Compliance and Risk Management Flashcards
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.
Hazard
Employee Literacy Education Assistance Act, California employers with 25 or more employees must provide reasonable accommodations and assistance to employees who:
Reveal an illiteracy problem and request the employer’s assistance in enrolling in an adult literacy program
According to the Private Attorneys General Act (PAGA), employees may recover damages for an organization’s failure to:
The PAGA allows an employee to file a claim against an organization for not properly maintaining employment records.
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.
Yes, if it happen at work
Employers with five or more employees generally cannot limit or prohibit the use of any language in the workplace, except in rare circumstances
never limit or prohibit foreign languages used in the workplace, unless they can show a business necessity
Grouped of employees who together, hired an attorney, and filed which claim for unpaid overtime?
Considered a class action
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:
Protection of personal data and trade secrets
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:
Enter into an interactive conversation.
California law requires that employers translate the below policies into any language spoken by at least ten percent (10%) of their workforce.
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
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.
PAGA
English Only policies are valid under which circumstance?
For business necessity regarding production and safety
Fill in the blank. ______________ relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses, and allowances.
Equal Pay
Anti - Harassment retraining is required every _ years
2
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.
5
Which agency implements laws passed by the California legislature and signed by the governor, and regulations adopted in a rulemaking process?
DIR Department of industrial
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:
People’s sex or gender
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)
Reasonable Accomedation
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
interactive process
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:
Strike
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.
Provide her with additional break time to express breast milk?
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
Gender Pay Gap
EDD sends claims which need to be answered in
10 from the date on the letter
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.
Adult literacy program
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.
Conciliator
What is the first step in developing an effective anti-harassment program?
Compose and communicate a clear policy.
Jane owns a manufacturing company that makes aerospace parts. There are generally 8 to 9 employees in a given year. Jane is exempt from:
Cal/OSHA Reporting
When an employee is being laid off, California law requires that the employer provide them with:
Notice of change in relationship
When can an employer use technology resources to monitor their employees?
When explained through a company policy distributed to all employees.
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.
Division of labor standards enforcement (dlse)
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?
arbitration
Which type of penalty is calculated daily until fines are paid up to a maximum of 30 days?
waiting time penalty
In what areas of the employment relationship, between employers and employees, might privacy issues develop?
All areas of the employment relationship
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:
Only on a strict “Need to Know” basis
The CROWN act
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.
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?
California Uniform Trade Secret Act
What employers are not required to have an IIPP?
Employers with 10 employees or less
What is the primary source underlying an employees right to privacy in the State of California?
The California Constitution; Article 1, Section 1
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?
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.
What State of California organization publishes the For Your Benefits Brochure DE 2320?
EDD
Which of the following is NOT an element an employee must show to establish a prima facie case for invasion of privacy?
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
Which of the following is the weakest reason for an employer to consider intruding upon an employee’s right to privacy?
To assess employee commuting patterns in connection with implementing new tardy policy
Which of the following would not be considered a reasonable accommodation?
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
Which of these activities are generally considered personal and private under privacy law?
:
a. Religious activities and free speech activities
Worker’s Compensation Insurance/Injury Coverage includes company sponsored events. What would be an example of a company sponsored event?
Softball game
b. Holiday party
c. Company training
d. All of the above
