PHRca

What is the minimum wage in CA?

$15 - annual basis that is updated Jan of each year

What is the wage requirement for reporting independent contractors in the state of CA?

$600 minimum

What are the 7 steps of the employee life cycle?

1. Attraction 2. Recruitment 3. Onboarding (First two weeks) 4. Development (2 weeks to 6 months) 5. Growth & enablement (6 months to 24 months) 6. Retention (24 months to disengagement) 7. Separation

What are the reporting requirements for an independent contractor in the state of CA? (2 things)

1. Must report to the California Employment Development Department - use this to locate parents with delinquent child support obligations 2. 1099-MISC - document all payment rendered at the end of the year

What are the three ways to demonstrate validity with background checks & testing? (3 things)

1. Specify the trait or characteristics that the test is supposed to identify 2. Ensure that the trait is an important component of the job 3. Ensure the test actually predicts or correlates with that element

What is the DSLE responsible for? (7 items)

1. Wage claim adjudication (WCA) 2. Bureau of Field Enforcement 3. Public works 4. Retaliation compliant investigations (RCI) 5. Judgement enforcement 6. Licensing and registration 7. Legal unit

How many IWC Wage Orders are enforced under the DLSE?

17

How many IWC wage orders are there?

17 & must be posted for employees to see & read

Each new employee must be reported to the EDD no later than how many days after the employee starts work?

20 days

All employers are required to provide their employees with:

24 hours, or 3 days, of paid sick leave annually

How long must California employers post any Cal/OSHA citations they may get?

3 days or until the issue is fixed.

All required lunch breaks are only required to be__ minutes long.

30

How many employees must an employer have in order to be covered by the anti-discrimination provisions of the FEHA?

5

Employers are allowed to round to the nearest...

5 minutes, 1/10th of an hour, or 1/4th of an hour.

The weekly benefit amount (WBA) is approximately XX-XX% (depending on income) of wages earned 5 to 18 months prior to the claim start date up to the maximum weekly benefit amount. Participants may receive up to 52 weeks of Disability Insurance (DI) benefits. The daily benefit amount is calculated by dividing the weekly benefit amount by seven.

60 to 70 percent

Overtime pay of time-and-a-half is required for hours worked over ________ in a day, 40 in a week, and for the first 8 hours of the seventh day worked in a week.

8

Upon involuntary termination of employment, an organization is required to give the employee which of the following?

A booklet explaining state unemployment benefits

What is an independent contractor?

A person business or corporation that provides goods or services to another entity under terms specified in written contract or verbal agreement

A worker can only classified as an independent contractor if... (3 things)

A. The worker is free from control and direction in the performance of services. B. The worker is performing work outside the usual course of the business of the hiring company C. The worker is customarily engaged in an independently established trade, occupation, or business

Employees can fall under the (6 things)

Administrative, Executive, Professional, Computer Professional, Outside Salesperson, or Commissioned Inside Sales Employee exemptions.

How does CA define wages?

All amounts for labor performed by employees of every description, Heather the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation

Organizations are required to provide employees with itemized wage statements that MUST include:

All applicable hourly rates during the pay period.

A method of scheduling work that allows employees to work a standard workweek over less than a five day period with a number of California requirements

Alternative workweek

Which of the following describes an alternative workweek?

An alternative workweek consists of four days that are 10 hours in length.

Which of the following statements regarding paying employees is true?

An employee's final paycheck can be submitted via direct deposit.

How does CA define overtime?

Anything over 8 hours in one workday 40 hours in any workweek

The California __________________________________ Act, effective January 1, 1989, applies to the owners of buildings constructed prior to 1979. It requires building owners who know that the building has asbestos-containing construction materials to notify co-owners, employees, lessees, and tenants of the presence of asbestos in the building

Asbestos Notification Act

What are the different parts of total wages? (4 things)

Base comp Premium pay Shift differentials Specific compensation for specific employer requirements

How does CA define prevailing wage?

Basic hourly rate, usual benefits and overtime pay on public workers projects (construction is an example, airports, fire stations, local school districts, etc)

Commission agreements need to:

Be signed by the employer and the employee

What does Cal WARN stand for?

California Worker Adjustment and Retraining Notification

How is federal minimum wage different in CA?

California does not allow averaging when calculating minimum wage. Regardless of the wage earned in a specific hour

What is the basis for determining eligibility for a pregnant employee under the Pregnancy Disability Leave provisions of California law?

Company size

Who are the California labor laws governed by?

Department of industrial relations labor enforcement task force?

Which of the following is true of exceptions to minimum wage?

Disabled employees with special classification from the labor commissioner can be paid less than minimum wage.

Claims of retaliation against employees who report illegal activities of an organization are investigated by

Division of Labor Standards Enforcement

What determines exemption status?

Duties and responsibility & rate of pay.

Nonexempt employees have the ability to:

Employees have the right to waive the mandated meal period if they do so at their own request, and in writing. waive their meal period if they will work less than six-hours in the workday.

What is the main purpose of DLSE?

Ensure that all employees are appropriately paid for work completed in the state of California

What laws protect independent contractors in the state of CA?

FEHA protection from discrimination and harassment Workers' comp - in certain circumstances

What are the federal wage and your laws in California called?

Fair labor standards act

What is the lead state agency for emergency information?

Governor's Office of Emergency Services (OES)

What does the Health Insurance Premium Payment (HIPP) Notice inform employees about?

HIPP informs employees of the possibility of continued health insurance coverage at the state's expense.

What is required in a termination notice in California?

HIPP notice Cobra rights notice Change of status notice

Which of the following is not an exemption test when determining status?

Hourly

Exception to the overtime law?

If there is a valid adopted alternative workweek schedule (nurses)

Which of the below choices includes four items that MUST be included on a paystub?

Inclusive dates of pay period, name and address of company, net wages earned, sick time accrued and unused

How does CA define a living wage?

Is the minimum income necessary for a person to meet there basic needs. A standard that a person working 40 hours a week with no additional income should be able to afford basic quality of life,. Examples - needs, food, shelter, utilities, etc.

In employment with a state contractor in the garment or other covered industry, the Sweatfree Code of Conduct does not expressly protect individuals from:

Labor conditions with exposure to risk of heat illness

How does CA define labor?

Labor, work or service whether rendered or performed under contract, subcontract, partnership, station plan or other agreement if the labor to be paid for is performed personally by the person demanding payment

According to the Private Attorney Generals Act, employees may recover for an organization's failure to

Maintain proper employment records

What is covered by Wage Order #1?

Manufacturing

Which of the following is not considered wages?

Mileage reimbursement

The IWC Wage Orders govern which of the following?

Minimum wage that each nonexempt employee can be paid.

Wage Order #17 covers:

Miscellaneous employees Wage Order #17 covers all employees that are not specifically covered in any of the other Wage Orders.

Upon a reasonable request, employers ____ provide a "pay scale" for the position to an applicant

Must

Do small employers qualify for kin care?

No, Small employers do not qualify for Kin Care

A current employee of the organization has sent a letter to the organization's customers stating that she is leaving the organization and providing her contact information. Can the organization successfully sue under California law?

No, if the other information provided consists only of new contact information

Who is protected in IWC wage orders?

Nonexempt

If an organization wanted to implement an alternative workweek, which of the following would it need to do?

Obtain an approval by at least two-thirds of the affected employees.

When an employee gives two weeks notice of intention to resign, final pay must be given:

On the final day of employment for the employee.

A firefighter stays at the fire house in-between emergency calls. The city will pay the firefighter for the time spent at the fire house. This is an example of what type of pay?

On-call time The fire fighters are waiting to go to work. Since they are under the control of the organization, they are to be paid for being on-call.

Which of the below rest and meal breaks is not required under California law?

One 60-minute lunch break for workdays over 8 hours

California law allows that split-shift differential is paid to employees at a minimum of:

One hour of pay at the state minimum wage.

Which of the following is true regarding the relationship between PDL with FMLA and CFRA?

PDL & CFRA can run separately up to around seven months of leave

Which of the following payroll-related documents must be regularly distributed to employees?

Pay Stubs

An exempt employee's salary cannot be reduced except for:

Pay for the initial or the final week of work. An employer is not permitted to deduct pay from an exempt employee for poor performance, disciplinary action, or the unavailability of work.

An employee classified as exempt under the Professional exemption MUST meet which of the following requirements?

Perform primary duties requiring a license or certification by the state.

Which compensation system pays an employee based on the number of units produced?

Piece rate

The California Corporate Criminal Liability Act of 1989 impacts employers over and above OSHA regulations by

Providing for more executive personal accountability, substantial fines and penalties

Requires anti-harassment training every two years for all employees employed by employers with five or more employees, and all government municipalities.

Senate bill 1343

How many district units are in DLSE?

Seven

What is the primary source underlying an employees right to privacy in the State of California?

The California Constitution

What act do employers who use electronic technologies need to be careful with the data?

The California Online Privacy protection act (OPPA)

Organizations that do business in a city/county with a living wage are required to:

The city or county living wage prevails over the state minimum wage, as long as the living wage is higher than the state's minimum wage. Pay the living wage.

What act precludes certain questions on employment applications?

The fair employment and housing act

California imposes which of the below limitation on new child bonding leave?

Time off can be required in 2-week increments; except must be allowed shorter time frames on at least 2 occasions

What is the main purpose of the division of labor standards enforcement (DLSE)?

To ensure that all employees are paid for work completed in the state of CA

The anti-harassment provisions of the FEHA apply to more employers than the anti-discrimination provisions of the FEHA. Harassment is not permitted in any California workplace―an employer need have only one employee for the prohibition against harassment to apply. For harassment cases only, an employer is any organization that regularly employs one or more people or regularly receives the services of one or more independent contractors. (True or false)

True

Exempt employees in California must be paid at least ___ times the minimum wage in weekly salary expectations

Two

Which wage order is this? Employers are required to provide their sheepherders with regular mail service; an appropriate form of communication to allow them to communicate with employers, health care providers, and government regulators; and visitor access to fixed site housing and, when practical, to mobile housing.

Wage order #14

To ensure that employers comply with the laws governing the payment of wages when an employment relationship ends, Labor Code Section 203 provides for the assessment of a penalty against the employer

When there is a willful failure to pay wages due to the employee at the conclusion of the employment relationship.

Which takes precedence, CA state or federal labor laws?

Whichever is most generous

Any violation of wage and labor laws is subject to fines & penalties that have to be paid...

Within 30 days past the date wages were due

An employee arrives at work for their scheduled shift and informs the supervisor that they are quitting. When MUST the organization provide the final paycheck?

Within 72 hours of being notified

Split-shift differential pay is owed to employees who:

Work a shift in the morning, leave, and then return to a shift in the afternoon for the same organization.

What items are required in an Ergonomic Program?

Worksite evaluation, control of exposures that have caused RMIs, and training of employees.

In CA can you require mandatory overtime?

Yes

An employer is required to compensate an employee for reporting time when they are sent home after reporting to work; as long as there is not... (4 things)

an Act of God, a utility failure outside of the employers control, if the employer has been threatened, or if the employer was required to cease operations by any local, state, or the federal government.

Employers need to ensure that their reimbursement rate includes all gas costs while conducting business, as well...

as a portion of all maintenance costs for the vehicle.

Employers are permitted to make payroll deductions for... (3 things)

garnishments, income tax, and health insurance contributions.

All of the following individuals are covered under Workers' Compensation in California except:

independent contractors

In a workplace with 5 or more employees, a California employer may:

never limit or prohibit foreign languages used in the workplace, unless they can show a business necessity

Under Whistleblower laws, an employer may:

not prevent an employee from disclosing information regarding an employer violating a state or federal statute

Employees must use makeup time within the______ workweek as the needed time off.

same

Which of the following training subjects is NOT required in the mandatory harassment training under SB1343?

strategies to promote effective motivational techniques

A job candidate completes an application, is interviewed but not hired. Their application must be retained for

three years from the action regarding the applicant.

In California, employees may not discuss compensation and other terms of employment with other employees:

unless they want to, in which case they may

Employers are allowed to require...

vacation requests to be approved in advanced, and can limit the amount and timing of vacations taken.

A California organization must pay employees at least

whichever is the best for the employee.