrimination or disparate impact discrimination?

Deliberate and Intentional

The third example --- is this deliberate discrimination or disparate impact?

Deliberate and Intentional

DFEH stands for

Department of Fair Employment and Housing

What is the skill a politician exercises in his or her workplace?

Developing and passing laws that govern your life

A law firm announces a new policy that all lawyers must retire at 65 to make room for new lawyers. Is this a BFOQ or is it discrimination based on age?

Discrimination Based on Age

Which agency of the Federal government did these women go to, to file Complaints, and secure help in winning their cases?

EEOA

The Federal agency with responsibility for taking discrimination charges from all over the United States, and not just in California, is called the

EEOC

EEOA stands for

Equal Employment Opportunity Act

FLSA

Fair Labor Standards Act

What do the initials FMLA stand for? It is a law we will study --

Family and Medical Leave Act

Is the Equal Pay Act a Federal law or a State law?

Federal

the three layers of minimum wage laws

Federal, State, Local

Slaves first came to the North American continent in the area which would eventually become the State of

Florida

GINA is

Genetic Information NonDiscrimination Act

Who was the President of the United States in October to December 2008 when the stock market crashed?

George W Bush

A "plaintiff" is a person who files a complaint, a lawsuit, against someone else. What is the name of one of the plaintiffs in this lawsuit?

Glatt

The woman dressed in yellow who speaks up for minimum wage workers is who?

Hillary Clinton

Section 3B now: Your employer wants to create an alternate workweek for all the people on your shift. He wants you all to work 4 days a week, 10 hours a day, for a 40 hour work week. What must he do?

Hold a secret ballot election of all employees affected and get a 2/3's vote to do it

A Mosque needs someone to repair its asphalt driveway. It puts up an advertisement that says "Paving company needed to pave Mosque driveway. Must be Muslim." Is this legal BFOQ or illegal discrimination?

Illegal Discrimination

California's governor is named

Jerry Brown

A nickname for the nasty practice of racial segregation in the United States that took place from the end of the Civil War until Brown v Board of Education was decided was

Jim Crow

Section 1 again (and Sections 3 through 12, which do not apply to exempts): Julia is an exempt professional employee. Which one of the following applies to Julia?

Julia gets NONE of the above because she is exempt

The first strike that took place in multiple cities in the same week took place when?

July 2013

The case in which the United States Supreme Court ruled that abortions are protected by a woman's right to privacy, as well as other Constitutional rights, was written by what Justice of the Court? (I mentioned him, but you can also find it by research!)

Justice Balckmun

In the 1896 decision about Mr. Plessy, called Plessy v Ferguson, what was the name of the only Justice on the Court who dissented and said the Court's majority Opinion was wrong?

Justice Harlan

The United States had its own racist terrorists who lynched, burned and killed men because of the color of their skin, who were called the

KKK

What State refused to let African-American children go to the same schools as Caucasian children, which resulted in the case called Brown v Board of Education?

Kansas

An MSNBC "Ed Show" had film of protesters being arrested in what city?

Little Rock, Arkansas

The website where there is more information is what?

LowPayIsNotOkay.org

The man who was President when the Civil Rights Act of 1964 was ennacted, and who worked very hard to get Congress to pass the law was

Lyndon Baines Johnson

What are "social media"?

Media where people communicate with each othe

The guy with the curli-que hair who goes for a bath in the first you tube in this lecture calls himself

Mr. Unstable

If you have a complaint about discrimination based on your sexual orientation, can you go to the Federal EEOC to file a charge that it violates Title VII, like you can with a race discrimination claim?

NO, sexual orientation...

The NCAA is the

National Collegiate Athletic Association

NLRA stands for

National Labor Relations Act

The first fast food strike listed in this video took place in what city on what date?

New York City November 2012

Your manager asks what your medical condition is so he can figure out where to put you to work without causing you any further injury. You tell him what it is all about -- a congenital heart condition. He is fascinated and talks to his supervisor about it, and they talk about it at a firm picnic with other supervisors because it is such a fascinating condition. None of them mean any harm, but pretty soon, most of the people in the workplace know about your health condition. Is it legal for management to share this information as long as they do not mean anyone any harm?

No way, this is private info which cant be disclosed this way

Jake is a real loudmouth. The manager tells him to speak quietly because his loud voice upsets customers in the store.

No, because Jake is not in a "protected class"

Reynaldo is French. He comes to the US, gets a job in a furniture store and sells high priced furniture to snooty people. The manager likes the fact that Reynaldo has a French accent and can talk French with the snooty customers who come in to buy the fancy furniture. Then a new manager comes to the store, and says "No more French -- I can't tell what you are saying, so just stop it." Reynaldo ignores the manager and keeps speaking French and the manager fires him for it. Is this UNLAWFUL?

No, because it has nothing to do with discrimination laws, it is just plain insubordination

You get really angry at your manager one day. You yell and scream at him. You call him every name in the book. You tell him what a low life scum-sucking rat fink worm-eating dog he is. He finally blows up and says "you're fired! get out of here!" You say "give me all my pay and vacation due and owing right now!" He says you will get it in the mail on the next payday. You leave. Is it legal to mail it to you on the next regular payday?

No, it must be paid at time of termination Correct

Brandon works at a womens' clothing store. Every Friday, for lunch, all the other workers and managers, who are all women, go out to lunch together. They exclude Brandon because he is a male. The lunch is on their own time, it is unpaid meal break time, and they voluntarily choose who they will have lunch with. They just prefer to have an all womens' lunch without Brandon. Brandon feels like he is being discriminated against in the workplace because they won't let him come to lunch with him. Is not letting him come to lunch UNLAWFUL?

No, it's their own time and they can eat with whomever they want

When was this video published on youtube?

November 2014

The video reports that in the 1970's, a new Federal law was passed to help protect workers' safety and good health at work. What is that law called?

OSHA

The elected leader who speaks up for a decent minimum wage on an MSNBC show is from where?

Ohio

One of the laws we will discuss limits its benefits to women only. Which one is it?

PDA

Who is the Assembly member whose District includes SFState and part of Sane Mateo?

Phil Ting

The Bakke case stands for the proposition that

Race Discrimination Can Be Against Whites

Which Unions do I mention as supporting the Fight for Fifteen?

SEIU&IAM

What is the capitol of California?

Sacramento

The CITY of San Francisco is in the COUNTY of

San Francisco

The second city listed in the video where a strike took place was

Seattle

We try to start every lecture the same way?

Showtime

Who is discriminated against by a law that says "Do Not Spit on the Sidewalk"?

Sidewalk Spitters

The college where Hill v NCAA arose is

Stanford

The trial courts in the State of Cali are called

Superior courts

OK, here's another question I promised you in the lecture: who is the Chief Justice of the California Supreme Court

Tani Cantil-sakauye

You believe your rights under this Wage Order have been violated. Where can ou go to seek a remedy?

The California State Labor Commissioner's Office

To file a complaint about sexual orientation discrimination under California State Law, you go to which agency?

The Department of Fair Employment and Housing

What Title of the Education Amendments Act guarantees equality of the sexes in all Federal spending for education and educational institutions?

Title IX

The Title of the Civil Rights Act of 1964 which guarantees equality in the workplace is

Title VII

OK, here's the question I said I would ask: what city did Brown v Board of Education originate in? This is the case, decided in 1954, by the United States Supreme Court...

Topeka, Kansas

If you go into someone's home uninvited, what is this called?

Trespass

The textbook is available where?

UCBerkeley

Of the 4 nations shown in the first chart, in which did the richest 1% get more than 2x the national income as the rich got in the other 3 nations?

USA

Which nation in the world has the largest economy and therefore should have the wealthiest people, the best education/healthcare/infrastructure/etc. if it distributed income fairly?

USA

One of the following four is not a manifestation of sexual harassment, a necessary ingredient which is part of the unlawful act of sexual harassment. Which one?

Welcome sexual touching

What is the first question I pose in this course?

What is a Law?

If my son, who is 1/4 Hispanic, marries a woman who is 1/2 Japanese American, what race will their children be?

Who the hell knows and who the hell cares

Who has to review every pay check and make sure you are paid accurately and fully?

YOU!!

Sally Anne comes to work one day with a badly injured knee. It happened when she slipped and fell at home the night before....

Yes

Ray works at an auto body shop. He helps repair cars that are wrecked in bad auto accidents because people are holding onto their cell phones instead of the steering wheel. He has to do a lot of bending and he does some heavy lifting, every single day. After about 3 years, he wakes up one morning, after working a 14 hour shift and his back is totally frozen -- it hurts horribly and he cannot move. He calls in sick, and finally goes to the doctor and finds out his back is in really bad shape. Can he file for workers' comp for a work related injury?

Yes, because it's work related and that's all that matters

Your employer is completely tolerant of every religion. He is very open about this and allows his employees to practice their religions freely. He allows them to wear hijabs and beards and turbans. But he does not allow atheists to wear big buttons saying "I am an atheist." Is this legal?

Yes, because this is not a religious practice or observance, it is just a political statement.

Gloria works in an auto repair shop. She is a mechanic and works on cars all day. The manager pays her less than the men in the shop and just gives her the light work. He says women can't handle heavy work, like removing an entire engine from a car and overhauling it, because it is just too "heavy", too "difficult", and too "overwhelming" for a small woman like Gloria. Is this UNLAWFUL?

Yes, it is gender based discrimination

Jane works at a young womens' clothing store downtown. She is African American and almost all the customers are Asian. The manager puts her in the back of the store, in the stock room, and won't let her work in the front of the store. He says he likes her, he thinks she does a good job, he is not doing this because of her race, he is just doing it because the customers prefer to be waited on by other Asians. So all the clerks up front are Asians, and Jane works in the back to keep the customers happy. The pay is the same in both jobs. Is keeping Jane in the stock room UNLAWFUL discrimination.

Yes, it is race based discrimination

Reynaldo works for a soccer team. One day a fan throws a bottle from the stands and it hits Reynoldo and he needs stitches to sew it up. Can he get his medical expenses paid by workers' comp?

Yes, it's a work related injury and that's all that matters

A group of men live on a stationary oil rig in the Gulf of Mexico, for 30 days at a time. They all gang up on one guy because they think he's gay. They make fun of him, they wag their private parts at him, they engage in all kinds of mean sexual acts aimed at him. Are they guilty of illegal sexual harassment? (This is a real US Supreme Court case, the Oncale case).

Yes, it's sexual harassment

Jack comes to work one day really upset about a personal relationship. He is so distraught, he does not look where he is going, and walks right into a door at full speed and breaks his nose. It's clear that he was not paying any attention at all to what he was doing, or he would have seen the door between his office and the next one, although plate glass and easy to see through, was closed and locked. Is he entitled to receive worker compensation benefits?

Yes, it's work related and that's all that matters

If a guy simply writes love letters, asks a woman at work out on dates time and again, and hangs around her desk, after she makes it clear that it is all unwelcome, can that be enough to get him in sexual harassment trouble and a lawsuit?

Yes, look at Mr. Gray in Ellison v Brady

Sam is Mexican-American and works the night shift at a 24/7 McDooDoo's Hi Cal Early Death Drive In. His manager tells him he has to work the french frier all night because there is so much grease and Mexican-Americans are greasy. The manager says this to all the workers -- he says he is not being racist, he just wants to make sure that people are well-adapted to their jobs and is just trying to do the best he can. Sam and his fellow workers file a complaint at the DFEH. Will they win ?

Yes, the manager is discriminating based on national origin

Mohammed is Muslim. He works at a high risk job fighting forest fires. One of the other workers, a white guy, does not like Mohammed. He calls Mohammed "rag head" and constantly makes fun of him for being Muslim. During one big fire, he tries to push Mohammed off the side of a hill and down into a fire, saying that's what all Muslims deserve. Mohammed complains to management about this and is transferred to a desk job which pays less but is away from the man who was trying to hurt him. Has management discriminated against him in an unlawful manner?

Yes, they have transferred him and are paying him less based on his religion

Jose is from El Salvador. He works at a grocery store in the Mission District. He does good work. But after a year, when he asks for a raise, the manager says he is not giving him a raise because most of the customers are Mexican, and they seem to like the Mexican workers better than they like Jose. So he gives a raise to the Mexican workers, but not Jose. The manager says he likes Jose, but he has to give raises only to the workers who seem to please the customers the most. Jose thinks the manager, who is Mexican, is just playing favorites. Is the manager engaging in UNLAWFUL discrimination by not giving Jose a raise?

Yes, this is national origin based discrimination

If two people disagree on what a law means, and how it applies to a dispute they are having, the way they can legally and properly resolve this dispute in our society is to go to a

a Court

A public employee is someone who works

a governmental entity

If we call someone a "public" employee, for whom do they work?

a governmental entity

What have I asked you, in this lecture, to keep with you whenever you work?

a notebook to record your work time

Who is Cathy Ojeda?

a plaintiff

What is an employEE?

a worker for the business

Roe v Wade (1973), a United States Supreme Court case, stands for the proposition that

abortion is legal

How much more of your wages would you have to pay to Social Security so that it would be solid and able to pay all beneftis for your lifetime?

about 1.3%

I stated that there are about 325 million people in the United States today - that's a few million high for the moment, but assuming we will be there very soon, what is the number, roughly, of American citizens, who have assets all added up together from the bottom up, equal to that of the Walton family, who simply inherited their dad's dough? (Go ahead - do a little arithmetic....)

about 130 million

Jake wants to put an initiative on the California state ballot that will say that no State University can charge tuition. To put that on the the ballot, how many valid voters' signatures would Jake have to collect?

about 400,000

In our democratic open society, who seems to be getting almost all of the national income?

about a tenth of us

How much less taxes will the Walton family pay if there is no estate tax? (or, in other words, how much less with the government receive from the family to pay for public education/healthcare/infrastructure, etc,)

about thirty two billion dollars

Approximately what percentage of Americans have to pay any estate tax at all when they die?

about three tenths of one percent of all of us

Your employer says 'no vacations here' when you start employment, and when you ask for vacation after you have worked for him for three years, he says "sorry, no vacations here -- if you try to take one, you will not have a job when you come back. we dont have vacations here." Is that legal?

absolutely legal

If your regular work schedule is 35 hours per week, every week, are you entitled to over time pay after 35 hours in a week, or after 40 hours in a week?

after 40 hours in a week

Laws which do NOT cover people who are Independent Contractors (in lecture and in textbook @ pg.13)

all four

At pg 101 of the textbook, some of the reasons listed to go to the Labor Commissioner to file a wage claim include:

all of the above

Retirement is about more than money. It is also about

all of the above

The General Counsel of the NLRB says companies should not fire people for

all of the above

The overall demographic problem which pension funds in every industrialized country face is that

all of the above

There are a few deductions which can be made even without voluntary written authorization by a worker. These include

all of the above

If you click on "exemptions" to find out who is "exempt" from being paid overtime pay, you will find out that "exempt" employees include

all of the four choices here

The First Amendment to the Constitution includes the right to

all of these

This new law requires employers to give new employees, in writing, information which includes

all of these

Wage & Hour rights which independent contractors do NOT have include (in lecture and in textbook at pg. 13)

all of these

Dick Lee Pastry in Chinatown had a real problem. The problem:

all of these 3

In the textbook, at pg 14 and 15, there is a discussion of what remedies you can seek out if you think you are misclassified as an independent contractor. Which agencies does it mention?

all of these but one

Since you know how I think about these things, which of the following job categories do you think I would say should be well paid and honored as skilled professions?

all of these skilled professions

A "FEDERAL" law applies to

all the State in the United States of America

When demonstrators went to protest low wages at McDonald's headquarters, what did Mickey D do?

arrests of demonstrators

How many interns were affected by this case?

as many as 1000

How old do you have to be to be protected against discrimination based on age?

at least 40

"Dooced" means

being fired for what's on a blog

what is my name?

bill sokol

Who can a victim of sexual harassment sue?

both

The name of the case that the California Supreme Court just decided concerning rest breaks and meal periods is the ______________ case.

brinker

If you do not have a Union contract, an individual employment contract, or civil service rules, then you are

by definition an employee at will

BFOQ stands for:

c. Bona Fide Occupational Qualification Correct

In what state was the KFC where at least 3 young women went bathing in the sink?

california

Jorge wants to file suit for discrimination. He is from Mexico, he was not promoted, but a white person was, but Jorge cannot do the job he wanted to be promoted to, and the white person can do it. What element is missing from a prima facie case?

can do the job

Possible employers who may want to hire you

can see all kinds of things you put out on the web

The first tweet which got someone fired from a job, or really, never hired in the first place, was about what company?

cisco

What is a CBA?

collective bargaining agreement

What is the "magic word"?

compensation

Who makes the laws about who pays how much in Federal taxes?

congress and the prez

What is the CPI

consumer price index

When speaking about Social Security, COLA stands for

cost of living adjustment

What can you NOT be terminated for?

d. Lack of Religious Beliefs Correct

The Fourteenth Amendment to the United States Constitution guarantees

d. the right to equal protection of laws Correct

The General Counsel of the NLRB has taken the position that it is against the law for an employer to

d. to terminate a worker for 'facebooking' with other workers about work conditions Correct

A pension plan is a bucket of _______________ income

deferred

Is the example in the question above, number one, is this deliberate discrimination or disparate impact discrimination?

deliberate and intentional

The Queen of the Sky was from what airline?

delta

After filing a lawsuit, but before going to trial, both parties have to engage in

discovery

What is the number of the California State Senate District which SFSU is in

district 11

ERISA mandates, with respect to the investments of pension funds, you should _________ your investments.

diversify

Which pizza company made it to YouTube because it was obviously serving "Booger Pizza"?

dominos

What is the name of the blog which cost a woman her job and which also made her famous ....time to do some googling....doesn't take too much work....

dooce

The "magic word" for this lecture is

dooced

My wife's sure fire diet is:

eat less exercise more

Who decides that if I do not pay $10 to Macy's when they send me a credit card bill, that is a "civil" wrong, but if i do not pay $10 to macy's for a belt I steal from the store, that is "criminal"?

elected politicians

Workplace privacy laws try to strike a balance between two things:

employee privacy and employer right to know

The great compromise in workers' compensation law is between

employers and workers

An employer is someone who

employs someone else

Is there an "exception" or an "exemption" for "learners" from the minimum wage which lets an employer pay a learner less for a certain limited period of time?

exception

magic word?

exempt

Section 1, continued: Jane Jones is the Executive Assistant to the Company President. She does all his typing and keeps his schedule. She also meets with other executives when he cannot and fills in for him, and she composes and writes letters when he doesn't have time to get to them, and she makes important decisions for the company subject to his later approval. No one works for her. Jane is an

exempt administrative employee

Which do I say is more important, exceptions or exemptions?

exemptions

If you keep your postings "private" on Facebook, you are totally safe and no one can see your postings except the people you want to see them.

false

In the opinion of the lecturer, $15 an hour is an adequate wage to live the good life in the Bay Area.

false

Laws are always the same, they never change, once they are written they are carved in stone and can never be different. True or false?

false

The new law protects a Muslim woman's right to wear a hijab at work, but not a Sikh's right to wear a turban at work -- True or False?

false

In the chart showing what has happened to tax rates for the super rich top 1 percent, what happened to their taxes as a result of tax cuts passed from the years of Ronald Reagan to the years of George W Bush?

fell about 50%

When a nation industrializes and people have better food, better health care, more money from work, and better living conditions, they generally have __________ children

fewer

If you report sexual harassment to a supervisor and the supervisor does nothing, what should you do?

go over to the supervisor

You have listened to me lecture for some weeks now, so you have some idea of how I think about work and the workplace. Which of the following do you think is what I would tell you about waitressing?

good waitressing takes incredible skill and expertise in working with people

The executive branch of the state is filled by a

governor

What color is the textbook you are suppose to buy and use?

green

What happened to the shift manager at the hamburger joint where the first bath took place, according to the tv announcer?

he no longer works there

PRACA, which I pronounced Pee-Packa, is a law all about

health care

The Union which gathered signatures to put a minimum wage of $15 an hour on the California ballot represents workers in which industry?

healthcare

Does California have a higher minimum wage than 29 other States, mostly in the South, or does it have a lower minimum wage?

higher

The Company Human Resources Department uses Facebook to see applicants' photos. If the applicant has something on their page that suggests they are gay or lesbian, the company does not bring them in for an interview, and it does not hire them. Legal or illegal? (Think about what you put on your Facebook page before you put it on -- we will have a lecture on this later in the course....Social Media and the Workplace)

illegal

The Company hires people from all kinds of backgrounds and all kinds of genders. But only men get promoted to the jobs that pay over $10.00. Legal or illegal discrimination?

illegal

The shop hires equal numbers of men and women. But it employs all the women during the day shift, for $10 an hour, and all men at night, for $11 an hour. A woman says "I want to work nights and make the extra money." The company says they will not let her because the industrial neighborhood is unsafe, and even though there have been no incidents, they don't want women coming and going from the shop at night because they are afraid they will attract "bad people" and there will be violent attacks. Legal or illegal for the company to do this?

illegal

Childrens' Hospital says we hire women only as nurses because they are kinder, gentler, softer, and sweeter with kids than men. Is this legal or is it illegal discrimination?

illegal discrimination

IRS stands for

internal revenue service

Which of the following is NOT discussed as a definition of what a law is?

interstices interspersed between the nexuses of social behavior

An employee is someone who

is employed by someone else

The two women described in these stories are probably adherents of what international religion?

islam

From 1973 to 2007, how much did the share of national income of the top one tenth of one percent of all Americans grow?

it quadrupled

President Obama says if he were looking for a good job that provides some security for his family, he would do what?

join a Union

Who is currently California's Labor Commissioner?

julie su

Can you speak frankly and honestly about bad customers at the store or restaurant where you work, when you go out on Facebook?

just no way

Which Supreme Court Justice wrote the Opinion in Meritor Savings Bank v Vinson? (Again, you will have to do some web research and try to find the answer.)

justice rehnquist

Which of California's Codes in Section 96k in?

labor

The primary two reasons given in the lecture for considering this set of lectures of importance are

likelihood of accidents and bodily illnesses/sicknesses

If the sexual harassment you are experiencing seems to be "minor", what should you do?

make clear that is it unwelcome

Same as the last question, but this time, what kind of discrimination is it?

marital status

The Fox Business News website warned that public pensions

may be in crisis

Social Security provides three (3) kinds of benefits. Which kind does it NOT provide?

medical benefits

This lecture suggests that the single most important workers' comp benefit is:

medical expenses

Hani Khan settled her case after she was an employee of which Abercrombie Fitch store?

milpitas

Research time: by March 2012, how many "tweets" were going out on Twitter every day?

more than 325 million

Some people and their elected representatives complain endlessly about how bad the government is, and how it costs too much, and how it should be trimmed down, or shut down. As a result of these constant attacks on government, how many womens' jobs in government (also called "the public sector"), like teaching, nursing, policing and firefighting, have been lost since 2009?

more than 400,000

The laws being taught in this course are

mostly state laws, but a little bit of each

If someone breaches their duty of care to you and causes you some injury by being careless, the law calls this

negligent

The law in question originally had a 'bill number' of

nineteen sixty four

According to this lecture, do employers always treat "interns" correctly and fairly in accord with the law?

An customer is angry at you because when you came to his table to wait on him, you did not smile. He growls that you are a sour puss and sweeps the bread basket off the table. Your manager says you have to pay for the bread because you caused the problem in the first place by being a sour puss. Is this a legal deduction?

Betsy was hired as an "executive assistant" to a manager. Her job is to keep track of all his appointments, typing the letters he dictates, getting coffee for him, and filing all his mail. Does this mean she is "exempt" from overtime requirements?

Bill Lerrouchee was a prisoner at Lompoc Federal Prison in California. He was required to sweep rooms regularly, performing janitorial services. He worked right alongside regular employees of the prison system who were earning full wages and benefits. Was Bill entitled to be paid at least minimum wages?

Bob is concerned that his boss keeps calling him racist names. He wants to prove to upper management that his boss uses racist terms. Bob secretly records when he and his boss are alone talking to each other and his boss uses racist language. Is Bob engaged in legal behavior?

Bob volunteers at his church. He goes around with the collection dish at the end of the religious service. He does this every Sunday morning for an hour. Is he legally entitled to be paid for this work he does for his church?

Can a fashion store that specializes in selling clothes to teenagers insist that it will not hire women who are married to be sales people, because they think teenagers just want to talk to unmarried women?

Can an employer lawfully discriminate against an employee based on their race?

Do all employers in California allow their employees to have an unpaid half hour lunch period and at least two rest periods every eight-hour work day?

George sits at his desk and picks his nose and laughs about it even when you say please don't do that because it's gross. Is this sexual harassment?

Googling research time! This is not in the lecture. Time to go out there into research land! Does this new Wage Theft Protection law apply to governmental employees, that is, to 'public employees'?

I worked in a grocery store. I stocked shelves. I worked with the owner's son. His son was always complaining because his father did not pay him. Could he have filed a complaint to recover wages not paid for work performed against his father?

IWO 7, Section 8: You are a cashier at a clothing store. The cash register comes up $223 short at the end of the day. No one can explain why this happened. Can the employer deduct this amount from your check?

If an employee is titled a manager is that sufficient to be excluded from overtime because he/she is an executive?

If someone welcomes your attention and encourages you to ask him/her out on dates, and even asks you out on some dates, is that sexual harassment?

If the employer says "be sure to take your 10 minute rest break each morning and each afternoon and you can do whatever you want during the breaks, and of course, you won't be paid for the rest breaks." Is this legal?

In 1896, when Mr. Plessy took a ride on a railroad in Lousiana, and sat in a car reserved for Whites, even though he was classified as "Coloured", and he was arrested for it, did the Supreme Court say that was a denial of equal protection of the laws?

Is it lawful for an employer to tell you when he hires you that he will pay you $11 per hour and then pay you just $10 an hour, with no prior warning, because business is bad?

Jim invites Jennie out to dinner. Jim is a manager, Jennie is a waitress. They really like each other. They go on several dates and spend several nights together. When there is an opening for hostess, which pays more than waitress, Jennie gets a promotion to that position. They continue to really like each other and date each other. Is this unlawful quid pro quo sexual harassment of Jennie by Jim?

Jon files suit because he believes his employer has unlawfully discriminated against him. He is Chinese, he does a good job, but he did not get a promotion he wanted because another Chinese worker got it. Does he have all the elements of a prima facie case?

Once both the House and the Senate have voted to adopt the same law, is that the last step in having a new law?

One more time to that textbook! Page 93 again. Your employer's payroll department will cash your paycheck for you right there at the company, for a charge of only 50 cents. Is this legal?

Randy is brought in as an intern at a science lab. He is in charge of cleaning up after all experiments. He sweeps the floors, he disinfects some areas, he erases blackboards and whiteboards, he washes down spills, he keeps the lab clean and sparkling. In return, he gets to go to all the meetings of scientists, he gets to watch experiments, he gets to ask questions, he gets to read the papers that are prepared in secret about the experiments. Is it legal that he is not paid for this?

Same Rob, same facility, as in last question. Marvallene loves to be hugged, and when Rob hugs her every morning, she hugs him right back and gives him a big smooch. Is this illegal sexual harassment?

Section 13: You have to change into a uniform for work each day, so the employer keeps all uniforms hung up in the stock room in the back and asks you to just change in there. Is this legal?

Section 14: You are a cashier at a small store. There is room behind the counter for a stool, but there is not one there. Is this legal?

Section 15: You are an exempt professional employee working in the offices of a large retail establishment. The room you work in is not included in the central heating system in the Winter, and the temperature in your office sometimes goes down to the 50's. You demand that you get heating in your office. the President apologizes but explains that a space heater would be an electrical hazard and you you should just bundle up. He says you are an exempt professional, so this Wage Order does not apply to you. Is he correct?

Section 3B: Your employer goes through all he must go through to establish an alternative work week of 10 hours a day, 4 days a week, with no overtime. Someone comes to work after this has been in place for six months. The new employee says that because of child care issues, he can only work 8 hours a day. does your employer have to accommodate this request?

Section 3G: Jim is a night watchman at a grocery store. He is supposed to walk around the outside perimeter of the store from 10pm to 6am every night, to scare off any possible criminals. he is told that he can buy sandwiches from the sandwich machine, next to the soda machine, outside the store, and that he can take his lunch break at the picnic table next to the store out by the vending machines. Is this legal?

Section 3L: One more example -- same as number 17, but your employer says "okay, but I won't need those extra 2 hours until our special sale 3 weeks from your early day, so put in the extra 2 hours at that sale." Is this legal?

Section 3L: You work 8 hours a day, 5 days a week. Your employer says one day, "It's slow today, why don't you go home 2 hours early today, and you can just work an extra 2 hours tomorrow to make up for it, without overtime." You say "okay" and do it. Is this legal?

Section 7: When you get your paycheck every 2 weeks, it shows a total number of hours worked and the amount of pay you received. You are not sure you were paid correctly, so you ask to see the employer's payroll records to check the time you worked, and all the deductions. The employer says these records are kept at headquarters out of town and are not available for you to review. Is this legal?

Section 8: You are a sales person at a large department store in the shoe department. You accidentally bump into a display table, knock over a bunch of shoes, they fall onto the floor, where there is wet paint, and some of the shoes get ruined by the paint stains. Can you be charged for the ruined shoes since the accident was your fault?

Section 9: Your employer requires you to wear a uniform to work each day of a distinctive color and design, complete with your employer's logo on it. Your employer asks that you keep the uniform clean and pressed, by taking it home each night and laundering it at least once a week. You are not paid for this, it's just part of the job that you were told about when you were hired and you agreed to do it. Is this legal?

When at work, and sexual conduct occurs, should "no" ever be used to mean "yes"?

When you are looking for a job, is it legal for a possible future employer to ask you about your sexual orientation in your employment interview?

You are in charge of the cash register at the gas station convenience store. You are responsible for all cash in and cash out of the register. The employer counts the cash at the beginning of the shift and again at the end, and compares it to the cash register tape. Whenever the register is "short" of money, he automatically deducts this amount from your paycheck. Is this legal?

You are living at someone's home as a full time nanny for the children. You work for six days a week, week in and week out. Is this legal?

You are stacking blouses on a table at the store. You accidentally tear one of the blouses. You report it immediately to your manager. He blows up and says the cost of the blouse will be deducted from your check. Is this a legal deduction?

You are working 8 hours a day, 5 days a week. Your boss says things are slow, so you can take off early and make it up tomorrow....without overtime .... he says "go home today 3 hours early and just stay 3 hours extra tomorrow...without overtime." Is this legal?

You start to leave the clothing store where you work to take your lunch break. Your employer says "you have to stay on premises in case I need your help during the lunch hour, because it's pretty busy today." Can he do this legally?

You wear a cross to work at a retail store, over your blouse. Your boss says "Please take that off or hide it. I do not want to offend our non-Christian customers." You refuse to hide it. You are sent to the stock room where there are no customers, but you are paid the same rate of pay as if you had done your usual job out in the front of the store. Is this legal?

You work at Wal Fart, I mean Wal Mart.....you work 4 hours a day, every single day of the week, 7 days a week....do you ever get any 7th day pay or overtime or some kind of extra pay for working 7 days in a row?

You work at a computer when you are at work. You can't always get all your work done during your work day. So you come home at night and sometimes catch up and finish your day's work at home. Your boss knows this, but when you ask for pay for this work at home, he says "you're supposed to do it during the day...if you can't get it done at the office, that's your problem, not mine, I'm not paying, and you just better get it done anyway." Legal?

You work in a doctor's office. You accidentally knock over a vase of flowers and it breaks and water goes flying all over the room. The office manager helps you clean up, and then tells you that this vase was one of the doctor's favorites, that she will run out and buy another so the doctor does not notice, and that you will have to pay for the new vase since it was your fault. Is that legal?

Your boss says you have to stop wearing dirty jeans and dress more neatly. You say that they are the only jeans you have. He says the customers see you when you come to the front of the restaurant so you have to wear clean clothes. You say no way, it doesn't matter, you won't do it, he's just picking on you because he doesn't like you. He says that's right, I don't like you, because you wear dirty clothes --- you are fired. Is this illegal discriminatiion?

Your employer is told by 3 different workers that a group of workers are going into bathroom stalls to snort cocaine. He decides to put a secret camera in the bathroom to record people snorting coke. He puts the camera right over the stalls of the bathroom. Is this legal?

Your employer pays you every week in cash. He does not give you any paycheck and he does not give you any paycheck stub or any record of what your rates are, what deductions were taken, and so on. Is this legal?

Your employer provides you with a written description of your benefits when you begin. It says you will get 2 weeks vacation after your first year. At the beginning of the second year, he tells you sales are way down, you are a wonderful employee, and that he simply can't pay you the vacation he promised you, and besides, you are too valuable to do without for two weeks. You demand your vacation. Can he legally say "sorry, no vacation."????

Your manager finds out you have diabetes and decides he doesn't want you around because you might get worse. He secretly tells the company president that he is going to get rid of you because of your diabetes, and the first time you are late, he fires you because of your diabetes. Is that legal?

Your manager says that you are being suspended without pay for 2 weeks because you have the worst attendance record in the store. You say that's not true, that he is suspending you because you are a woman. He says it has nothing to do with your gender, that he suspends anyone who has 10 absences in a year, and you are the only one with a record that bad. Is this illegal discrimination?

Your manager says you have a nasty personality that he cannot stand, so he won't promote you and he picks someone he really likes. Is this illegal discrimination?

Your stockroom lead person says she is assigning you to sort the clothes, which pays 8.25, but not to stock the clothes on the shelves in the stockroom, which pays 8.50, because you are short and the shelves are just too high for you to reach. Is this illegal discrimination?

Roxanne is flying her airplane on her day off. She crashes. Medical expenses are high. She files a workers' compensation claim. She says she is entitled to workers' comp because she would not have been injured if it had not been a day off and she had been at work. So she says it's all the work's fault and she should get workers' comp. Will she win her case?

no (lecture 61)

Your supervisor says " the clean up is not quite done, please clock off and do the last bit off the clock because we cannot afford to pay you any more for the day" - this is something Carl's Jr. did according to a lawsuit - is this legal?

no - an employer has to pay you for all hours you work

The defense offered by the film makers in this article is:

no comment

You quit your job before you can take the 5 days of vacation that are still on the books that you have earned. Your employer says "sorry, if you quit, you don't get the vacation time you had on the books." Legal?

no damned way, it's yours

Workers' compensation law provides that benefits are paid regardless of who is negligent or responsible for an injury at work. This is called a _______________ system. Fill in the blank.

no fault system

the "magic word" is

no magic word

Renita wants to work at Pixar -- the most successful movie studio in the US -- located right in Emeryville -- the home of Toy Story, and other monster animated hits. She really really wants to work there. She gets an interview with her father's friend, who works there, and he agrees to bring her in and let her work there for free as an intern, as long as she doesn't tell anyone about it because then everyone she knows will want to be an intern, too. She goes there everyday all summer and learns a ton, she gets to help with animations, and she works on their next big movie. She is totally excited by the experience and they really like her work, so they say she can keep interning during the school year as long as she stays quiet about it and does not let anyone in on the secret. Is this a legal internship arrangement?

no way, it meets no criteria whatsoever, it stinks in the eyes of the law

You are a waitress in a nice restaurant where the work is not unbearable and the management makes an effort to be reasonable. One of the rules at the restaurant is that if a customer skips out without paying the check, you must pay for the check since you let the customer get away with it. Is this legal deduction from your paycheck?

no, absolutely no way, it's just not legal

Professionals are exempt from overtime wages. The WhoFlungDiddy Restaurant hired Jeannine and said we are not going to pay you overtime when you work as a cashier because you are a "professional". Does Jeannine's work exempt her from overtime as a "professional" since she does not get her hands dirty and wears a "white collar" to work everyday?

no, because it does not require four years of college and additional training and certification

Your employer says that there has been a tsunami in Thailand. He says he is going to deduct $25 a week from each worker's check for the next three months and give it all to the Red Cross for victims of the tsunami. Is this a legal wage deduction?

no, because no voluntary written authorization was secured

Bob gets a summer intern job at the DiddlyBump Daily News, a local newspaper. He fill sin for all the reporters who are on summer vacation. He gets 3 credits from his college, and his stories are in the newspaper almost every day because there are so many reporters out on vacation. He doesn't get paid because he gets 3 credits for doing this. Is it legal not to pay him?

no, for three reasons listed above

You tell your supervisor you cannot pick up all that trash at the bottom of the barrel at the fast food joint you work at unless you have some gloves. The supervisor says, "OK, I totally agree, so just buy yourself a pair." You say "OK, but you have to pay." The supervisor says the company only pays wages, it does not reimburse for equipment you need to do the job, that is your problem. Is this legal for the supervisor to not pay?

no, it's not legal, it must be reimbursed since it's necessary for the job

You live close to work. Then you move far away Your boss knows you live a long way away. He knows you have to drive one and a half hours a day to get to work. But he really wants you to keep working for him. So he begs you to stay. You do. Does he have to pay you extra because of the new long drive times?

no, no pay for driving to and from work

You are a part time employee at a restaurant in SF. You want to work out some comp time off for extra hours worked at the restaurant. Can you make this happen legally?

no, no way, because you are a part timer

You work full time for a restaurant. You try to work out with the boss that you get some comp time off in return for working overtime without overtime pay. Is this legal?

no, not in a restaurant

Is it a good idea to take a day off from work because you are too sick to work on your computer at work, and then to go out on Facebook while you are at home?

no, not too smart

Manager Joe says to Employee John, "hey, John, I need you to stay overtime for an hour but I can't pay you overtime pay -- is that okay with you?" and John says, "oh, alright, I guess so" because he does not want to upset Joe and get in trouble, is John still entitled to be paid overtime pay?

no, see Q.10

Is it alright to facebook your friends when you are on a jury at a trial to tell them all about the case?

no, totally illegal

You sign an authorization to disclose your medical information to the company nurse. The manager takes that written authorization and uses it to talk to his wife about your condition because she has some of the same symptoms you do. Is this legal?

no, you did not authorize it to his wife

Section 1: Jill is a Registered Nurse at the local Kaiser Hospital. She works in the Intensive Care Unit attending to patients who have just come out of surgery. Jill is an

non-exempt hourly employee

The "magic word" is

none of the above

magic word

none of the above

magic word?

none of the above

Section 1: Bob Jones is the Director of the Marketing Department for the Plastic Flowers Company. He is in charge of making telephone calls, and filling out orders. He reads from a script on the telephone calls that is designed to make people be madly and hopelessly eager to buy his plastic flowers. I would share the script with you but it is a trade secret because it works so amazingly well! One person works for him as his Assistant. Is Bob an

none of the above - he is not exempt

the magic word is

none of the above, below, or in between

The "magic word" for this lecture is

none of these

The magic word for this lecture is

none of these

The magic word in this lecture is

none of these

The magic word is

none of these

the magic word for this lecture is

none of these

the magic word is

none of these

magic word

none of these words

Viacom broke the law concerning interns by doing what?

not paying then anything at all for their work

What state is Abercrombie Fitch's home state, where its headquarters are based?

ohio

If you take a football field with stacks of one dollar bills in it, and you stack up 1000 stacks of 1000 dollars each, and then you make 1000 stacks of bills that each have 1000 stacks of 1000 dollars each, how much money do you have (in other words, 1000 x 1000 x 1000)??????

one billion dollars

During approximately what fraction of our entire national history have we had clear and enforceable anti-discrimination laws?

one eighth

Approximately how many people are covered by Social Security today? (Yes, you will have to do some research to see what the population of the US is now....)

one half of all Americans

None of anyone's income is taxed above approximately what amount of annual earnings?

one hundred six thousand dollars per year

Now that you know how many branches there are in the US government, you are part of approximately what % of the American people, who actually know this?

one third

If the company provides 2 weeks of vacation a year, for full time employees, and you work for 6 months full time, how much vacation have you earned that cannot, cannot, cannot be taken away?

one week

The right to "privacy" is a part of which Article and Section of the California Constitution?

one-one

If you put money in a qualified pension plan, it will be taxed

only when you take the money out as a pension payment

What is the most important word in the last sentence of the definition of sexual harassment?

The "magic word", which I have inserted in the lecture to make sure you watched it, is

oxymoron

Which group is it illegal to discriminate against?

people who are in protected class

Which of the following is NOT a protected class?

personality

Each Supreme Court Justice carries around with them

pocket sized Constitution

Demographics is the study of

population

what's the "magic word"?

preemption

What is the fastest, easiest way for an employer to end any "reasonable expectation of privacy" in the workplace?

provide notice that there is no privacy in the workplace

The magic word you need to know to get 2 points

reasonable

What is the "magic word" in this lecture?

reiterate

When Ms. Ellison told her supervisor the first time to stay quiet and not tell anyone about the situation she was having with Mr. Gray, should the supervisor have stayed quiet, or should the supervisor have reported it and taken immediate action?

report it immediately and take action

Section 3B: Your employer decides to implement a work week of 5 days a week, 9 hours a day, with no overtime. What must he do?

same as number 11e, above

The most important thing you can do to make sure you have enough assets at retirement time is to

save, save, save your money

If you think you are being sexually harassed, the best response is

say it's unwelcome and report it

Subsection (j)(4)(A) of what Government Code Section prohibits harassment based on sexual orientation?

section 12940

The meaning of the "magic word" is

self-contradictory phrase

What nation is this song from?

south korea

The statute that states how long you can file a claim before it is too late is called

statute of limitations

What is the "magic word" for this lecture?

stopwatch

Lots of studies show that when people listen to lectures, their attention starts to wonder after about

ten minutes

What do chanters near the end of this video believe?

that they will win

Who enacts laws for the entire United States

the Congress

Various agencies enforce your rights to be an employee and not be falsely labelled an independent contractor. These include

the IRS

A good place to go to on the web for updates on the job market for women, and what is happening with respect to womens' rights in the workplace is

the NWLC website

The Amendment to the United States Constitution which made slavery unConstitutional is

the Thirteenth Amendment

The group singing the songs in this lecture is

the beatles

The Social Security's payments are guaranteed by

the federal government

the place where most attacks on public pensions seems to take place is

the internet

The head of the Department of Labor Standards Enforcement is called the

the labor commissioner

If I do not get my proper rate of pay, where can I go to make a claim?

the labor commissioner's office

The laws being taught in this course are

the least an employer can do

Minimum Wage

the least that can be paid

the Tenth Amendment to the Constitution provides that any power not granted to the Federal government or a State government belongs to

the people of the United States

While their incomes kept going up over the past few decades, what happened to the taxes which the top one percent had to pay?

the percentage of income they paid in taxes dropped drastically

Who files a lawsuit against someone else?

the plaintiff

The Seventh Amendment provides for (yes, you will have to do some research on this -

the right to a jury trial

magic word

the rolling stones

Jack hits on Jill every day at work. He believes he is really smooth, suave, and totally the hottest guy alive. Jill thinks he is a creep and tells him over and over to leave her alone. Jack just keeps hitting on her, telling her how beautiful she is, how sexy she is, and how perfect they would be as a couple. She finally reports him and says his constant hitting on her is unwelcome and interfering with her getting her work done. Jack says he is just showing her how much he likes her and showing her that he is a perfect kind of guy to fall in love with. Is the Court that hears this case going to look at it from the point of view of a man doing the hitting, or a reasonable woman being hit on?

the woman's point of view

One of the reasons there are immigration issues in many major industrialized nations is that

there are not enough young workers

What is the magic word in this lecture?

there is no magic word

the magic word is

there is not magic word

Undocumented immigrants have what kind of impact on Social Security benefits for documented citizens?

they help it by putting in contributions they cannot ever get out

What is the main complaint of the plaintiffs?

they were required to work for free doing work for which they should have been paid

The Guardian reported that the secret of fast food strikes is what?

they work

When Pension Funds figure out if they have enough money to pay benefits, they figure this out on a scale of how many years out?

thirty years

The wealthiest 400 families in the United States receive an average of how much income each year ( no doubt due to the fact that they work lots of overtime hours at their jobs at McDonald's and Burger King)?

three hundred forty five million dollars a year

What is the most likelly reason that the film producers had lots of free interns working on the film?

to be cheap and get free labor

Victoria Honard, like all of us who do not yet have the job we want, had a choice as to how to face the fact that she is waitressing when she wants to do something else -- which of the options below has she chosen for herself?

to make the most of it

What is the fiduciary duty of the officers of a corporation?

to maximize the returns to shareholders/owners of the corporation Correct

Two theories mentioned in this lecture for how social change is made are

top down vs bottom up

The field of law which addresses recovering damages because of injuries due to someone else breaching their duty of care to you is called

tort law

What is the "magic word" for this lecture?

transformation

The "magic word" for this lecture is

twitter

You work part time, 4 hours a day. You "show up" for work and the boss says it's a slow day so you can go home. How much "reporting pay" do you get?

two hours

If you click on the blue "exceptions" you will find out which of the following are "excepted" from the usual 'after8after40' overtime laws?

two of the three choices

Laws governing the work place in California come from

two of these

The video reports that when you are injured and off work and receiving workers' compensation payments, you receive about what part of your usual wages?

two thirds

The word the textbook uses to describe employers who misclassify employees as independent contractors so they can cheat them out of wages and other rights is (page 13 of textbook)

unscrupulous

How many characters can you put in one Tweet?

up to 140

How cool are these life guards?

very cool

How stupid was management when they fired these lifeguards?

very very stupid

If your pension plan is a Defined Benefit Plan, then what you know at all times is

what all benefits will be

1. Section 22 of IWC Order 7: Let's start at the end of the Wage Order, the last section. Where must a mercantile employer place this Order?

where employees can read it easily

What is the key concept that determines where there may be privacy in the workplace?

whether there is a reasonable expectation by that worker of privacy

The US Senator from California are both

women

I work primarily for:

workers/employees

A reminder -- a "public" employee is one who

works for a governmental entity

what is my email address?

[email protected]

A new youth clothing store has 2 sides, one side has lots of bling and the other side has Ivy League styles.The managers hire African Americans for the bling side and Caucasians for the Ivy League side. A white sales person asks to be transferred to the bling side because the commissions are better. The managers say no, blacks sell bling and whites sell ivy league, that's our image and we have to protect the brand. Illegal discrimination?

yes

A warden at a California prison refuses to promote prison guard Wanda. However, over a period of 3 years, he dates and sleeps with 3 other guards, and promotes each one of them. Wanda finally files a complaint. Can she win her case alleging that she is being sexually harassed, in a quid pro quo case, because she isn't getting promoted and only women who sleep with the warden get promoted?

yes

Bob forwards dirty cartoons to other workers at the job. They show up as email attachments. He sends them to everyone in the office. He thinks they are hilarious. Conchita doesn't think they are funny, she finds them unwelcome. She asks Bob to stop it. He laughs and says "just don't open the attachments from me." She says that's not right, and reports him to management. Is Bob in danger of being disciplined for sex harassment?

yes

Bob is told that his employees are snorting cocaine in the bathroom. He goes to Court with his lawyer and gets a Court Order allowing for a camera to be placed in the bathroom to catch the cocaine snorters. Is this legal?

yes

Bob, the manager, says to Sue, the new trainee, "c'mon out for drinks after work and we can talk about working to get you a good promotion." Sue doesn't want to, but figures she better go because it sounds like a promotion may depend on it. Bob never says "Come to my apartment with me to get a promotion", but after buying dinner and drinks for Sue, he asks her over to the apartment and she refuses. The next day, he is very cold and distant, and he won't talk to her when she asks about the promotion he talked about all during dinner. The next week, he promotes another woman whom Sue knows went to dinner with him and then over to his apartment. Is this unlawful quid pro quo sexual harassment?

yes

Can a waitress lose her job simply for commenting on a tweet that a famous person did not leave a tip, or left a lousy tip?

yes

Can high school teachers lose their jobs because of pictures of them drinking alcoholic beverages on Facebook pages?

yes

Can men and women work side by side in the same workplace without unwelcome sex harassment taking place?

yes

Did an employer fire a woman for having a secret blog that no one had seen at work, that did not mention work, that had nothing to do with work, and that was kept totally totally secret?

yes

Do some companies have people whose jobs are to monitor the web to find every referral they can find to their company anywhere on the web?

yes

Do you have the right to receive copies of your payroll record to see if you were paid properly?

yes

Every day when Sam sees Lulabelle on the stairs up to the office, he blocks her way and bumps into her, rubbing her and laughing. She tries to avoid him but cannot. She says leave me alone, but he says he's just clumsy when he's on the stairs and he apologizes but keeps doing it. Is this unlawful sexual harassment?

yes

Every time Joanne walks past Jim's desk, Jim pats her on the butt and asks her how she is doing. She doesn't like it, but she does not want to upset him or get him in trouble, so she tells no one. This goes on and on and on and she finally tells him she doesn't like it and he should stop. He laughs, because he "knows" that she "likes it." So he keeps doing it. She finally reports him to management. Should he be in trouble for sexual harassment?

yes

George keeps telling Martha how much he loves her. He passes her desk every day at work and tells her again. She tells him to leave her alone. But he keeps doing it. Finally, one day when she is standing at her desk, he walks up, grabs her and passionately kisses her. She wriggles out of his grip, starts crying, and runs to the manager's office. Can the manager discipline George for sexual harassment even though Martha never told him not to kiss he and that kissing would be unwelcome, because it is so severe?

yes

George wants to be the cashier because it pays more than being a busboy. The owner of the restaurant gives all applicants for cashier a simple arithmetic test, with 50 math questions on it. 10 people take it, George does worse than all the others, and the top scorer gets the job. Does the owner have a legitimate business reason for not giving George the job of cashier?

yes

If I suggest the answer to this question is "yes", what answer should you mark?

yes

If a Chinese employer fires a worker because the worker is Chinese, is this discrimination based on race and therefore illegal?

yes

If an action at work is sexual in nature, unwelcome, severe or pervasive, and interferes with your ability to work, is it sexual harassment?

yes

If your employer asks you to work a little bit because you came in early and then does not pay you for that time that you actually worked, has your employer violated the law?

yes

Industrial Wage Order 7, Section 7: Does an employer have to give you the opportunity to review your payroll records to make sure you were paid correctly?

yes

Is a "lawyer" the same thing as an "attorney"? (You will have to find the answer, since I do not give it in the lecture - not all answers will be in the lectures - you can always do online research to get a correct answer....)

yes

Is your freedom of speech limited when you work for a private sector employer?

yes

Jack the Manager dates Jill the receptionist. They have a long happy affair. Then Jill breaks up with Jack because she meets her one true love. Jack is really angry, he says he is going to fire Jill the next chance he gets. A few weeks later, he sees her out with her one true love, and the next morning, he calls Jill in and says "You're fired. I never want to have to see you and that punk again." Jill sues the employer for sex harassment (quid pro quo) and demands damages for losing her job. Is there a very good chance she will win her suit?

yes

Jack, the manager, comes into the womens' bathroom with Becky and says "lets have sex right here right now". She says "no." They debate it but she stands strong and he finally leaves and goes back to work. She then goes back to work and neither talks about it again. Has Jack illegally sexually harassed Becky?

yes

Jake seems very insecure. Betty pities him because every day, all day, he is always putting down women. He says they are inferior, that they are dumb, that they can't drive well, that they can't do the work. He just complains about them all day long. Betty lets it go, but Joan keeps telling him to stop it. He just won't stop it. All day every day he complains about women. Is this sexual harassment?

yes

Janet, the cashier, approaches Jeff, the manager, one day, and says, in a coy and cute way, "you know, if you invited me to your house, we could have a really good time, if you promoted me in return....." He says no way, and she lets it go, but every now and then, she will shake her stuff at him and say "how about it, are you interested in making a trade?" He keeps saying no. Can she be disciplined or fired for quid pro quo sexual harassment?

yes

Jim and Jennie break up. It is loud and messy and everyone in the restaurant knows about it. Jim is really upset and embarrassed. A month after they break up, a waitress leaves the restaurant. Jim demotes Jennie back to waitress and promotes his new girlfriend to hostess. Jennie sues the restaurant because their manager engaged in quid pro quo sexual harassment. Does she stand a chance of winning?

yes

Jim goes to a meeting in the company's breakroom. There are about 10 employees standing around. The boss starts telling everyone that there will be a layoff. Jim pulls out his little pocket recorder and records the whole meeting. He uses the recording to prove that the lay off was for illegal reasons. Is this legal?

yes

Julie works as a bartender at a rowdy bar. A customer keeps drinking and hugging her. She tells him to stop. He will not. She asks her boss to get the bouncer to get this guy to stop it. The boss says he will not because the customer is a big spender. The customer finally hurts the bartender by squeezing her so hard, she passes out. Is the boss liable for the illegal sexual harassment?

yes

Now we are out at the practices for a professional football team. Every time a cheerleader walks by, the Head Coach smiles and pats them on the butt. Every time. Some say, in a nice way, "aw c'mon coach, cut it out." He thinks they are just kidding with him, kind of teasing him, so he just keeps doing it. This goes on all the time, and no one in management wants to stop it because the Coach wins games. Is the team liable for illegal sexual harassment?

yes

Our next door neighbor sometimes babysits for neighbors' children. She is 19 years old. She says that if she charges less than $9 an hour, that would be against the law. Is she correct?

yes

Randy works at a candy shop. He is Mormon. Everyone else is Catholic. He wants to be the manager of the store. He applies when the spot opens up. He is the best qualified person for the job but he does not get it. A Catholic person gets the job instead. Is this enough for a prima facie case?

yes

Ray has been arrested 11 times for burglary, but he's never been convicted. He doesn't tell his employer about any of these arrests. Is this legal?

yes

Ray volunteered for his church. He worked in the gift shop, selling t shirts, sweatshirts, and shorts with the church's name on them. These clothes were like the ones the church's sports teams wore. Is Ray entitled by law to be paid at least minimum wages?

yes

Rob is the manager of a health care facility. He hugs his nurses every morning when the arrive. Nurse Rhonda does not like this. She asks him to stop it. He does it less often, but he still does it sometimes with her when she seems depressed. She finally goes to the owner and complains. Is Rob guilty of illegal sexual harassment?

yes

Rosy wears really sexy clothes to work one day. Jorge starts "hitting on her" and talking about how sexy her clothes are. Rosy says "stop it and leave me alone, Jorge." Jorge thinks her clothes make it clear that she wants to be hit on, so he just keeps going, talking his stuff and carrying on. Is he in danger of being disciplined for sexual harassment?

yes

Same George as in the last question, but now he makes sexual remarks about picking his nose, compares it to sexual acts, and laughs about it as he tells these nasty sexual jokes about nose picking, and keeps doing it over and over again, even after you tell him to stop it. Can this be considered sexual harassment?

yes

Same George, same cashier's job. Is your answer the same even if George is Korean, and the owner and all the people who take the test are Burmese?

yes

Same guy as in last question. The candy store owner says "Randy being a Mormon had nothing to do with this. I picked the other guy because he used to run my other candy store and Randy has never run a candy store." Is this a legitimate business reason for not giving Randy the manager job?

yes

Same guy, same candy store. Randy now closes out the case by bringing in 3 witnesses who all have known the guy chosen for manager since he was a kid. They all testify that the guy never ran a candy store in his life, but that he goes to the same church as the owner, and the owner told them that he would never let a Mormon run his store. Is this enough proof of "pretext" for Randy to "overcome" the "legitimate business reason" given by the owner?

yes

Section 11: Things are really busy one day and your employer asks you, a regular 8 hour a day employee 5 days a week, to skip lunch and work through your lunch period. You do it. Are you entitled to any penalty payment?

yes

Section 3F: WalFart offers you a job as a cashier. It says the hours of work are 7 days a week, every single week, for 4 hours a day, for 28 hours a week. It says you do not get a single day off in any week. is this legal?

yes

Section 3L: This time, you need to go to a doctor's appointment during the work day. You submit a written request ahead of time to your employer asking to take off 2 hours early for the doctor's appointment and offer to work 2 hours the next day without overtime pay. Your employer says "okay". Is this legal?

yes

The Little Cottage Hospital tells employees that they have to stay on premises during the half hour lunch period and provides a cafeteria for employees to eat in. Is this legal?

yes

The advertising firm puts up an "wanted" listing at Craigslist. It says "Need models for mens' underwear. Must be male. Must be under 40." Is this illegal discrimination?

yes

The manager is a white person. He employs both whites and Asians. One day he comes in and says I'm firing all the white people because I think Asians work harder. He fires all the whites and replaces them with Asians. Has the white manager engaged in illegal discrimination by firing all the whites?

yes

The police department has a test it gives to all applicants. To pass the test, you have to be able to lift 250 pounds of dead weight from the floor to your chest. The police say this is just to make sure you are strong, even though there's no part of the job where you have to do it. No women ever get past the test -- none of the women who took the test had this lifting ability. Is this a discriminatory test even though it applies to everyone regardless of whether you are male or female?

yes

The store sells clothes for young men. It puts underweight men out in the showroom, and overweight men in the back storeroom. Is this legal discrimination?

yes

Things are slow at work. You are bored silly. So you say, boss, I know I work 8 hours a day 5 days a week, and I'm entitled to overtime for hours over 8. But I'm bored silly, so let me go home 3 hours early and I'll make it up tomorrow. He says ok, but put it in writing. Is this legal?

yes

Was it ever illegal in the United States for people of different races to marry each other?

yes

Were the life guards reinstated to their jobs after they complained to the City Council of El Monte?

yes

Will you do your best to be aware of discrimination in the workplace, and do what you can, within reason, to make the workplace less discriminatory?

yes

You carry a smartphone. You work at an office as an office assistant. A few times a week, your boss, who works at home at night, emails you and asks you questions that require you to do a bit of work to get them answered. Are you entitled to pay for doing this work "off the clock"?

yes

You come to work in the morning. The employer asks you to take your meal period during the first hour of employment since things will be too busy at the restaurant during lunch for you to get a meal period then. Is this legal?

yes

You drive to and from work every day. You are asked one day to pick up some office supplies at Office Depot on the way to work. Your manager points out that the Office Depot is just a bit out of the way for you so it's no big deal to stop and pick up the supplies. You do it. Are you entitled to be reimbursed mileage since you were picking up something for work?

yes

You ride home from work with Joe.. Joe does not get off work until one half hour after you get off. So you stick around, and you help out here and there, after you get off work. You do it so you don't get bored, and you don't mind doing it. Your boss sees you doing the work and says nothing in particular about it. Are you entitled to pay for that extra half hour a day?

yes

You tell your employer that you need to sit down at work because of a medical condition. He asks what it is. You say you would rather not say. He says he has the right to know what the condition is so he can do something about it. Do you have to tell him this information?

yes

You work 6 hours a day. Your employer says you can have an unpaid half hour lunch break, but you will have to stay a half hour longer before you can leave. You say "Forget it, I will skip the lunch period." Is this legal since you only work 6 hours?

yes

You work at the Department of Motor Vehicles. There is an overload of data to be entered into the computer software database. Your manager asks you to stay overtime to get it done and take it later as comp time off. He says you should stay two hours overtime and you can have three hours of comp time on the books to take when you want. You say "OK, that works for me", and it's put in writing. Is this legal?

yes

You work for an employer for two years. You keep a notebook of times you are not paid properly. You keep all your pay stubs. You finally quit. You then go to the Labor Commissioner and file a claim. Can you pursue all amounts due and owing for the whole two years?

yes

Your boss says one evening that he needs you to go to a meeting at a nearby location on the way to work tomorrow morning. He says that the meeting will be at 8am at corporate headquarters. He asks you to go to the meeting and then come to work at your usual start time of 9am. He says the meeting is to give you an opportunity to meet the 'higher ups' so that maybe you can become a manager in the future. Are you entitled to be paid for the time at the meeting?

yes

Your manager says I'm tired of you Latinos being so lazy, you're too slow, you're all ducking work all the time, I'm not going to promote any of you. illegal discrimination?

yes

Your store manager says "Be more aggressive, speak up, you're too quiet, all you Chinese are too quiet, I'm tired of all you Chinese." You think you are just being polite and having good manners and that he is a brutish loud mouth. A week later he says "That's it, I've had it, you'll never get a promotion here because you're just like all the other Chinese, you are too quiet." Is this illegal discrimination?

yes

A woman manager keeps pinching the butt of another woman in the office. The woman says to the manager that she does not like it, and it should stop. The manager keeps it up. Over and over. She thinks it's very funny. Is this sexual harassment?

yes its sexual harassment

Is it at all possible that it may matter who you vote for and who gets elected with respect to what taxes you will end up paying?

yes that's possible

Will you think twice before you go to a fast food joint next time? And will you maybe skip it and actually eat something healthy? (The answer to this question is YES !!!! - Do NOT miss the right answer!!!!)

yes!!!!

Section 5: You are a part time employee. You usually work 4 hours a day, 4 days a week. You show up for work one day, and the employer says "sorry, I screwed up on the scheduling, so you are not needed. Thanks anyway, see you tomorrow." Are you entitled to any pay, and if so, how much?

yes, 2 hours pay

Marsha wants to repair cars. She loves getting under the hoods and messing with the engines. She talks to the mechanics at the shop where her mom takes her car for repairs. She asks if she can be an intern. The shop says "ok, but we can't afford to pay you." She says, "that's ok, I can arrange something with my college." She arranges to get credits, to report to the shop teacher every week and get his advice and oversight, she gets essential training towards her major in automotive engineering, and she goes to the shop everyday and watches what is happening, and sometimes, she gets to help with complicated jobs to see how to do them. She is paid nothing for this internship. Is this legal?

yes, absolutely, it fulfills all five criteria to be legal

Can a victim of sex harassment recover money damages in Court?

yes, if she/he suffers real economic damages

Glynn is biologically female. However, she is going through a process to become male because she has always felt she is really male in all but physical make up. Glynn looks male, and gets a job as a male in a San Francisco restaurant, working as a dishwasher. When Glynn has to use the bathroom, Glynn uses the men's room and goes into one of the stalls. No one at work knows if Glynn has had a sex change operation. However, when the manager finds out that Glynn was born female, he immediately fires Glynn, saying that it is just too big a problem having a female in the men's room. Is the termination unlawful?

yes, it's based on gender preference

A disturbed, excitable man gets on the public bus every day and grabs the breast of the female driver. The driver complains to the bus company and says stop him before he hurts me. The company says "the customer is always right" and besides, there's nothing we can do because he does not work for us. The man finally injures the driver one morning. Is the company going to be liable for the customer's unlawful sexual harassment?

yes, it's sexual harassment

If you work unauthorized overtime hours, which your employer knew about or should have known about, are you entitled to get overtime pay?

yes, that is most definitely the law as discussed under Q.2 in this reading

You work a split shift at a restaurant. You get the minimum wage of $8 per hour. But you average another $5 per hour in tips. You ask for a split shift premium because you earn $8 an hour. The manager says you are not entitled to it because you actually get $13 per hour. Who is correct?

you

Your boss makes you stay on premises at the drug store where you work, and he tells you to re-arrange a shelf during your lunch break. Does he have to pay you for the entire lunch break?

you bet he does

The key to the Wage Theft Protection Act as a means to prohibit employers from stealing your wages is that

you get all your terms of employment in writing when you begin so you are not tricked into working for less than was promised Correct

The punchline of this whole section concerning workplace privacy is

you have no workplace privacy

What is the "downside" of a lawsuit like this, as described by this article?

you might not be able to get a job in the industry in the future

Whose "will" do you work at in the USA?

your employer's will - your employe decides when you will be hired and fired

If the market goes down, and more contributions have to go into your Defined Benefit Plan, who pays most of the Contributions to make up for the drop in Interest/Earnings, and thus bears the risk of a down market?

your empolyer

If you seek a remedy, you can recover

all of the above

What is a polygraph?

lie detector

What is the law which governs the Federal minimum wage?

Fair Labor Standards Act

The law is the law is the law, and it never changes. period. End of story.

False

When this lecture was recorded, I correctly stated the minimum wage for California as $8 per hour. But that is no longer true. As of January 1, 2017, the minimum wage in Cali is...

$10.50 an hour

The California State minimum wage, for large employers, as of January 1, 2017 and until January 1, 2018?

$10.50 per hour

What will the minimum wage for large employers' employees in the State of California be as of January 1, 2018?

$11 an hour

The Holiday Rush gets really intense. You work from 7am to 11pm on the Friday and Saturday just before Xmas, selling clothes and then stocking shelves, and then from 9am to 9pm on Sunday. Your pay rate is $20 per hour. How much do you get in gross wages for that one weekend. (We are ignoring lunch breaks -- that we will learn about later and it will complicate things -- but let's ignore it for now.)

$1260

Something simple - what's the minimum wage for large employers in California in 2020?

$13 an hour

What will the San Francisco minimum wage be as of January 1, 2018?

$14 an hour

The City and County of San Francisco minimum wage as of July 1, 2017 will be what?

$14.00 per hour

The two goals of the first strike listed were

$15 an hour wages and the right to form a

How much less does California collect in annual gross revenues as a result of the 2008 Crash and the subsequent harm to our State's economy?

$15 billion per year

This is how much we currently spend each year on health care:

$2,400,000,000,000

Who makes the laws we live under?

None of these

"Et seq" means

and following

What is a polygraph?

What were demonstrators arrested for during strikes?

non-violent civil disobedience

Can a store manager be a total jerk, treat all the employees really badly, and still not be engaged in illegal discrimination?

yes

Section 11: You work 6 hours a day, and take no meal period. Is this legal?

yes

Was it ever illegal anywhere in the United States to engage in acts of sodomy?

yes

Can an employer make overtime work mandatory, and require an employee to work overtime or be fired?

Labr 251 (1)

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