Compliance and Risk Management

Question 1

A __________ assessment is performed periodically, when the IIPP is established, when new, previously unidentified security hazards are recognized, when occupational injuries or threats of injury occur; and whenever workplace security conditions warrant an inspection.

Answer 1

Hazard

Question 2

Employee Literacy Education Assistance Act, California employers with 25 or more employees must provide reasonable accommodations and assistance to employees who:

Answer 2

Reveal an illiteracy problem and request the employer’s assistance in enrolling in an adult literacy program

Question 3

According to the Private Attorneys General Act (PAGA), employees may recover damages for an organization’s failure to:

Answer 3

The PAGA allows an employee to file a claim against an organization for not properly maintaining employment records.

Question 4

An employee reports a bug bite (i.e. spider bite) that occurred at work and seeks medical attention, this must be reported on the OSHA log.

Answer 4

Yes, if it happen at work

Question 5

Employers with five or more employees generally cannot limit or prohibit the use of any language in the workplace, except in rare circumstances

Answer 5

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

Question 6

Grouped of employees who together, hired an attorney, and filed which claim for unpaid overtime?

Answer 6

Considered a class action

Question 7

After a personnel file breach, Conrad, the HR Director at XYZ Company, developed and implemented a legally compliant privacy and security protocol policy that includes:

Answer 7

Protection of personal data and trade secrets

Question 8

An employee has requested time off to observe their holy days and reasonable time necessary for travel before and after a religious observance. FEHA also defines a “religious creed” as beliefs, observations, or practices which a person sincerely holds and occupies in their life a place of importance parallel to that of traditional organized religions. According to the California statute, the law requires an employer to:

Answer 8

Enter into an interactive conversation.

Question 9

California law requires that employers translate the below policies into any language spoken by at least ten percent (10%) of their workforce.

Answer 9

Policy against harassment, discrimination, and retaliation (including investigation and complaint procedures)

b. Family and medical leave policies – if applicable
c. Reasonable accommodation for employees disabled by pregnancy, pregnancy disability leave, or transfer
d. All of the above

Question 10

Employees that worked together in a large chain discount store got together and filed this type of claim against the company for failure to provide cashiers chairs to sit in on.

Answer 10

PAGA

Question 11

English Only policies are valid under which circumstance?

Answer 11

For business necessity regarding production and safety

Question 12

Fill in the blank. ______________ relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses, and allowances.

Answer 12

Equal Pay

Question 13

Anti - Harassment retraining is required every _ years

Answer 13

2

Question 14

California’s anti-harassment law received a major update in 2019 with the passage of SB 1343, which now requires employers with ___________ employees based in California to provide sexual harassment prevention training to all employees, not just supervisors.

Answer 14

5

Question 15

Which agency implements laws passed by the California legislature and signed by the governor, and regulations adopted in a rulemaking process?

Answer 15

DIR Department of industrial

Question 16

Gender neutrality is the idea that policies, language, and other social institutions (social structures, gender roles, or gender identity) should avoid distinguishing roles according to:

Answer 16

People’s sex or gender

Question 17

Grace, the human resources manager, had a stroke at the age of 40. She recovered all but the use of her left leg and it was difficult to climb stairs. The offices were upstairs, however the company that she worked for was able to move her office to the downstairs without causing an undue hardship on the company. This is called a(n)

Answer 17

Reasonable Accomedation

Question 18

To determine the needs of Grace, from the above questions, the employer made a collaborative effort involving the employee to determine if the employee could return to work with a reasonable accommodation. In this case, they used the

Answer 18

interactive process

Question 19

If the entire workforce of a company acts in concert and refuses to perform their work on a certain day, they can exert strong economic pressure against the company. This is called a:

Answer 19

Strike

Question 20

Patrice gave birth to twins. After returning to work she needed to continue expressing breast milk. Two 10-minute breaks per day was sufficient to allow her to express properly. Her employer must take the following action.

Answer 20

Provide her with additional break time to express breast milk?

Question 21

HR audit, she discovers records that indicate the previous VP of Human Resources, a male, made $50,000 more than the salary she was offered, plus a company car. After checking his qualifications she learned that he was less educated, less experienced, and less overall qualified. Stacy is facing an issue of

Answer 21

Gender Pay Gap

Question 22

EDD sends claims which need to be answered in

Answer 22

10 from the date on the letter

Question 23

The plant manager at a large manufacturing company asked the human resources manager for help with a problem she was having. She recognized that she had several employees that were illiterate, which was impacting safety and production. The human resources manager recommended that they start which of the following programs.

Answer 23

Adult literacy program

Question 24

This person meets with the parties both separately and together in an attempt to resolve their differences. It often happens in a DFEH investigation. They do this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore potential solutions, and assisting parties in finding a mutually acceptable outcome.

Answer 24

Conciliator

Question 25

What is the first step in developing an effective anti-harassment program?

Answer 25

Compose and communicate a clear policy.

Question 26

Jane owns a manufacturing company that makes aerospace parts. There are generally 8 to 9 employees in a given year. Jane is exempt from:

Answer 26

Cal/OSHA Reporting

Question 27

When an employee is being laid off, California law requires that the employer provide them with:

Answer 27

Notice of change in relationship

Question 28

When can an employer use technology resources to monitor their employees?

Answer 28

When explained through a company policy distributed to all employees.

Question 29

Which division of the Department of Industrial Relations (DIR), also referred to as the Labor Commissioner, has the main purpose to ensure that all employees are appropriately paid for work completed in the State of California.

Answer 29

Division of labor standards enforcement (dlse)

Question 30

Which form of alternative dispute resolution (ADR) is a way to resolve disputes outside the courts where the dispute will be decided by one or more persons, which renders the ‘award’ that is legally binding on both sides and enforceable in the courts?

Answer 30

arbitration

Question 31

Which type of penalty is calculated daily until fines are paid up to a maximum of 30 days?

Answer 31

waiting time penalty

Question 32

In what areas of the employment relationship, between employers and employees, might privacy issues develop?

Answer 32

All areas of the employment relationship

Question 33

Regardless of the specific legal basis for any privacy intrusion by an employer, the employer should always follow a best practice to allow access to private information:

Answer 33

Only on a strict “Need to Know” basis

Question 34

The CROWN act

Answer 34

The CROWN Act ensures protection against discrimination based on natural hairstyles by extending statutory protection to hair texture and protective styles in the Fair Employment and Housing Act (FEHA) and state Education Codes.

Question 35

To protect its intellectual property and other assets, what law addresses the need for California employers to limit access to trade secrets only to individuals with a need to know such information in the performance of their duties?

Answer 35

California Uniform Trade Secret Act

Question 36

What employers are not required to have an IIPP?

Answer 36

Employers with 10 employees or less

Question 37

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

Answer 37

The California Constitution; Article 1, Section 1

Question 38

What must employers show to create a successful defense against a privacy claim, assuming that an employee has stated a prima facie case for a violation?

Answer 38

A legitimate, compelling business interest prompted the intrusion; the intrusion was legally authorized or socially beneficial; and the intrusion was reasonably calculated to further the legitimate, compelling business interest.

Question 39

What State of California organization publishes the For Your Benefits Brochure DE 2320?

Answer 39

EDD

Question 40

Which of the following is NOT an element an employee must show to establish a prima facie case for invasion of privacy?

Answer 40

Each of the other responses states an element required under the test stated by the California Supreme Court in Hill v. NCAA: (1) the claim is based on a legally protected privacy interest; (2) the employee had a reasonable expectation of privacy under the circumstances; and (3) the employer’s conduct was a serious intrusion into the employee’s privacy concerns.

The correct answer is: the private information claimed to be violated is not true, because truth is a defense

Question 41

Which of the following is the weakest reason for an employer to consider intruding upon an employee’s right to privacy?

Answer 41

To assess employee commuting patterns in connection with implementing new tardy policy

Question 42

Which of the following would not be considered a reasonable accommodation?

Answer 42

An accommodation is required as long as it does not pose an undue hardship on the employer, or imped on the rights of other workers.

The correct answer is: Requiring assistance from another employee

Question 43

Which of these activities are generally considered personal and private under privacy law?

Answer 43

:

a. Religious activities and free speech activities

Question 44

Worker’s Compensation Insurance/Injury Coverage includes company sponsored events. What would be an example of a company sponsored event?

Answer 44

Softball game

b. Holiday party
c. Company training
d. All of the above