Employee Relations Flashcards
What constitutes as a solitation?
an employee sends new contact information to all cusotmers
the California Supreme Court has clarified that such “professional announcements” are “basic to an individual’s right to engage in fair competition.” In California, “solicitation” means asking a particular individual to do some particular thing; merely providing new contact information, without more, does not constitute solicitation under California unfair competition law.
Qualified Trainer undr CA Law SB 1343
an Attorney with 2+ years on the bar or Professor or instructor with 20 + instructor hours with FEHA/ Title VII
HR Porfessional with 2+ handling harrassment claims and investigations
Severance
Written in simple language, COBRA continuation of outplacement assistance and provide additonal considearation of value greater than what is already entitled
Ban the Box
Fair Chance Box
Medical Marijuana
Does not allow a employee to be under the influence whie working
Anti- Harrassment Prevention training
Will be provide to all employees with @ least 5 employees, within 6 months of hire or promotion, provided by a qualified trainer
Cal Warn notices mustbe provided under 3 types of evetns
Mass layoff
Relocation
Termiantion
CA Law prohinbits applicant from asking
Salary History
Criminal Arrest History
Family History
CA Law Reuires Hotels to provide what type of trianing
at least 20 minutes of human trafficking awareness
California law requires specialized anti-harassment policies and/or training for employers in which industries?
Talent Agencies, Constructions, Janitorial
E- Verify
is a generally a voluntary program for employers to verify employment eligibility unless under federal contract
Constructive Discharge
Employers who make the working environment surrounding an employee so stressful and uncomfortable that the employee quits
Termination durign a Leave
It can happen
Offer Letters
Amount and basis of compensation, exempt/nonexempt status, and start date
Outside of Entertainment Work Permits or being employed in a family business, California law permits minors to work at what age?
12 years
Recent California law prevents what item from being included in settlement agreements?
No hire clause
Entertainer Minor Permits
6 months or 10 days
What compensation item must be provided upon reasonable request from an applicant?
Position Pay Scale
When claim of harassment has been submitted, the employer is required to conduct a workplace investigation that provides
Interviewing of the victim, the alleged harasser, and any witnesses
Is timely, thorough, and confidential
Is properly documented
All FEHA complaints must be submitted to the DFEH prior to filing a lawsuit. If the DFEH, for whatever reason, will not handle the claim, they will provide a:
Right to Sue letter
A state contractor’s Drug-Free Workplace program must inform employees about:
The organization’s policy of maintaining a drug-free workplace
In California, state contractors must comply with the requirements of the Drug-Free Workplace Act of 1990 by establishing a Drug-Free Awareness Program
1) the dangers of drug abuse in the workplace; 2) the person’s or organization’s policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and 4) penalties that may be imposed upon employees for drug abuse violations. The requirement is for information about the dangers of drug use in the workplace
Who is held responsible for this child labor violation?
employer
California employers must have a Permit to Employ and Work on file and available for inspection by school and labor officials at all times when:
The employee is under the age of 18 and has not graduated from high school or obtained a GED
California employers must have at least _____ employees to be covered by the anti-harassment provisions of FEHA. (Fill in the blank)
1, 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.
Who does the CA FEHA Cover?
Anyone who employs, or has employed, five (5) or more employees during twenty (20) or more calendar weeks within the calendar year preceding an alleged violation of the act. All public sector employers are covered, regardless of the number of employees they have.
Whats the UTSA?
Uniform Trade Secret ACt
What considers a Trade Secrete?
(1) Derives actual or potential economic value from not being generally known to the public or to other persons who can derive value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. An organization needs to take reasonable efforts to maintain the secrecy of information if it wants to best preserve its legal ability to protect that information.
State Cosntracts awardded an organization must contain what ?
very state contract and subcontract for public works or for goods or services shall contain a non-discrimination clause prohibiting discrimination on the bases enumerated above by contractors or subcontractors.
The covenant of good faith and fair dealings:
is implied automatically into every contract
Under Cal WARN Act, mass layoff means?
A layoff during any 30-day period of 50 or more employees at a covered establishment.
SB 1343
Supervisor ( 2hrs) & non- supervisor (1 hr) to be provide with ant harrassment training every 2 years
SB 1343 Training must include wha?
Guidance of State and Federal laws, prevention and correction of it, remedies avaialble to the victums. Practical examples of harrasment, discrimination, and retaliation. How to report abusive conducts. Harassment based on sexual orientation, gender identity, gender expression.
AB 253
Prevention of abusive conduct- conduct with malice, that reasonable person would fine hostile, offensive. Remarks, insults, verbala dn physical conduct. One single act woudl not cosntitute as abusive conduct unless its severe and egregious
SB 396
Additonal trianing on gender identity, gender expression and sexual orientation.
Whistleblower
Labor Code section 1102.5 provides that an employer may not make, adopt or enforce any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation. An employee may also refuse to participate in an activity that would result in a violation.
Violations of California child labor laws are punishable by
Child labor violations can result in significant files and possible jail time. The relevant body of knowledge core concept is that child labor law violations are serious and California employers should exercise due diligence to avoid them.
When an employer performs its own background check regarding an applicant, which of the following steps is NOT required?
Obtain written consent in advance to perform the background check
ICRAACalifornia Investigative Consumer Reporting Agencies Act -
When using an outside agency -Under California’s ICRAA, an employer is required to provide an applicant with an opportunity to request a copy of any report obtained by a third-party background-check service, but the employer is not always required to provide such a report to the applicant, as the applicant might elect not to request the report. A checkbox can be used for the applicant to indicate whether they are making such a request.
Obtain written consent in advance for the first background check report
c. Obtain written consent in advance for a second background check report
d. Provide written advance notice that the report may contain information about applicant’s character, reputation, personal characteristics, and mode of living
FCRA
Fair credit Reportiing Act
CCRAA-Consumer Credit Reporting Agencies Act
Requires employers who conduct a background check to provide a report within 7days unless the candidate waives their right. If the employer takes adverse action the candidate will have 5 days to explain or correct the information.
When an organization hires an employee from a competitor, which one of the following precautionary steps would be the MOST effective to reduce the possible risks of successful litigation from the competitor for unfair competition?
Select one:
Place the employee in a job position that does not involve competition with the prior employer.
The most effective step to proactively prevent actual misappropriation of any protectable information is to place the employee in a position that really will not call upon them to use or disclose any such information.
Which employees must receive the notice, if one is required, under the Cal WARN Act?
Under the Cal WARN Act, all employees of the covered establishment affected by the employer’s action, both full-time and part-time, must receive the notice (in addition to specified government officials)
Which employers are covered by Cal WARN?
Cal WARN Act―California employers who operate a facility that has employed 75 or more individuals in the preceding 12 months are covered by the Cal WARN Act.
Legal Practice durign the hirign stage
Drug test
Background investigation
Medical evaluations
What are the exceptions to the California presumption of at-will employment?
An implied contract
Reasons against public policy
Covenant of good faith and fair dealing
Termination Notices
Health Insurance Premium Payout (HIPP) Notice
COBRA Rights Notice
Change of Status Notice
Which of the following most accurately states the objectives of workplace harassment training?
to change workplace behaviors and develop a set of supervisor values
Sexual Harrassmnet is not reuiqred for
Does not apply to private employers that receive the services of less than 5 persons.
Which written notice must be given immediately to employees of their discharge, layoff, leave of absence or change in employment status?
Notice to Employee as to Change in Relationship
Workers in California restaurants under the age of 16 are not permitted to work in which of the following cooking areas?
Baking area
