Functional Area #1: Compensation Wage/Hour 21% Flashcards
Executive Exemption
- Duties involve mgmt of enterprise/dept.
- directs the work of two or more
- authority to hire/fire
exercises discretion and independent judgment - Over 50% of time spent on executive duties
- salary 2x min wage
Administrative Exemption
- office/non-manual work directly related to management policies/general business operation
OR
admin functions of a school system - exercises discretion/independent judgment
- regularly/directly assists an executive, proprietor
OR performs under general supervision w/ special training/knowledge - over 50% of duties are administrative
- salary of 2x min wage
Professional Exemption
- licensed/certified by the state of CA in law, medicine, dentistry, optometry, architecture, engineering, teaching, accounting OR
a learned or artistic progression - discretion/independent judgment
- monthly salary 2x min wage
Non-Exempt Professionals
- Pharmacists
- registered nurses
Computer Software Field Exemption
exempt if paid on an hourly basis and…
1. work is intellectual/creative and requires independent judgment/discretion
2. over 50% of duties
3. highly skilled. proficient in theoretical/practical application of highly specialized computer systems etc
4. hourly rate not less than $50 - $53.80
Additional exempt employees
Exempt from both OT, min wage, and meal breaks
- ee’s of the state/govt
- outside salespersons
- parent, spouse, child, adopted child of the eer
- in the national svc pgm like Americoprs
Outside Salesperson Definition
- works more than 1/2 time away from business
- sells tangible/intangible items or obtains orders/contracts for products or svcs
Overtime Provisions
- 1.5 times regular rate of pay over 8 hours and up to 12 in a workday and on the first 8 hours on the 7th consecutive day
- 2x rate of pay for hours worked over 12 and hours over 8 on the 7th consecutive day
Alternative Workweek Schedule and OT (not in healthcare industry)
- 10 hours max/day in 40 hour workweek
- Over 10 hours and put to 12 is 1.5x
- Over 40 hours per week
- Over 12 hours is 2x
- over 8 hours on a non-scheduled work day is 2x
Max amount of hours an employee can work in a day
- voluntarily = 16 hours
- 8 hours of off duty time required after working 24 consecutive hours
Makeup Work Time
up to 11 hours of make-up time in a day during the week the hours were lost would not be OT
Min Wage 25 or less ees
$15.50
Min Wage 26 or more ees
$15.50
Learner
first 160 hours with no previous experience can be paid 85% of min wage rounded to the nearest nickel
Exempt from min wage
Learner
Apprentice
parent, child, spouse of eer
disabled
Reporting Time Pay
reports to work but has no work to do, ee must be paid for half of the scheduled work. No more than 2 and a max of 4 hours
if ee reports a second time, min pay is 2 hours
Reporting Time Pay Exceptions
- threats to ees or property or when recommended by civil auth
- public utilities fail
- act of god
- ee on paid standby status
Wage Order Recordkeeping Requirements
- full name, home add, occupation, ssn
- dob if under 18
- time records
- wages paid each payroll period
5 hours worked in the payroll period and rates of pay - if piece rate- # of pieces or if incentive plan- explanation of plan
- kept for 3 years
- properly dated
Wage Statement Requirements
itemized statement of the following:
1. deductions
2. pay period
3. name or ssn
4. name and add of eer
5. kept for 3 years
6. dates
7. total hours worked
8. gross and net wages
9. hourly rate and hours worked at hourly rate
10. piece-rate units produced
11. sick time accrued and unused
Hand Tools and Equipment
if an ee earns 2x min wage may be required to provide and maintain
Meal Periods
- meal period required if working more than 5 hours
- this can be waived if working 6 hours or less
- If meal period not provided, 1 hour at regular rate of pay per day
Alternative Workweek Schedule in the health care industry
- max of 12 hours in a day and 40 hours in a week without to
- double time if over 12 hours
- over 40 hours in a week = 1.5x
Rest Periods
- over 3.5 hours a 10 min paid rest period is provided
- taken in the middle of each 4 hours worked
- 1 hour at regular rate of pay for everyday rest breaks not given
Penalties to violation provisions in wage orders
First Violation= $50 for each underpaid ee per pay period
Subsequent Violations= $100 for each underpaid ee per pay period
Violations of wage orders should be reported to
DLSE/Labor Commissioner’s Office
Wage orders don’t apply to
- Executives, administrative, or professionals
- ees working for the state, city, local govt
- outside salespersons
- parent, spouse, child of eer
- individuals in a national svc pgm (AmeriCoprs)
Sections of Wage Orders
- applicability of order
- definitions
- hours and days of work
- min wages
- reporting time pay
- licenses for disabled workers
- records
- cash shortage and breakage
- uniforms and equipment
- meals and lodging
11.meal periods - rest periods
- change rooms and resting facilities
- seats
- temperature
- elevators
- exemptions
- filing reports
- inspection
- penalties
- separability
- posting of order
Wage Order 1
Manufacturing INDUSTRY
Wage Order 2
Personal Svcs INDUSTRY
ie. beauty and nail salons, health clubs
Wage Order 3
Canning, Freezing, and Preserving INDUSTRY
Wage Order 4
Professional, technical, clerical, mechanical OCCUPATIONS
ie. accountants, bookkeepers, mechanics, doctors, nurses, lawyers, journalists, banks, insurance companies, newspapers, utilities
Wage Order 5
Pubic Housekeeping INDUSTRY
ie. restaurants, hotels, apartment houses, hospitals, private schools, cleaning and groundskeeping, veterinary hospitals
Wage Order 6
Laundry, linen supply, dry cleaning and dyeing INDUSTRY
Wage Order 7
Mercantile Industry
ie. wholesale, retail, rental businesses
Work Order 8
Industries handling products after harvest
Work Order 9
Transportation INDUSTRY
ie. storing and warehousing of products or property and the parking, rental, maintenance, or cleaning of vehicles
Wage Order 10
Amusement and recreation INDUSTRY
ie. theaters, amusement parks, golf courses, gymnasiums, bowling, race tracks
Wage Order 11
Broadcasting INDUSTRY
Wage Order 12
Motion picture INDUSTRY
Wage Order 13
Industries preparing agricultural products for market on the farm
Wage Order 14
Agricultural OCCUPATIONS
Wage Order 15
Household OCCUPATIONS
companions, butlers, chauffeurs, housekeepers
Wage Order 16
Occupations in the on-site construction, drilling, logging, and mining
Wage Order 17
Misc ees
Exceptions for wage order 5
camp counselors
no ot rqd if ee doesn’t work more than 54 hours and not more than 6 days in a workweek
no double time rqd
Exception for wage order 5: housekeeping, personal attendants
max of 9 hours in a day or 45 hours in a week then OT applies
live-in domestic workers who are not personal attendants OT over 9 hours per day, first 9 hours on 6th day and 7th consecutive day
double time for 6th or 7th consecutive day
Wage Order 5: OT for housekeeping resident managers of homes for the aged that have less than 8 beds
no weekly OT as long as ee doesn’t work over 40 hrs / week or more than 6 days
no double time rqd
Wage Order 5: Housekeeping ees responsible for children under 18 that rcv 24 hour residential care
OT over 40 hrs / week
Double the employee’s regular rate of pay for all hours over 48 in the workweek
over 16 hours = 2x
over 48 hours = 2x
Wage Order 5: Housekeeping
Wage Order: 9 Transportation
ambulance drivers and attendants who work 24 hour shifts and have 3 meal periods with an 8 hour sleeping period are not rqd to rcv OT
Wage Order 10: Amusement/Recreation EES of a ski establishment
OT over 48 hours
OT over 10 hours in a day
Wage Order 10: Motion Picture Industry Extra Players
OT for the 9th and 10th hours of work in a day
2x pay over 10 hours
Wage Order 12: Motion Pic with minors (unless 16/17 and don’t have to go to school)
OT on 6th consecutive day of 1.5x
Wage Order 15: non-live in ees
No OT for the 7tbh consecutive day when working 30 hours or less or less than 6 in a workday
Types of deductions that can’t be made of an exempt ees pay to keep exempt status
- for quantity or quality of work
- violations or disciplinary action
- tardiness
For exempt ees, after a full week absence without any work performed, these are the types of deductions to pay that can be made
Full week for samju
- sickness
- accident
- military leave
- jury duty
- unavailability of work
For exempt ees, after a full day absence without any work performed, these are the types of deductions to pay that can be made
- FMLA
- Pregnancy leave
- workers comp leave
- vacation/personal time
- initial and final week of work
Wage garnishments can’t exceed
25% of ees disposable earnings or 50% of the amount by which weekly disposable income exceeds 40x min wage, whichever is greater
50% for child support when ee is supporting another child/spouse
60% for child support when ee isn’t supporting spouse or child
increased 5% if garnishment app;lies to a period that is more than 12 weeks prior
for child support, 50%
Times per month exempt and non exempt should be paid
nonexempt ees: at least twice each month
exempt ees: at least once a month
Penalty for not paying wages
waiting time penalty= regular rate of pay for 30 days max until wages correctly paid
when should a meal period begin
no later than the 5th hour of the shift
second meal break: no later than the 10th hour?
Warehouse distribution centers with ________ or more ees must be provided with a written description of each quota that applies to the job, defined time periods tasks must be performed, and adverse employment action if quota not bet
100
Which act prohibits eers from paying a piece rate for which type of workers and will now need to be paid min wage?
The Garment Workers Protection Act
Garment Workers
Split Shift Differential Pay
one hour of pay at minimum wage
*unless the ee already makes more than min wage and total is more than if they made min wage with the extra hour
What is Compensatory Time Off
When an ee works OT but instead of getting paid OT requests for the time off. For every hour of OT ee gets 1.5 hours of time off
What are the circumstances where compensatory time off is allowed?
- Comp time must be at 1.5x regular rate of pay
- must be a written agreement beforehand and ee can’t accrue more than 240 hours of comp time
- ee must rqst the use of comp time in writing
Which work orders can’t use comp time?
1, 3, 8, 10, 13, 14
What is the Seventh Day Rule?
employees are entitled to one day’s rest in seven (except for when shift is 6 hours or less and 30 hours or less per week)
Alternative workweek adoption process
- compnay presents a written proposal
- company holds meetings at least 14 days before the vote
- eer conducts a secret ballot. If more than 2/3 vote yes then it’s approved
- eer must register the Alternative Work week with the DIR’s Division of Labor Standars and Research within 30 days
Repeal process for an alternative workweek
- 1/3 ees petition to repeal
- a secret ballot is held. If over 2/3 vote to repeal then no more alt workweek
- once repealed, eer has 60 days to reply
Which act requires eers to provide a privacy policy on the website where applicants apply online
California Online Privacy Protection Act
Which laws focus on the type of information and organization can request from an applicant and the requirements that must be followed in using this information to make an employment decision?
California Investigative Consumer Reporting Act (
CICRA)
Fair Credit Reporting Act (FCRA)
Credit reports may be obtained when performing background checks. It is only allowed for the following ee categories:
- positions with the Department of Justice
- Executives
- Law enforcement
- where it is rqd by law
- positions that require access to bank/credit card info, ssn, dob
- when ee is a signatory on eers bank/cc
- access to confidential/ proprietary info
- regular access to $10k or more
- financial institution ees
Exceptions to expunged crimes where the eer is required by law to obtain arrest information under SB 530
- if the applicant would need to use a firearm
- law prohibits a convicted ee even if it has been expunged, sealed, dismissed
- eer is prohibited by law from hiring a convicted person
DFEH protections on criminal records
it’s unlawful for eer to inquire or seek info regarding an arrest that wasn’t a conviction, a conviction that has been sealed or expunged, a misdemeanor where probation is completed and the case was dismissed, or arrest where a pretrial diversion program was completed
What is the Fair Chance Act
“ban the box” prohibits eers of more than 5 ees from asking about a conviction history before making a job offer
What is the name of the program that assists individuals who are incarcerated by providing jobs that provide work experience?
The Joint Venture Program which implements the Prison Inmate Labor Initiative
Which two Acts protect an employee who previously abused alcohol/drugs, successfully rehabilitated, and no longer uses alcohol/drugs
Americans with Disabilities Act
California Fair Employment and Housing Act
Which types of eers can demand/require ees to take a polygraph, lie detector test?
Federal or State govt agency
How many hours can 12-13 year olds work?
School in session: 8 hours on non-school days
School not in session: 8 hours per day 40 hours per week
How many hours can 14-15 year olds work?
School in session: 3 hours on a school day not during school hours and 8 hours on non-school days max of 18 per week
School not in session: 8 hours per day 40 hours per week
How many hours can 16-17 year olds work?
School in session: 4 hours on a school day and 8 hours on non-school day max of 48 hours per week
School not in session: 8 hours per day 48 hours per week
Spread of hours 12-13 year olds and 14-15 year olds can work
After labor day through May 31: 7-7
June 1-Labor Day: 7-9
Spread of hours 16-17 year olds can work
5am-10pm schooldays or days before a school day
5-12:30 am on days before a non-school day
Which types of jobs can children under 14 be allowed to work?
agriculture, entertainment, newspaper delivery, homeworkers
What are the two types of entertainment work permits available for minors aged 15 days to 18 years?
- standard six-month Entertainment Work Permit
- a ten-day Temporary Entertainment Work permit.
What are the components of the 10-day temporary Entertainment Work Permit for minors?
- must be 15 days - 16 years old
- must never have applied for a six-month Entertainment Permit
- not previously applied for a 10 day
- there’s a fee
What are the penalties for improperly employing minors?
Class A violations: most severe and deals with hazardous/dangerous conditions. Fine= #-$5k-$10k per violation. But if the minor is 12 or less, fines range from $25k-$50k!
Class B violations: deals with work permits, the entertainment industry, and other health and safety violation not covered in class A. Fines = $500-$1k. Some violations are misdemeanors with fines up to $10k, 6 mos in jail, or both.
Required New HIre Documentation
- I-9 Employment Eligibility Verif
- W-4 federal and state tax
- Workers’ Compensation Time of Hire Pamphlet: Personal Chiropractor or Acupuncturist Designation Form and Personal Physician Designation Form
- Sexual Harassment Pamphlet (DFEH-185P)
- EDD Disability Insurance Pamphlet (Form DE 2515)
- Paid Family Leave Pamphlet (Form DE 2511)
- Wage and Employment Notice to Employees (Labor Code section 2810.5) (Form DLSE-NTE). This form is only required for non-exempt employees
- New Health Insurance Marketplace Coverage Options and Health Coverage Form (Form OMB No. 1210-0149)
- General Notice of Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage rights (if 20 or more employees and employer offers health plan)
- Rights of Victims of Domestic Violence, Sexual Assault and Stalking Pamphlet
- Work Permit for Minors (if applicable) (CDE Form B1-4)
When must the SDI Pamphlet be provided to new hires?
within 5 days
What information does the For Your Benefit form include?
disability insurance
Paid family leave
unemployment insurance
Which type of employees should receive the Wage Theft Protection Act Notice?
nonexempt employees
When do eers give the Cal-COBRA Notification and HIPPAA notices?
When they have 2-19 ees and after a qualifying event occurs
How many ees are needed for eers to provide the CFRA notice?
5 or more with at least one in CA
What does the EDD handle?
unemployment
state disability
workforce investment
labor market information programs
collects and audits payroll taxes
maintains employment records
When must eers register with the EDD?
When they have one employee who has been paid $100
When are eers required to report new or rehired ees to the EDD’s New EE Registry
20 days
What is the civil penalty for not complying with E-Verify provisions?
$10k per ee
When are ee non-compete agreements legal in CA?
- sale of business goodwill exception
- dissolution of partnership exception
- dissolution of LLC exception
- common-law exception to protect trade secrets
Which Act makes it illegal for ees to misappropriate trade secrets from a former eer?
Uniform Trade Secrets Act
Are non-compete agreements legal in CA?
Generally, no
Are non-disclosure agreements enforceable in CA?
Yes, only if they don’t define the protected information too broadly
What does AB 51 prohibit?
requiring ees from signing arbitration agreements
What are the new hire training requirements? How many ees?
eers with 5 or more ees must train all ees in sexual harassment prevention within 6 mos of hire or promotion.
rcv every 2 years
must include training on:
anti harassment
abusive conduct
gender identity, expression, and orientation
RETAIN RECORDS FOR 2 YEARS
What are the qualified trainer requirements for anti-harassment training?
- attorneys working 2+ years working in employment law under the FEHA or Title VII
- Professors or instructors with 20 instruction hours or two+ years exp teaching about employment law
- HR professionals with 2+ years handling claims of sexual harassment
- trainers specializing in sexual harassment
- HR or harassment prevention consultants with 2 years exp
Talent Agency Rqmts for sex harassment
AB 2338 requires talent agencies to provide:
educational materials about sex harassment prevention, retaliation, and reporting to its artists
educational materials regarding nutrition and eating disorders to adult artists within 90 days of agreeing to representation
keep records for 3 years
Training requirements for medical field
AB 241 requires continuing education for physicians and surgeons to include curricula on implicit bias and bias-reducing strategies
implicit bias training for nurses and physician assistants
what are “Skelly Rights”?
Rights of civil service or public sector ees
Pre disciplinary due process meeting
The purpose of the Skelly rule is to allow employees an opportunity to respond to the charges and to request a reduction or elimination of the discipline. It also allows for an opportunity to check out the evidence that management has against the employee.
Training requirements for janitors
Janitor Survivor Empowerment Act
training every other year in-person on sexual violence and harassment prevention training
Human Trafficking Awareness training
SB 970 requires hotels and motels to provide at least 20 min of training related to human trafficking awareness within 6 mos of hire and every two years
Mandated Reporter Training
HR ees working at a business with 5+ minors are mandated reporters under the Child Abuse and Neglect Reporting Act.
supervisors must be trained to identify and report child abuse
Which law requires organizations that enter into a contract with or receives grants from the State to provide a drug-free workplace?
California’s Drug-Free Workplace Act
The National Labor Relations Board (NLRB) has specific criteria where eers can require workers not to discuss ongoing investigations
EERs may ask eers not to discuss an ongoing investigation when there is a legitimate and substantial business justification
Re the NLRB, what is a substantial business justification?
- witness protection
- evidence could be destroyed
- testimony at risk of being fabricated
- to prevent a cover-up
- serious threat that exists to the integrity of the investigation
Who can conduct workplace investigations?
- W-2 ee that is trained to perform investigations
- attorney
- private investigator
- off-duty peace officer
Which Act is a federal law requiring eers to provide 60 days notice to ees when they will be affected by a plant closure or mass layoff?
Cal WARN Act
The Worker Adjustment and Retraining Notification
When is Cal WARN applicable?
eers with a commercial/industrial facility that has eed 75+ ees in the last 12 mos and includes PT ees
ees must’ve been employed at least 6 out of the 12 mos to be counted
Cal WARN Notification events
- Mass layoff of 50+ ees employed for at least 6 mos in the last 12 mos and lasts for 30+ days
- Relocation of 50+ ees moving over 100 miles
- Termination that affects 50+ ees
provide notification 60 days prior
Aside from affected ees, Cal WARN notification must also be provided to:
- EDD Workforce Svcs Division
- local workforce investment board
- chief elected official of each city/county govt
What are the 3 exceptions to the notification requirements of Cal WARN?
- faltering company (relocations/terminations only)
- Unforeseeable bus circumstances (plant closing and mass layoffs)
- physical calamity or act of war (plant closing and mass layoffs)
Penalties for not providing proper notification under Cal WARN
$500 max for each day of the violation
pay and benefits of up to 60 days
What is the OWBPA
Older Workers Benefit Protection Act
if there is an employment contract where eer agrees to hire an ee for a specific period of time but doesn’t specify circumstances when employment can be terminated, then the ee can only be terminated under three circumstances.
- ee willfully breaches on of their employment duties
- ee is habitually neglectful of their duties
- ee is unable to perform their duties
Compensatory Damages
type of monetary award intended to make the ee whole again. ie. missed wages, back pay, emotional distress or mental suffering.
Punitive Damages
monetary punishment ordered by the court
Constructive Discharge
when the eer’s conduct forces an ee to resign
What is useful when an ee is terminated with little or no prior documentation of misconduct or performance problems
severance agreement
What is the wording that should be quoted in release/severance agreements?
The agreement should cite section 1542 and state that the ee is waiving unknown claims
otherwise, the ee can bring claims they didn’t know of at the time at a later date
Severance agreements of ees 40+ must contain:
that the ee is
1. waiving claims for age related discrimination
2. receiving consideration in exchange for their waiver
3. can obtain legal counsel prior to signing
4. not releasing claims that arise after signing agreement
5. 21 days to consider signing
6. may revoke the severance at any time within 7 days of signing
When 2+ ees are terminated on same day or close to it, and if one ee is 40+ then the severance agreement must include what?
- the ee has up to 45 days to consider signing
- ee has up to 45 days to consider the eligibility info presented in the agreement
What other provisions should a release/severance agreement include?
- language stating that the agreement does not prohibit the ee from filing charges or reporting violations to law enforcement
- if releasing rights to workers’ comp, it must be signed by a WC judge
Federal law that requires eers with more than 50 full time ees to provide health insurance
Patient Protection and Affordable Care Act PPACA
California law/program that allows eers with 1-49 full time ees to purchase health insurance
Covered California for Small Business (CCSB)
must have at least 70% ees participating
over 50% of ees need to live in CA
eers rqd to contribute 50%
Where do you register a domestic partnership?
with the California Secretary of State
File a Declaration of Domestic Partnership Form
Which law requires all health insurance providers to extend coverage to registered domestic partners?
the California Insurance Equality Act
*the only exemption is for employers who self-insure
What is Cal-COBRA?
The California Continuation Benefits Replacement Act
extends COBRA benefits to non-govt orgs in CA with 2-19 ees
How many ees does an eer need to have for COBRA?
How many mos of coverage is offered?
at least 20 ees
18 mos
How many months of coverage is offered under Cal-COBRA?
up to 36 mos
Describe Cal-COBRA’s extended period of coverage for retirees and beneficiaries.
ees who are at least 60 years old and worked for at least 5 years with their last eer are entitled to an extension of at least 5 years
Former eers must offer Cal-COBRA benefits to retirees who are at least 60 years old until what happens?
- until they accept another health plan
- stop participating in a health plan
- accept Medicare,
or are 65 years old
How many days does a former ee have to respond to a notification about the right to continue COBRA/Cal-COBRA coverage?
within 60 days
eer must mail the notification within 30 days
EES are responsible for how much of the cost of COBRA/Cal-COBRA?
Cal-COBRA 110%-150% of the group rate
COBRA up to 102%
Which state program can assist individuals with premium payments because they are losing their eers health insurance?
California’s Health Insurance Premium Payment (HIPP) for qualified beneficiaries with full scope Medi-Cal coverage.
A retirement savings program for private sector workers whose eers don’t offer a retirement plan, self-employed individuals, and others who want to save extra
Cal Savers
eers with _______ ees must participate in Cal Savers if they don’t already have a workplace retirement plan
5 or more ees
Which type of account do participants in a Cal Savers program contribute to and what is the default savings rate?
Roth IRA
5% of gross pay
What are the penalties for not offering Cal Savers when required?
$250/ ee if the eer doesn’t comply within 90 days of receiving a notice
$500/ ee if eer doesn’t comply within 180 days
What is the Healthy Workplaces Healthy Families Act?
provides paid sick leave for most ees who work at least 30
+ days in California (ft, pt, exempt, non exempt)
can use on their 90th day of employment
can limit to no more than 24 hours/3 days per year
unused carries over bu you can limit it to 48 hours/six days
all employers regardless of size
Healthy Workplaces Healthy Families Act sick leave can be given in several ways
- all at once/up front
- accrued at no less than 1 hour per 30 hours worked
- accrued so that ee has at least 8 hours by the 120th day
- In an Alt Work schedule of 4/10’s should receive 30 hours
- ees who work less than 8 hour days 24 hours/4 days
What requirements are eers allowed to implement when managing sick pay under the Healthy Workplaces Healthy Families Act?
- can limit use to after 90 days of employment
- accrual cap of 48 hours/year
- limit these of paid sick leave to 24 hours per year
What are qualified family members under the Healthy Workplaces Healthy Families Act?
- child
- parent (step, in-law, etc.)
- spouse (including domestic partner)
- grandparent
- grandchild
- sibling
what is the cap eers can apply to vacation or PTO ?
The Labor Commissioner’s guidelines put this limit at 1.75x ees annual rate of accrual
What is “Kin Care”?
if an employer provides employees paid sick leave employees can use for specific reasons, the employer must allow an employee to use a portion of that leave to care for or assist a family member for covered reasons.
designated person, sick child, parent, spouse, registered domestic partner, or child of a registered domestic partner
How much time off to vote is paid for?
ees can be given as much time as needed to vote, but only a max of 2 hours is paid.
eers must post the notice at least 10 days prior to the election
ees must notify their eer at least 2 days b4 election of the need for time off
When are ees eligible for workers comp?
on their first day of hire
a federal law that protects ees who need time off for military service
Uniformed Services Employment and Reemployment Rights Act (USERRA)
What is USERRA?
one of the most protective ee rights laws. It prohibits discrimination against ees in the military, who’ve served in the military or take leave to serve in the military.
Requires eers to reinstate ees who take up to 5 years off for service with all the promotions, raises, and benefits they would’ve rcvd had they not left.
ee can’t be terminated, other than for cause, for 180 days after returning (if leave was between 30-180days) or for 1 year if the leave was over 180 days
When must ees apply for reinstatement after being discharged from the military and qualify for USERRA protections?
40 days
Under USERRA, how many days of protected leave are the Guard, Reserves, or Naval Militia entitled to for military training, drills, naval cruises, etc.?
17 days of unpaid leave
What is the FEHA?
The Fair Employment and Housing Act
What is the CFRA?
How many ees
The California Family Rights Act
ees are entitled to 12 weeks of unpaid job-protected leave for their own serious health condition, to care for a family member or bond with newborn or newly adopted child.
Number of ees needed to be covered under CFRA
5, employed for at least 20 work weeks in a calendar year.
Independent contractors not included
ees for the state, counties, cities are covered regardless of number of ees
Is pregnancy disability covered under CFRA?
No, because California has Pregnancy Disability Leave
Which ees are eligible for CFRA benefits?
employed for at least 12 months (not needed to be consecutive)
worked at least 1250 hours in the last 12 mos
Exception to employee eligibility for CFRA for flight crews
not subject to the 1250 hour rqmt as long as they have 12+ mos of service w/ eer, have worked for 60% of the monthly guarantee, and worked for a min of 504 hours in the last 12 mos
When are eers required to provide eligibility notification under CFRA?
Within 5 days of an eer learning the ee has a qualifying event
How do FMLA and CFRA differ?
- CA eer can only contact medical provider to authenticate the medical cert
- CA eers can’t rqr a second opinion unless it has a good faith objective reason
- CA eers can’t rqst a second opinion for a family members medical condition
Can key ees be denied reinstatement under CFRA?
No
Eligibility requirements for Pregnancy Disability Leave
eers with 5+ ees
ees are entitled to up to 4 mos of protected job leave when they become disabled due to pregnancy, childbirth, or related issue. This equates to 17 1/3 weeks/88 days for a full-time ee
eligible upon hire
limit per pregnancy
Which department is PDL enforced by?
Department of Fair Employment and Housing (DFEH)
How can an ee on PDL receive pay?
By applying for State Disability Insurance
As soon as an eer learns of an ees pregnancy, what should the eer do?
Provide the ee with the Pregnancy Disability Leave notice
What do you know about Civil Air Patrol Leave?
eers with at least 15 ees are required to comply
ee can rcv up to 10 days off in one year to fulfill their duty with the Civil Air Patrol
A single leave can’t last more than 3 days
To be eligible, ee must be employed for 90 days, be a volunteer for the CA Wing of the civilian auxiliary of the US Air Force Civil Air Patrol, be responding to an emergency, provide certification
Organ Donation Leave
eers with 15+ ees
entitled to paid leave up to 30 days once in a year
AB 1223 provides an additional 30 days of unpaid leave where they are eligible to collect PFL or SDI
Can’t be taken concurrently with CFRA/FMLA. This type of leave would start after Organ Donation leave is exhausted
worked at least 90 days
Bone Marrow Leave
eer with at least 15 ees
entitled to 5 paid days of leave one time per year
Can’t be taken concurrently with CFRA/FMLA.
Can use CFRA/FMLA leave once bone marrow leave is exhausted
worked at least 90 days
School Activities Leave
25+ ees
allows ees time off to participate in school activities for no more than 40 hours in one year and no more than 8 hours in a month
Parents with the same eer rqd to share this time
Military Spouse Leave
25 ees
work at least 20 hours/week
be a spouse of a qualified svc member
provide notice within 2 bus days of deployment notice
provide docs to
certify deployment
up to 10 days Military Spouse Leave allowed
Voluntary Drug/ Alcohol Rehabilitation Leave
25+ ees
eers must accommodate an ee who enters drug/alcohol rehab as long as it doesn’t create an undue hardship for the eer
Under the ADA, recovering addicts are protected from discrimination but current drug abusers are not
runs concurrently with FMLA and CFRA
Domestic Abuse, Sexual Assault, or Stalking Leave
26+ ees
entitled to time off to seek medical attention, obtain svcs from a domestic violence shelter, etc
FMLA/CFRA can run concurrently
How many ees required for eer to provide volunteer firefighters, reserve peace officers, and emergency rescue personnel leave?
How many days off?
50 ees
can take 14 days off per year
Should FMLA/CFRA run concurrently?
Yes, in most cases
Should CFRA and PDL run concurrently?
No, CFRA doesn’t cover PDL.
PDL runs concurrently with FMLA.
Once the child is born and ee is cleared to work by their doctor, then they stop PDL and are on CFRA leave for bonding time
Which leave should run concurrently with Workers Comp?
FMLA and CFRA
What are the California Partial Wage Replacement Programs?
- SDI
PFL
UI
work sharing
Workers comp
EERS not covered by SDI
ministers
school districts
local gvt personnel
state ees
prayer for healing
performing domestic service
How long does SDI last?
52 weeks
range from $50-$1216
60-70% of wages earned 5-18 mos prior to claim
Paid Family Leave
all ees covered
rcv 60-70% of wages for 8 weeks in 12 mos
if rcvg SDI, UI, or workers comp they are ineligible for PFL
an ee on PDL can collect SDI until cleared, then can rcv PFL while on CFRA
Work Sharing Unemployment Insurance Program
an alternative to layoffs
7-day waiting period for benefits to kick in
intermittent, seasonal, temp ees , corporate officers or major stockholders not eligible
How many ees rqd for eer to offer Workers’ Comp?
one ee
covered on the first day of work
non-us citizens, casual workers, paid interns, minors are also included
What are the two ways to settle a workers comp claim?
Stipulations with Request for Award (stips)- ee rcvs temp/perm disability payments and rcvs medical care
Compromise and Release (C&R)- lump sum payment
What are QME’s
a Qualified Medical Evaluator
physicians who are certified by the DWC medical unit to examine injured workers, evaluate disability, and write medical-legal reports
QME’s include: MD’s, dr of osteopathy, chiropractor, dentist, optometrist, podiatrists, psychologists, acupuncturists
When an ee returns to work after being away on workers comp, what options will be offered?
- Regular work for at least 12 mos with same wages/benefits
- Modified Work: must comply with ees work restrictions, last at least 12 mos, pay at least 85% of wages/beneftis
- Alternative work: meet ees work restrictions, last at least 12 mos, pay at least 85% and be a reasonable commuting distance
ee must accept or reject offer within 30 days
WCAB
Workers’ Compensation Appeals Board
7 members appointed by the Governor and confirmed by the Senate
Has power to grant reconsideration any time within 60 days after filing of a final decision
must act on a petition within 60 days
Which notice must be posted regarding Workers Comp
Notice to Employees
failure to post is a misdemeanor
penalty up to $7k
If an eer thinks a WC claim is not valid, where should they report their opinion to?
Workers’ Compensation claims administrator
report to the California Department of Insurance for investigation
A special unit within the Division of Workers’ Compensation that may pay benefits to injured workers who get hurt or ill while working for an illegally uninsured eer
The Uninsured Employer’s Benefit Trust Fund (UEBTF)
What is DOSH?
The California Division of Occupational Safety and Health aka Cal/OSHA
a division of the DIR
DOSH sets the standards for workplace safety
Which Cal/OSHA safety orders are most eers covered by?
General Industry Safety Orders (GISO)
Which state agency offers a planning model for eers to use for their own Emergency Action Plans?
California’s Governor’s Office of Emergency Services (OES)
It is the lead state agency for emergency management in CA
Which 4 phases of emergency management is the OES model based on:
Four phases of emergency management:
1. Preparedness
2. Response
3. Recovery
4. Mitigation
Which Cal/OSHA pgm identifies certain high-hazard industries with the highest incidence of preventable occupational injuries and WC costs?
Targeted Inspection and Consultation Program (TICP)
What is an IIPP?
Injury and Illness Prevention Program
describes eers responsibilities in establishing, implementing, and maintaining an IIPP.
Outlines steps that can be taken to develop an effective pgm that helps assure the safety and health of ees on the job
every eer must have one and be in accord with the General Industry Safety Orders
5 steps of the Cal/OSHA recordkeeping system:
- record each fatality, injury, or illness
- Prepare an Injury and Illness Incident Report (Form 301) or a DLSR Form 5020
- Record injury/illness on Cal/OSHA Log of Occupational Work-Related Injuries and Illnesses Form 300
- Rvw annually, post Cal/OSHA Form 300A Summary of Work-Related Injuries and Illnesses no later than 2/1 through 4/30
Cal/OSHA Reporting Requirements
all fatalities and serious injuries and illnesses in CA must be reported by phone or online at the DOSH site no later than 8 hours after incident
report to Cal/OSHA when:
1. There is a 24-hour hospital stay other than under observation or diagnostic testing
2. an ee suffers a loss of member or dismemberment of body or
3. there is permanent disfigurement
When Form 301 is posted, Cal/OSHA requires the following information to be removed:
- ee name
- ee add
- ee dob
- ee doh
- gender
- name of dr
- location where treatment was provided
- if ee was treated in the ER
- if ee was hospitalized overnight
Eers that have establishments meeting which criteria are required to submit Form 300A annually ?
- 250+ ees
- 20-249 ees in specific industries listed in Appendix H of Cal/OSHA’s regs
deadline for submission is March 2nd
How long must exposure records be maintained?
30 years
How long do records of scheduled and periodic inspections that identify unsafe conditions and work practices need to be retained under Cal/OSHA?
at least 1 year
ees with fewer than 10 ees may elect to maintain inspection records until hazard is corrected
How long do Cal/OSHA training records need to be retained?
1 year
Cal/OSHA posting requirements
- Post the Safety and Health Protection on the Job Cal/OSHA poster
- post a list of emergency phone numbers
- eers using hazardous substances are required to post the Access to Medical and Exposure Records notice
- Whistleblower Protections notice in larger than size 14 font
- non smoking signs
How long is an eer required to post a Cal/OSHA citation?
until the violation has been corrected or for three working days, whichever is longer
Which service offers CA eers and ees answers to questions about the health effects of chemical and physical agents in the workplace?
The Hazard Evaluation System and Information Services (HESIS)
Steps of the Cal/OSHA investigation process
- Opening conference
- walk around
- exit conference
- closing conference
Which form do you complete to appeal a Cal/OSHA citation?
OSHAB Appeal Form 100 no later than 14 working days of the date citation issued
What documentation does an eer include with a Cal/OSHA citation appeal?
Supporting docs
Citation and Notification of Penalty
All citation items
Notice of Proposed Penalties
submit by mail or online
Which act requires a corporation or person who is a manager to inform the DOSH in writing of any serious concealed danger within 15 days of knowledge of the danger?
The Corporate Criminal Liability Act CCLA
Commonly referred to as the Ergonomics Standard
Repetitive Motion Injuries (RMI) Standard
To minimize RMI’s every employer shall establish and implement a program that includes what?
a worksite evaluation
control of exposures that have caused RMI’s
ee training
what are ergonomic injuries of the musculoskeletal and nervous systems that may be caused by repetitive tasks, forceful exertions, vibrations, or sustained awkward positions?
Cumulative Trauma Disorders (CTDs)
Which type of eers does the California’s Drug-Free Workplace Act apply to?
eers who are awarded contracts or grants from any state agency
Which act prohibits the use of cell phones by a driver while operating a motor vehicle unless hands-free?
The Wireless Telephone Automobile Safety Act
What four steps are CA eers required to take to prevent potential heat illness?
- Train ees and supervisors
- provide 1 qt of fresh, cool water per hour
- provide access to shade when temp over 80 and encourage cool-down rest for at least five min
- written procedures for complying with Cal/OSHA Heat Illness Prevention Standard
What additional protections are eers rqd to provide when temps exceed 95?
- ensure effective communication on the worksite to alert of any issues
- observe ees for alertness and signs of heat illness
- designate ee as authorized to call for emergency svcs
- remind ees to drink water
- pre-shift meetings to rvw high heat procedures
- for ees in agriculture: 10 min coll-down break every 2 hours or as needed
Industries:
agriculture
construction
landscaping
oil and gas extraction
transportation or delivery
AB 203 Valley Fever
Requires that construction eers with ees working at sites in areas where valley fever is high (20/100,000 per year) in activities that disturb the soil must provide training.
Haz-Com Standard
all hazardous materials are required to have:
pictograms
a signal word
hazard and precautionary stmts
product identifier
supplier ID
Prop 65
Safe Drinking Water and Toxic Enforcement Initiative
prohibits business from discharging toxic chemicals into sources of drinking water and requires businesses to give a clear warning re chemicals listed by the stat as causing cancer or reproductive harm
applies to bus with 10+ ees
Prop 65 penalties
designated public officials or private citizens can enforce
civil penalties up to $2500 per day per violation
as an incentive, the person who reports violation is entitled to 25% of the penalty collected
California Asbestos Notification Act
written notice must be provided within 15 days of receiving info on presence of asbestos
another notice must be given if eer obtains now info within 90 days of the first notification letter
How often are eers required to notify ees of the presence of asbestos, level, and location?
annually
new ees must rcv within 15 days of hire
failure to comply $1k or a year in jail or both
Temporary Amusement Rides Safety Inspection Program
administered by the Division’s Amusement Ride and Tramway (ART) unit.
Every year owners of temp amusement rides are required to submit an application for a permit to operate by 3/1
if operating before 3/1 then the app must be submitted 10 days prior to operating
Cal/OSHA Workplace Violence Prevention and Response Plan
require that certain types of hospitals, adopt workplace violence prevention plans as part of the IIPP
- Facilities that must comply:
- Health
- home health care and home based hospice
- emergency med services, med transport
- drug treatment programs
- outpatient medical svcs to the incarcerated
Workplace Violence Prevention and Response
Types of threats
Type 1: threats or assaults resulting in injury or fatality during the commission of a robbery or other crime
Type 2: acts of violence committed by someone who rcvs an object/svc
Type 3: workplace violence caused by an individual who has some employment-related involvement with the workplace
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Child Labor Laws
- Crime Victims Leave
- Disability insurance
- domestic violence, sex assault…
- EE safety
- Healthy workplaces, healthy families act
- human trafficking awareness training
- immigration reform and control act
- jury duty/witness time off
- meal and rest breaks
- new ee reporting
- School appearance leave
- Time off to vote
- unemployment insurance
- volunteer emergency duty leave
- wage theft prevention act
- workers comp
- worplace violence prevention
- fair employment and hosing act
- fair pay act
- independent contractors
- injury and illness prevention pgm
- lactation accommodation
- PFL
- Wage and Hour laws
- Prior Salary Ban
- Privacy
- Smoking in the workplace
- military leave (USERRA)
1
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Cal-COBRA
2-19
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
Discrimination and Foreign Workers
Prohibits discrimination against any individual who is an authorized ee on the basis of national origin or citizenship status
4
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Anti-Harassment Training
- Ban the Box
- Cal Savers
- Discrimination Laws
- CA Family Rights Act (CFRA)
5
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Cal-OSHA Reporting
requires eers to complete specific forms regarding workplace injuries and ilnesses
11+
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Americans with Disabilities Act
- Discrimination Laws (Federal)
- Organ and Bone Marrow Donation
15
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Civil Air Patrol Leave
Provides time off for ees to engage in Civil Air Patrol duty
16
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- COBRA
20
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Alcohol or Drug Rehabilitation
- Illiteracy Accommodation
- Military Spouse Leave
- School Activities Leave
25
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
- Affirmative Action Program
- FMLA
- Patient Protection and Accordable Care Act
- Volunteer Civil Svc Training
50
Posting and Notice Requirements: These regulations are applicable when an eer has how many ees?
Equal Employment Opp Reporting
100
Crime Victim’s Leave
Available to ees that need victims leave for judicial proceedings related to specified serious crimes or leave for any proceeeding involving civtims rights
1 ee
Disability Insurance
EDD program funded through ee payroll deductions
1 ee
Immigration Reform and Control Act
Requires utlizing Form I-9 to prove ees identity and work eligibility
1 ee
Healthy Workplaces, Helathy Families Act
Paid sick time available for CA ees
1 ee
Human Trafficking Awareness Training
Training required for hotel ees
1 ee
School Appearance Leave
available for parents/guardians who need to appear on their child’s behalf in connection with disciplinary action
1 ee
Volunteer Emergency Duty Leave
Available for firefighters and emergency personnel to take time off for emergency purposes
1 ee
Wage Theft Prevention
Requires all eers to provide each ee with a written notice containing specified information at the time of hire
1 ee
Workplace Violence Prevention
Requires hospitals and other specified health care eers to adopt a worplace violence prevention plan
1 ee
Fair Employment and Houseing Act
Prohibits harassment based on any state or federally protected statuses
1 ee
Fair Pay Act
Prohibits wage discrimination based on gender, race, or ethnicity
1 ee
Injury and Illness Prevention Program (IIPP)
required as a general plan to keep the workforce free from work-related inuries and illnesses
1 ee
Paid Family Leave
Wage replacement program for ees caring for ill family members or baby bonding
1 ee
Anti-Harassment Training
Requires Ca eers to provide sexual harassment prevention training to all ees
5 ees
Ban the Box
Prohibits eers from asking applicants about or using criminal history to make hiring decisions until after a conditional offer has been made
public and private sector eer with 5 ees
Cal Savers
Requires eers to enroll in the State’s Cal Savers pgm or an applicable retirement savings account
5 ees
California Family Rights Act
Provides medical leaves of absence for an eer or their qualified family members
5 ees
School Activities Leave
Requires eers to provide time off to parents’guardians to attend school activities and conferences
25 ees
Affirmative Action Program
Requires govt contractors and subcontractors to develop written plans on attracting and employing diverse labor forces
50 ees
Family and Medical Leave Act (FMLA)
Provides medical leaves of absence for an ee or their qualified family members
50 ees for 20+ weeks p/t, f/t, leaves of absence all counted
all public eers in CA are covered by FMLA and CFRA regardless of size
all private elementary and secondary schools are covered by FMLA regardless of size
Patient Protection and Affordable Care Act
Requires eers to offer health care benefits to their full-time ees
50 ees
Volunteer Civil Service Training
Provides time off for ees to receive firefighting or emergency services training
50 ees
Worker Adjustment and Retraining Notification Act Cal (WARN)
Requires eers to provid enotices to ees affected by mass layoffs or plant closures
75 ees
Translation Requirements: eers must translate the following policies into any language spoken by at least 10% of their workforce
Required:
- Policy Against Harassment, Discrimination and Retaliation (including Investivation and complaint procedures)
- FMLA policies
- Reasonable Accommodation for EEs disabled by pregnancy, pregnancy disability leave or transfer
Recommended:
- employment at-will
- meal and rest breaks
- reasonable accommodation for persons with disabilities
- arbitration agreements
- confidentiality agreements
- severance agreements
Which Act prohibits eers with more than 5 ees to limit the use of languages other than English in the workplace, except where the eer can prove a business necessity for it?
The Fair Employment and Housing Act
Board of Director Requirements
AB 826
requires a domestic general corporation (or foreign with principle offices in CA) to have a min of:
2 female directors if there are 5 directors
3 female directors if there are 6+ directors
The California Consumer Privacy Act (CCPA) applies to any business, including any for-profit entity that collects consumers’ personal data, which does business in CA and satisfies at least one of the following thresholds:
- annual gross revenues over $25m
- buys, receives, or sells the personal information of 50k+ consumers or households, or
- earns more than half of its annual rev from selling consumers’ personal info
How did AB 25 amend the CCPA?
granted consumer’s right to know, access, and the ability to request deletion of their data. It also clarifies that those rights apply to ees, contractors, emergency contacts, and dependent/spouses of ees
What is the California Fair Pay Act?
- prohibits eers from restriciting ees from discussing their wages and the wages of their coworkers
- doesn’t allow prior salary history to be a basis for current pay offer
Prohibits wage discrimination based on gender, race, ethnicity
What is the California Security Breach Information Act?
requires any person, agency, or organization doing business in Ca to notify any affected persons of a data breach
Re. the California Security Breach Information Act: What does the law define a s personal information?
First name or first initial and last name when used in combination with:
- ssn
- driver licnes number or ca id number
- account number, credit, debit card number when used with any passcode, password, or access code that would allow an individual access to these accounts
Re. California Security Breach Information Act: organizations with breaches affecting more than ____________ california residents must submie a copy of the notification ot the Attorney General.
500
Proprietary Information and Invention Agreements are legal in CA as long as they don’t contain what?
Non-compete lagnuage or other terms that are unenforceable in CA and that interfere with a company’s ability to recruit top talent
What is a Proprietary Information and Invention Agreement?
When an ee assigns to the organization all rights the ee has to inventions and ideas generated through the employment with the organization
The Unifrom Trade Secrets Act (UTSA) protects certain trade secrets (formulas, devices, methods, techniques, or processes). Ca courts have defined trade secrets as:
information which is valuable because it is unknown to others, and the owner has attempted to keep it secret. Protected for 3 years
Which trade secrets does the UTSA apply to?
customer lists
markeing information
inventions
software
formulas
recipes
non-public information
California Transparency in Supply Chains Act requires retailiers and manufacturing companies with ww rev of $100m to report on their actions to eradicate slavery and human trafficing in their supply chains. Companies must disclose what on their websites?
A company must disclose to what extent it:
1. engages in verification of product supply chains to evaluate and address risks of human trafficikng and slavery
2. audits suppliers
3. suppliers must cerfity that materials aren’t a prodcut of slavery and human trafficking
4. has accountability standars for those that don’t meet law
5. ee and managment training
Which act allows an ee to sue if they are mistreated or not compensated properly?
Private Attorney General Act (PAGA)
EE Count for Required Posters and Notices:
F Summary of Occupational Injuries and Illnesses OSHA
11
What are the 3 main components of PAGA?
- 75% penalties collected go to the Labor and Workforce Development Agency (LWDA), 25% goes to the ee
- ee suing entitled to atty fees
- one year statute of limitations
What are the three categores of claims under PAGA?
- Category 1: violations of Labor Code provisions under code section 2699.5. Contains most vilations in wage and hour labor laws
- Category 2: Health and Safety Violations
- Category 3: all other Labor Code violations
PAGA Penalties
Most PAGA violations have specified penalties. In cases where one is not set it is:
* $100/ee per pay period for an intiial violation
* $200/ee per pay period for each addtl violation
EE count for required posters/notices:
- F/S min wage order DOL/IWC
- S California Wage Order IWC
- S Healthy Workplaces Healthy Familes Act DLSE
- S Payday notice DLSE
- S Safety and Health Protection on the Job DOSH
- S Emergency Phone Number DOSH
- S Notice to EEs-Injuries Caused by Work DWC
- S Whistelblower Protection DLSE
- S No smoking DIR
- S California Law Prohibits Workplace Harassment or Discrimination DFEH
- S Notice to ees - UI, SDI, PFL EDD
- F EE Polygraph Protection DOL
- S Time off to Vote SOS
- F. Your Rights Under USERRA DOL
- S Workplace Rights for Members of the Military and Veterans DFEH
- Inspection by Immigration
1
EE Count for Required Posters and Notices:
- S Transgender Rights in the Workplace DFEH
- S Your Rights and Obligations as a Pregnant EE DFEH
- S Employment Discrimination Based on Disability DFEH
- S Family Care and Medical Leave and Pregnancy Disability Leave DFEH
5
EE Count for Required Posters and Notices:
F Equal Employment Opportunity is the Law EEOC
15
EE Count for Required Posters and Notices:
F Family and Medical Leave Act DOL
50
Misc Posters:
S Access to Medical Records OSHA
Required for eers using hazardous/toxic substances.
Misc Posters:
F Prevailing Wage Rate Determinations DOL
Any contract for public work shall post a copy of the prevailing wage determination for each craft, classification, or type of worker needed
Misc POsters:
F Beck Poster NLRB
Informs non-union ees who are required by a union contract to pay dues that they may refuse to pay dues that do not support collective bargaining, contract administration, or grievance adjustment.
Misc Posters
F Walh-Healey Act DOL
Workers on certain prjects must be paid not less than the prevailing min wage. Organizations employing individuals with disabilities under special min wage certificates authorized by the FLSA, McNamara-O’Hara Service Contract Act, and/or the Walsh Healy Public Contracts Act shall also display a separate poster.
Misc Posters:
F Davis-Bacon Act DOL
Federal law that established prevailing wages on public works projects. Every employer performing work covered by the act (federal or federally financed construction projcts)
Misc Posters:
F e-Verify USCIS
Required for eers who use e-verify
Misc POsters:
F Right to Work DOJ
required for eers who use e-verify.
Misc Posters:
S Certificate of Consent to Self-Insure DIR
Required for all Workers’ Comp Self -Insured EERS
Misc Posters:
S Human Trafficking OAG
Required for on-sale genral public licensees under the Alcoholic Beverage Control Act, adult or sexually oriented businesses, primary airports, intercity passegner or light rail stations, bus stations, truck stops ERs, urgent cares, farm labor contractors, privately owned job recruitment centers, roadside rest areas, bueinesses that offer massage or bodywork.
Misc Posters:
S Licensed Farm Labor Contractors DLSE
Licensed farm labor contractors must display pay rates where work is performed and on all vehicles used by the licensee for trasnportation of ees
Misc Poster:
S Industrial Trucks DIR
Required for operating forklifts, industrial trucs and tow tractors, and agriculture or industrial tow tractors
What poster advises ees of their paid sick leave rights?
Healthy Workplaces Healthy Families Act
What poster explains that ees have the right to know the time and place of payment of their wages?
Payday Notice
Which poster explains the basic requirements and procedures for compliance with the states job safety and health laws /regulations
Safety and Health Protection on the Job
Which poster advises ees that they may be entitled to Workers’ Comp benefits if they are injured or become ill because of their job?
Notice to Emplyees-Injuries Caused by Work
Which poster informs ees that they are protected from retaliation by their eer for reporting to a government or law enformcement agency any information that the ee reasonabley beliveves discloses a violation or noncompliance with federal or state law or gegulation, or an unsafe working condition or practice?
Whistleblower Protection
size 14 font
civil penalty up to $10k per violation
Which poster educates ees about their rights and obligations to prevent harassment at work?
California Law Prohibits Workplace harassment or discrimination
Which notice includes information on UI, SDI, PFL
Notice to Employees- UI, SDI, PFL
Which poster is required at least 10 days prior to a state election that explains ee rights to take time off to vote?
Time Off to Vote
Which poster provides information to ees about rights for individuals called into military duty?
Your Rights Under USERRA
Which poster is required within 72 hours after receiving a notice of inspection of I-9 Employment?
Inspection by Immigration
Which poster provides education regarding transgender, gender identity, gender expression and gender transition?
Transgender Rights in the Wrokplace
Which joint notice regarding CFRA and PDL must be posted with eers who have 5+ ees and all public agencies?
Family Care & Medical Leave & Pregnancy Disability Leave
Form 300A is the annual summary form of workplace injuries and must be posted from 2/1-4/30 of the year following the year covered by the form. What is the name of the form that must be posted?
Summary of Occupational Injuries and Illness
Which poster explains the rights and obligations regarding discrimination in employment and includes the Americans with Disabilities Act poster?
Equal Employment Opportunity is the Law
15+ ees
What documentation must be provided once an employment relationship ends?
- For Your Benefit Pamphlet
- Notice to Empllyee as to Change in Relationship
- New Health Insurance Marketplace Coverage Options and Your Health Coverage
- Cal-COBRA , HIPPAA 2-19 ees
- Notice to Terminating Employees: Health Insurance Premium Payment (HIPP) Programs
- 401(k) Plan Information
What pamphlet must employers provide upon termination that provides information on Unemployment Insurance, Disability Insurance, PFL, and Job Service benefits?
For Your Benefit Pamphlet
What notice must be provided immediately to ees of their discharge, layoff, leave of absence, or change in employment status?
Notice to Employee as to Change in Relationship
Which form must eers provide upon termination regardless of whether or not health insurance is provided that confirms a change in status for a qualifying event so former ees can purchase health insurance?
New Health Insurance Marketplace Coverage Options and Your Health Coverage
What form must be provided to terminated ees about their right to continue health insurance coverage after a qualifying event occurs that also includes HIPAA Information?
Cal-COBRA & COBRA, HIPAA
a notice for terminated employees that explains the state program that pays COBRA payments under certain circumstances?
Notice to Terminating Employees: Health Insurance Premium Payment (HIPP) Programs
Notice for terminated ees who have a 401(k) that includes withdrawal and rollover information
401(k) Plan Information
Employers should follow a simple formula of keeping all records for a period of the employment duration plus four years, except for three items:
- Job injuries causing loss of work time= 5years
- Pension & Welfare Plans = 6 years
- Safety & Toxic Chemical Exposure = 30 years
How many days to eers have to provide requested ee records to ees?
30 calendar days
Which types of documents can be excluded form an employees request to review personnel files?
- records relating to the investigation of a possible criminal offense
- letters of reference
- ratings or reports or records that were obtained prior to the ees employment
- records obtained in connection with a promotional exam
How many times is an ee entitled to a records request?
1x per year
eers can also limit the number of requests to 50 per month
How many days does an eer have to produce payroll records to an ee?
21 calendar days after request was made
Which department is the ultimate governing body for ee and labor relations?
DFEH Department of Fair Employment and Housing
What is the primary mission of the DFEH?
to protect Californians from employment, housing, and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the country
The DFEH has jurisdiction over which types of entities?
private, public, and all state and local governments
Which act prohibits harassment and discrimination in employment based on all federally protected statuses, as well as
- race, color
- ancestry, national origin
- religion, creed
- age
- disability, mental and physical
- sex, gender
- sexual orientation
- gender identity, gender expression
- medical condition
- genetic info
- marital status,
- military and veteran status
- denial of medical and family care leave
- retaliation for protesting illegal discrimination related to one of these categories
- reporting patient abuse in tax-supported institutions
Fair Employment and Housing Act (FEHA)
According to the FEHA, an employer is:
anyone who employs, or has employed, 5+ ees in 20+ calendar weeks within the calendar year preceding an alleged violation. Includes all public sector peers, regardless of ee count.
Also, eers outside of CA that have 5+ ees with at least one in CA are covered
with regards to harassment only, an eer is any org that regularly employs 1+ ee or regularly receives services of 1+ independent contractors
A person claiming unlawful discrimination must do what?
- state prima facie case that indicates discrimination showing they are a member of a protected class
- show that the eers decision adversely impacted their employment
- Provide evidence that the person was treated differently than others not in a protected category
- show that there is a link between the different treatments and the protected category
What is disparate treatment?
refers to when a person is treated differently from others. The different treatment is based on one or more of the protected factors and is intentional
What is disparate Impact (or Adverse Impact)?
employment practices or procedures result in unintentional discrimination as applied to a protected group rather than an individual
Which act prohibits inquiring on a written job application if an applicant has ever been arrested?
FEHA’s ban the box
Under which act can supervisors be held personally liable for harassment but not for discrimination or retaliation?
FEHA
All employers with _______ ees are required to have an anti-harassment policy?
5+
What are the anti-harassment training requirements for employees?
eers with 5+ ees only
Supervisors: 2 hours every 2 years or within 6 mos f hire/promotion
all other ees: 1 hour every 2 years or within 6 mos of hire
If an ee or applicant believes they’ve been sexually harassed where should they file their complaint?
With the DFEH within 3 years
hate crimes, threats and intimidation 1 year
What is the interactive process?
when an ee needs a reasonable accommodation the eer should initiate the interactive process which is an individualized assessment of 1. the job requirements and 2. the specific limitations of the individual that are directly related to the need for accommodation
SB 396 Antidiscrimination: gender identity, expression, sexual orientation
requires eers with 5+ ees to post notice regarding transgender rights and requires eers to provide training
Which act makes it illegal to harass or discriminate against a person because of their religion?
The FEHA
What does SB 188 aka the Crown Act, prohibit?
discrimination on the basis of natural hair
When can an eer discriminate against a person because of their disability?
if the eer can demonstrate that:
- the person is unable to perform the essential job functions and no reasonable accommodation exists
- the person would create an imminent and substantial danger to themself or others and no reasonable accommodation can be made to remove or reduce the danger
Ees covered by which act are afforded the right to strike for economic or unfair labor practice reasons?
National Labor Relations Act NLRA
Which act gives local public ees the right to unionize?
Meyers-Milias-Brown Act
California Labor Code sections 1101 and 1102 do what?
Politics
prevent private eers from controlling or restricting ees from participating in political actions or activities
How long does the DFEH have to complete an investigation and file a complaint in civil court when an ee complaint is filed?
up to one year
What must individuals obtain prior to filing a lawsuit under FEHA?
The DFEH requires individuals to exhaust their admin remedies by filing a complaint and obtaining a right to sue notice
According to the Fair Pay Act, eers can pay different wages in the following scenarios:
- seniority system
- merit system
- a system measuring earning by quantity or quality of production
- a differential based on any bona fide factor other than sex, such as education, training, or experience
under the Immigrant Worker Protection Act AB 450, eers can no longer voluntarily consent to an ICE agent:
- entering any nonpublic areas of a worksite if the agent doesn’t have a warrant and/or 2. accessing, reviewing, or obtaining the eers ee records without a subpoena or warrant, with the exception of I9 forms and other docs for which Notice of Inspection has been provided
What are the timeframes individuals have to file claims related to nonpayment of wages, or retaliation which can include termination?
One Year: for bounced checks or failing to provide access to payroll or personnel records
Two years: for a violation of an oral promise to pay more than min wage
Three years: for violations of min wage, OT, unpaid rest and meal breaks, sick leaves, illegal deductions from pay or unpaid reimbursements
Four Years: for a violation of a written contract
A claim submitted with the Labor Commissioner follows which five basic steps?
- notice of claim
- preparing for the settlement conference
- settlement conference
- hearing
- potential appeal
EDD notices eers may receive
- Notice of Unemployment Insurance Claim Filed (eers respond within 10 days)
- Notice of Determination/Ruling (appeals within 30 days)
- Notice of Wages Used for Unemployment Insurance Claim (respond within 15 days) tells eers how much will be charged to their unemployment account
- New EE Registry (eers respond within 10 days)
- Benefit Audit (eers respond within 10 days)
- Request for Additional Informaiton: (respond within 10 days)
If an individual feels they were harassed or discriminated against who do they contact?
DFEH
must be filed within 3 years
eer must respond within 30 days
If you terminate an ee who has been out on a medical leave for a long time and doesn’t appear to return you can be sued for what?
- disability discrimination
- failure to provide a reasonable accommodation
- failure to undertake the interactive process of accommodation
- failure to prevent discrimination
- wrongful termination in violation of public policy
What are the exceptions to employment at will?
- public sector ees who are protected by civil service laws
- ees represented by unions and covered by a collective bargaining agreement
- ees who have written employment contracts requiring good cause of r termination
- ees whose eers have said or done things that overcome the presumption of employment at will
Is California a right-to-work state?
No, it is an employment at will state
When is random drug testing lawful in CA?
ees who are covered by the US Dept of Transportations drug testing regulations or who work in safety-sensitive positions
Dynamex Test/ ABC Test for independent contractors: a worker is presumed to be an ee under the Wage Orders unless all of the following apply:
- worker is free from control and direction
- worker performs work that is different
- engaged in an independently established trade/occupation that is similar to the work being performed by the hiring entity
eers can’t have ees and contractors performing the same work
If the ABC test doesn’t apply, which test is used?
Borello Test (manner and means test)
Which types of professions are exempt from the ABC test and must use the Borello Test?
- Insurance /financial svcs industries: licensed insurance agents/brokers, underwriter inspections, premium audits, risk mgmt, loss control
- licensed physicians, surgeons, dentists, podiatrists, psychologists, veterinarians
- licensed lawyers, architects, landscape architects, engineers, private investigators, accountants
- direct salespersons
- manufactured housing salespersons
- commercial fishermen
- competition judges like umpires and referees for amateur sports
Which type of professional services are exempt from the ABC test and use Borello test?
- marketing consultants
- HR consultants
- Travel agents
- graphic designers
- grant writers
- fine artists
- IRS agents
- payment processing agents through independent sales orgs
Which professional services are covered by the Borello test where work is performed under a written contract that specifies the rate of pay and obligation to ay by a defined time:
- still photographers, photojournalists, videographers, photo editors
- Freelance writers, editors, copy editors, translators, illustrators, newspaper cartoonists
- freelance content contributors, advisors, producers, narrators, cartoprapher
Licensed estheticians, electrologists, manicurists, barbers, and cosmetologists are subject to the Borello test as long as:
- They set their own rates, process their own payments, and are paid directly by their clients
- set their own hours and have sole discretion to decide the number of clients and which clients for whom they will perform services
- have their own book of business and schedule their own appointments
- maintain their own business license
- issue a Form 1099 to the business owner to which they rent their business space
Other professions subject to the Borello test:
- performers teaching a master class of one week or less
- real estate appraisers
- registered professional foresters
A provider of professional services is covered by the Borello test when all of the following apply:
- person has a bus location
- if required, has a bus license
- sets or negotiates rates
- sets own hours
- performs same type of work for other hiring entities
- person exercises discretion and independent judgement in the performance of the services
Gig Economy workers: app-based rideshare and delivery drivers may be classified as independent contractors where:
Drivers can
- select their own dates, times, hours of work
- free to reject assignments
- perform services for other companies
- not restricted from performing any other kind of work
Requirements of the Gig Economy Worker law
- minimum earning guarantee of at least 120% of min wage
- healthcare subsidies for those driving 15 hours/ week or more
- expense reimbursements of 30 cents per mile
- insurance to cover on the job injuries
Penalty for misclassifying a worker as an independent contractor
$5k-$15k for each violation
$10k-$25k for a pattern of violations
How long should applications of candidates who weren’t hired be retained for?
at least 2 years
re ban the box
once a conditional offer of employment has been extended, the applicant may be asked to disclose prior criminal convictions, except the following:
- arrests that didn’t result in conviction
- expunged, sealed, or dismissed convictions
- referral to a pre-trial or post-trial diversion program
- misdemeanor marijuana possession convictions 2+ years old
- convictions by juvenile courts
which types of arrests are eers allowed to ask candidates about?
arrests where the applicant is out on bail or released on personal recognizance pending trial
If you decide not to hire an applicant based on their criminal convictions, what must you do?
- notify applicant in writing and include the convictions and records
- allow applicant to submit evidence about the accuracy of the conviction or offer evidence of rehabilitation or mitigating circumstances
- 5 bus days to respond
- if applicant is disputing they get an additional 5 days to respond
- If you still don’t want to hire, then inform applicant in writing, include any appeal options, and the ability to contact the DFEH
Under the FEHA eers must:
- provide applicant with notice of conviction
- an opportunity to show the conviction information is factually inaccurate
If the applicant is in an FEHA protected category you must also show the conviction is job related and rejection is bus necessity and must consider the following:
- nature and gravity of offense
- time that has passed
3 nature of the job
What is the difference between ban the box law and the FEHC regulations that address job applicant criminal history?
Ban the box law imposes a PROCESS requirement for criminal background inquiries and how criminal conviction information must be handled
FEHC regulations impose a CONTENT rqmt that if challenged, eer can prove the criminal conviction is job related and that rejection of an applicant with such a conviction is a bus necessity when the applicant is in a protected class
Can eers review Megans List to determine if job applicants or ees appear on it?
Nope
When must eers provide salary hourly wage range to applicants?
after applicant has completed an initial interview
Pre-employment testing for aptitude, honesty, or personality tests are generally lawful but with the following qualifications:
- tests cant’ detect medical/mental disorders
- tests that measure aptitude are validated and measures a skill that is required to perform the job
- can’t be required to pay for test
California Law prohibits private-sector eers from requiring a polygraph test as a condition of employment or continued employment. Before a private sector eer may request one, what must they provide?
a written request stating that the person is not required to take the test.
What is the federal Employee Polygraph Protection Act EPPA?
prohibits eers from requiring or requesting an applicant to take a polygraph, except for applicants for positions with armored car, guard and alarm companies, and pharmaceutical manufacturers and distributors
Is pre employment drug testing before or after an offer of employment legal in CA?
Yes
Which positions can eers obtain a credit report for applicant?
- managers who are exempt from OT
- sworn law enforcement
- when required by law
- require regular access to bank/credit card info, ssn, and dob
- when ee is a signatory
- access to trade secrets
- regular access to cash totaling $10k+
When a consumer credit report is obtained by an eer, which Acts must be filled?
federal Fair Credit Reporting Act FCRA
California’s Investigative Consumer Reporting Agencies Act ICRAA
With respect to FCRA and ICRAA, what steps must be followed when a consumer report is obtained?
- provide a written disclosure prior to obtaining the report
- obtain a signed auth
- certify to the reporting agency that all rqd disclosures were made, auth obtained, and information provided will be used lawfully
- if candidate requests a copy, send a free one within 3 days. If they didn’t rqst a copy and it contains neg info, b4 taking adverse action give candidate a copy, a statement of rights under FCRA, and a notice of your intent to take adverse action. Provide applicant with enough time to challenge.
- after a reasonable amount of time to dispute has elapsed, provide candidate with a notice for taking adverse action.
What may an eer say during a reference check?
Aside from position held, date of hire
- if they would rehire ee, and if no
- if it is because of sexual harassment
a candidate cant sue a former eer for defamation for providing truthful information during a reference check
Once a conditional employment offer has been made, eers can require pre employment medical or mental exams as long as:
- the exam is related to the job and consistent with bus necessity
- all new hires in the same job classification are required to undergo same exam
a conditional job offer can only be withdrawn if results show candidate can’t perform essential job functions
Onboarding docs
- W4
- EDD EES withholding allowance cert
- EDD state disability insurance pamphlet
- EDD PFL pamphlet
- Department of Fair Employment and Housing sexual harassment information pamphlet
- Workers comp information pamphlet
- NOtice of consolidated omnibus budget reconciliation act (COBRA) rights
- Notice of rights of victims of domestic violence, sexual assault, and stalking (25+ ees)
e-Verfiy is mandatory for which types of eers and voluntary for others?
Mandatory for federal contractors and subcontractors
How long must form I9 be retained?
as long as the ee is employed, and then 3 years from date of hire or one year from date of termination, whichever is longer.
Wage Theft Prevention: when info on notice changes when must ees be notified?
7 days
if the change is reflected on another doc like a paychecks tub etc a separate notice isn’t required.
EES exempt from OT and ees in a collective bargaining agreement that specifies 1. wages, hours, and working conditions, 2. provides an OT premium, 3. provides a regular hourly wage of at least 30 % over state min wage don’t need to be notified
Commission-based ees should be given a written agmt upon hire that addresses what info?
- how comm is computed
- when comm is earned
- if there’s a draw, will it be applied to future comm
- will chargebacks for returned items be applied against future comm?
which comm will ee be entitled upon termination
Who enforces Wage Orders?
DLSE
Which types of ees are not covered by Wage Orders?
most state, county, municipal, govt ees. These ees fall under the FLSA
also ees of public school districts, except for the min wage provisions
How will min wage adjust?
it will increase every year on January 1st by the greater of 3.5% or the percentage increase in the consumer price index. If the CPI is negative there will be no increase
What are the exceptions to min wage?
- salaried exempt ees
- outside salespersons
- parent, child, spouse of eer
- ees subject to approved deductions for meals and lodging
- physically/mentally disabled
- apprentices indentured under the California Div of Apprenticeship Standards
- Learners
Prevailing Wage
must be paid on all public works projects financed by the state
is the basic hourly rate paid on public works projects to the majority of works in that craft
all bidders required to use same wage rates when bidding on a public works project
The DIR issues prevailing wage determinations
How must piece-rate ees be paid?
a separate wage for non productive working time plus piece rate
or be paid an hourly rate for all hours worked plus incentive for productivity
must also be paid for their rest breaks
Travel Time Pay for non exempt ees
paid for all travel time beyond normal commute
may be paid a lower hourly rate for travel time
Commuting Time for non exempt ees is paid when:
When ee uses company provided vehicle with restrictions of its use (ie no cell phone, passengers, personal errands)
when rqd to travel to a different worksite temporarily or rqd to use eers vehicle
additional time beyond normal commute
travel time between home and first assignment
Reporting Time Pay
If an ee is pre-scheduled to come to work on a regular day off how much time should they be paid?
ex. employee comes to office on day off for a scheduled 1 hour meeting. The meeting lasts 30 min.
paid for at least half the scheduled time or actual time worked, whichever is greater.
ex. the ee only needs to be paid for 30 min since the meeting was pre scheduled
Reporting Time Pay
ees scheduled for “on-call” or “call-in” shifts where they must call in at a specific time to see if they need to work
must be paid reporting time pay if told not to come in.
Split Shift Premium
ees who work a split shift must be paid a split shift premium of at least one hour at minimum wage unless they receive more than min wage and the amount can be offset
ex. ee who makes $20/hour would make $160 in a day and if they made min wage it would be $135/ day with the one extra hour of split shift pay. So this ee wouldn’t need a split shift premium
Is it lawful to round an ees time entries to the nearest 10th or quarter of an hour?
Yes, as long as it doesn’t result in a failure to compensate ees for actual time worked
Is it lawful to round meal periods?
No, meal periods must be actual time taken
Which employees may be required to provide and maintain their own tools?
ees who are paid 2x min wage
When should tips be paid that were charged to a credit card?
No later than the next payday
Tip pooling
is lawful and ees can be required to participate so that bussers/bartenders, or those in the chain of service split the tips.
Managers, supervisors, kitchen staff, and other ees not involved in serving the customer can not participate
Are bonuses/incentives based on a percentage of the profit of the company or a department considered commission?
No
Is a commission agreement that provides for a forfeiture of commission upon termination enforceable?
No, the Labor Commissioner and CA courts view commission as earned when all the ees work to effect the sale is complete.
How can a nonexempt commissioned salesperson be compensated for rest periods and meal breaks?
by paying them a separate wage for their non-selling work time and paid rest breaks OR
be paid an hourly rate for all hours worked plus commission (with OT if applicable)
Will a draw on commission properly compensate a non exempt commissioned ee?
No, because it won’t compensate them for non selling time and rest breaks
How often do commissioned ees need to be paid?
as soon as reasonably calculable, or at least Twice per month
How often to commissioned ees need to be paid if they are in the auto/truck dealership industry?
1x per month
Should floating holidays be included in ee termination pay?
Yes, they are considered the same as vacation and are paid out at termination
For nonexempt ees, when should wages be paid that are earned between the 1st and 15th of the month?
between the 16th and 26th
For nonexempt ees, when should wages be paid that are earned between the 16th and EOM?
between the 1st-10th of the following month
Can ees be paid weekly or bi-weekly?
Yes, as long as they are paid no later than 7 calendar days following the end of a pay period.
How often must agricultural and domestic service workers who are boarded and lodged by the eer be paid?
1x/month
How often must ees of farm labor contractors be paid?
weekly
How often must employees of temporary service agencies be paid?
weekly
How often must day laborers and striker replacements provided by temp svc agencies be paid?
daily
Payroll debit cards may be used under which conditions?
- ee authorizes it
- no fee to use it at least once at a CA bank
- funds are immediately available
How long must sufficient funds to cover payroll remain in an eers account?
30 days
if a paycheck is not honored then waiting time penalties apply
Which types of deductions can eers make from wages?
- those required by law
- those authorized by the ee such as health ins. or 401(k) contributions
can a negative vacation balance be deducted from a final check?
nope
can the eer deduct overpayment of wages from a check?
no, only if the eer rcvs written consent
how much can an eer charge for processing a wage garnishment?
$1.50 per payment
What must wage statements include?
Gross wages
total hours worked
# of piece rate units
deductions
net wages
pay dates
ee name and last 4 of ssn
name and add of eer
hourly rate and # of hours worked
paid sick leave accrual
retain these records for at least 3 years, 4 is best
If an ee resigns without advance notice, when should they receive the final pay check?
within 72 hours
do not mail the final check unless ee authorizes it. Notify ee via phone, mail, email that check is ready to be picked up
If an ee provides at least 72 hours notice, when should they receive their final check?
on the last day of work
Final pay for deceased ees
if ee has a surviving spouse/domestic partner they may present the eer with an affidavit or declaration to rcv their final wages. Up to a max of $16,625
Wages due a deceased ee that are not claimed must be sent where?
state controller
What is the default workweek?
12 am Sunday to 11:59 pm Saturday
what is included in the “regular rate” of pay?
hourly pay
bonuses
commissions
piece rates
shift differentials
meal and lodging allowances
The regular rate of pay is calculated differently based upon whether the ees compensation includes what?
- Productivity bonuses, piece rates, or commissions
- flat sum bonuses
- salary
Calculating regular rate: Productivity bonuses, piece rates, or commissions
OT premium is 1/2 the regular rate for regular OT and full regular rate for double time
ie. look at pg 97 employment law book
Calculating the regular rate: Flat Sum Bonuses
To calculate the regular rate divide the bonus by the number of non OT hours and multiply by 1.5 and multiply again by the number of OT hours worked
pg 98 employment law book
Calculating the Regular Rate: Salary
divide the salary by 40 hours
Calculating regular rate: multiple pay rates
use the weighted average
total earnings received using all rates divided by total hours worked
to is paid at 1/2 regular rate because all hours worked are used above
Personal Attendants:
how many hours is OT when employed by a private eer?
over 45 hours in a week or 9 hours in a day
when employed by third party eer, over 40 hours is OT
A personal attendant may not spend more than _____ % of hours per week on household duties such as cooking and cleaning.
20%
OT for a live-in domestic worker
OT over 9 hours in a day for the first 5 days in a workweek and the first 9 hours on 6th and 7th day
double time over 9 hours on 6th and 7 th day
How many consecutive hours of duty free time must a live-in domestic worker have?
12
plus three hours free of duty during the 12 hour work time
Live in ees can’t work more than 5 days in a workweek without 24 hours off unless what occurs?
an emergency
What steps need to be taken if an eer wants to implement an alternative workweek?
- determine the work unit the alt workweek will apply to (exempt ees are not included in the vote)
- present a written proposal/agreement to ees that describes the alt workweek
- Provide a written disclosure to affected ees that includes: any impact on hours, wages, benefits, time and place of meetings.
meetings must be held 14 days prior to vote - secret ballot must be held on the worksite during regular working
What majority vote is required to adopt an alt workweek?
2/3 of the affected non exempt ees
When can a newly adopted workweek be implemented?
30 days
How long does the eer have to report the election results to the Office of Policy Research and Legislation of the CA DIR
30 days
If ees want to repeal an alt workweek, how many need to sign the petition?
1/3
How much time must elapse before a newly adopted alt workweek can be repealed?
12 mos
If an alt workweek is repealed, how long does the eer have to comply?
60 days
If an ee in an alt workweek is scheduled to work on a day off, how should the time be paid?
1.5x for first 8 hours
2x over 8 hours
What are the 4 exceptions that allows an eer to dock an exempt ees salary for time not worked?
- a newly hired or terminated ee who doesn’t work the full amount of time in the workweek
- Whole days can be unpaid if they are vacation, approved leave, religious holidays, or personal reasons
- Whole days can be deducted for sickness and accidents if the eer has a sick pay policy and no sick days remain
- Partial day absences can only be deducted when using FMLA OR CFRA
What are the white collar OT exemptions?
- be paid on a salary that is at least 2 x min wage
- primarily engaged in duties that meet the test for the exemption
- Discretion and independent judgement
what are the three types of professional exemptions recognized in CA?
licensed
learned
artistic
Licensed physicians can be paid hourly and keep the exemption if they are paid how much per hour?
$91.07
What must a computer professional be paid per hour to keep the exemption?
$53.08
there is no salary requirement and they can be paid OT if eer chooses to
Which type of salesperson is not covered under any provisions in the wage orders including OT and min wage?
Outside sales
Wage orders 4 and 7 provide an OT exemption for inside salespersons whose earnings exceed 1.5x min wage as long as what two criteria are met?
- in each workweek the ee must earn more than 1.5x min wage for all hours worked
- More than half the ees pay must be commission
What is a bona fide commission according to the Labor Commissioner
where commissions consistently exceed draws paid over a representative period of at least a month.
So if draws consistently equal or exceed commissions, then the draws will be viewed as fixed, non commission comp and the commission plan will not be deemed bona fide and OT will be due
Do meal and rest breaks need to be provided to an exempt inside salesperson?
Yes, the only exemption is for OT
Truck drivers whose hours are regulated by he US Dept of Transportation are exempt from what?
federal and state OT laws
Commercial buses designed to carry 16+ people are regulated by the CA hwy patrol. Drivers are exempt from CA OT laws but not from federal OT laws.
Which type of ees must be provided an uninterrupted unpaid 30 min meal break that begins before the end of their 5th our of work?
nonexempt ees, exempt computer professionals, exempt inside salespersons
How many hours can an ees shift last and be able to waive meal period?
no more than 6 hours
If an ee works for more than 10 hours in a day a second meal period must be provided no later than the _____hour of work
before the end of their 10thhour of work
the ee may waive this meal period if the don’t work over 12 and took their first break
What happens if an ee doesn’t receive a meal period?
They must receive one hour of pay at the regular rate for each day the meal period was not provided
Nonexempt ees and inside salesperson must receive a paid 10 min rest break per _____ hours worked
4
must be taken in the middle of four hours
If an ee works more than 3.5 hours but less than 6 hours, how many rest breaks must be provided?
1 10 min
If an ee works more than 6 hours and up to 10 hours, how many rest breaks are they entitled to?
2 10 min
If an ee works more than 10 hours up to 14 hours how many rest breaks are they entitled to?
3 10 min
What happens if an ee doesn’t receive their rest breaks?
They receive a missed rest break premium of one-hour at the regular rate per day.
Since commissioned-based ees must be paid for rest breaks, how many hours per week should they be paid for this?
1.67 hours as long as they don’t work more than 10 hours in a day
10x10/60
What is a paid cool-down rest break?
Lasts at least 5 min in the shade and taken whenever they feel the need to protect themselves from overheating. Are in addition to meal breaks and regular 10 min rest periods. Cool drinking water must be provided.
What temp does it need to be when eers need to provide shade to ees working outside?
over 80
At what temp are outside workers expected to take a preventive minimum net ten min cool-down rest period every two hours?
95+
If an ee isn’t provided their cool-down rest period what are they entitled to?
one hour of pay for each day it wasn’t provided
An ee is entitled to how many days of rest in 7?
1
eer may not cause an ee to work more than 6 days in 7. ee can choose to work though.
this rule doesn’t apply when ee works less than 30 hours or 6 hours per day
as long as an ee receives the equivalent of 1 day in 7 in a month that’s ok unless the ee requests to work more
How does the CCPA affect eers?
must disclose to applicants and ees the categories of personal information collected on them and the purposes for which they’ll be used
When an ee requests personnel files and needs to travel to a location to retrieve them should they be paid for their time to travel?
Yes
An eer may not use or disclose ee medical information without the ees written auth except for when?
- administering ee benefit plans
- administering medical leaves
- administering workers comp claims
- if compelled by a subpoena or order of the court
When an eer receives a Notice of Inspection of I-9 or other employment records, they must post a notice within 72 hours for ees containing what information?
- name of immigration agency
- the date the eer rcvd the notice
- the nature of the inspection if known
- a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms
How long does the eer have to provide a copy of the notice from the immigration agency providing the results if the ee is found to lack work auth or not have proper docs?
72 hours
eers that store names and ssn’s electronically are rqd to promptly notify affected ees of a data breach if:
- data was unencrypted
- data was encrypted but compromised
if the eer is the source of the breach it must offer ID theft protection and mitigation svs to those affected for at least one year if the breach exposed personal information
Is pre-employment drug testing legal in CA?
Yes
Is testing an ee for drugs or alcohol under reasonable suspicion legal?
Yes, if they appear impaired
Is drug testing for ees up for promotion legal in CA?
No
Is it legal to drug test ee post-accident?
Yes, as long as there is a reason to believe they were impaired
Is random drug testing lawful in CA?
Generally, no
except for ees covered in the US Dept of Transportation or ees engaged in work that poses a direct threat to safety of themselves or others at work
Are non-competes enforceable in CA?
No
Uniform Trade Secrets Act
It prohibits the use, misappropriation, or disclosure of trade secrets. Provides a lawful means for eers to protect their trade secrets.
What are the three types of employment discrimination?
- direct evidence of discrimination
- disparate treatment
- disparate impact
Harassment is unlawful under the following conditions:
- only if it is directed towards a protected class
- is severe or pervasive
- be unwelcome
- a reasonable person must find it offensive
What are the two types of sexual harassment?
- hostile environment
- quid pro quo
an ee can show they have a physical or mental disability that makes performing their job difficult and be qualified as disabled. What are 4 other ways an ee can qualify?
- a special education disability
- a record of history of disability
- a person is perceived as disabled
- being associated with another person who is disabled
Substance abusers
current drug users are not protected by anti-discrimination laws but former drug users are
current alcoholics are covered as long as they can perform essential job functions and don’t pose a safety risk
Types of reasonable accommodations
- Making the workplace accessible
- providing assistive aides or services
- modifying examinations, training materials, or policies
- modifying supervisory methods
- job restructuring
- reassignment to a vacant position
- modified work schedule
- leave of absence
- working from home
- use of assistive animals
When must an eer initiate the interactive process?
- the ee or applicant requests a reasonable accommodation
- you become aware of the need for an accommodation
- ee exhausted med leave under FMLA, CFRA, or both but still not able to return to work
Can you conduct a medical or psychological exam of a job applicant before you make a job offer?
No, but you can do personality, aptitude testing, or agility testing
you can’t conduct medical or psychological exams until after you make a conditional offer of employment
Medical or psychological exams after an offer of employment is legal as long as what conditions are met?
- all new hires in similar roles get one too
- If the results disqualify them from employment then they must be allowed to submit other medical opinions before a final determination is made
- results are maintained in confidential medical files separate from the personnel file
t is okay to withdraw an offer of employment based on the results of a medical or psychological exam only if one of the two conditions are met:
- the exam reveals that they cant perform essential duties of the job without reasonable accommodation
- they would endanger the health/safety of themselves or others and there is no reasonable accommodation that would eliminate the danger
In order to be eligible to take FMLA leave an ee must meet which criteria?
- work at a location where the eer employs at least 50 ees within a 75-mile radius
- employed for 12+mos, not consecutively
- worked 1250+ hours in 12 mos prior to taking leave
In order to be eligible for CFRA leave, an ee must meet the following criteria:
- employed for 12+ mos, not consecutive
- worked 1250+ hours in last 12 mos prior to taking leave
Work for eer with 5+ ees
time worked for an eer prior to a break in svc of at least 7 years need not be counted unless it was due to military leave
What is the maximum amount of time an ee can take on FMLA/CFRA in a 12-month period?
12 weeks
for a full time ee the 12 weeks = 60 eight hour working days.
The eer can choose the method in which the 12 month measuring period for FMLA/CFRA leave can be taken. What are the options?
- calendar year
- ees anniversary year
- 12 month period measured forward from the first day of leave
- 12-month period measured backward from the first day of leave
For leave taken under FMLA to care for an injured or ill military svc member, when must the 12-month period begin?
on the first day of leave
What are the reasons an ee can take FMLA leave?
- ees own serious health condition
- to care for a parent, child, spouse with a serious health condition
- pregnancy and childbirth
4 care/boding with newborn or newly adopted - up to 12 weeks for qualifying urgent matter relating to a close family member being deployed in military service to a foreign country.
6.up to 26 weeks to care for a spouse, child, parent, or next of kin who is an ill or injured current or former military svc member
What are the reasons an ee may take CFRA leave?
- ees own serious health condition
- to care for a parent, parent-in-law, child (regardless of age), spouse, sibling, grandparent, grandchild, or domestic partner with a serious health condition
- care for and bonding with newborn or adopted child
- because of a qualifying exigency related to the covered active duty or call to covered active duty of an ees souse, domestic partner, child, parent in the armed forces of the us.
Is treatment for substance abuse considered a serious health condition according to FMLA and CFRA?
Yes
Under FMLA and CFRA, if both parents work for the same eer, are they each able to take 12 weeks for bonding with a new child?
No. Only under CFRA can both parents take 12 weeks.
how much notice should an ee provide when taking FMLA/CFRA leave?
30 days if the leave is forseable
How many days does the eer have to request a medical certification of the need for leave?
15 days. It must be signed and completed by the health care provider.
use form appearing at Title 2, Section 11097 of the CA Code of Regulations
Can an eer challenge the validity of an ees family members medical certification?
No
can an eer challenge the validity of an ees medical certification?
Yes, and at the eers expense, they can request a second or third opinion
Within how many days of receipt of all required information for CFRA/FMLA leave do you need to determine whether a leave is covered by FMLA, CFRA, or both and to provide written notice to the ee designating the leave as FFMLA/CFRA covered or not?
5 days
During FMLA/CFRA leave, the eer must continue the ees group health insurance. If the ee fails to pay the premium within 30 days what can the eer do?
The eer may cancel coverage after providing 15 days notice and issue a COBRA notice.
An eer may recover health insurance premiums from an ee that were paid while on FMLA/CFRA leave as long as the following conditions are met:
- if the ee fails to return from leave at its expiration
- the ees failure to return is for another reason other than why they were on leave or is out of their control
An ee is deemed to have failed to return from leave when:
they work less than 30 days after returning from leave
but an ee who retires during leave or during the first 30 days is deemed to have returned from leave
When FMLA/CFRA leave expires and an ee doesn’t return to work what must the eer do prior to terminating for job abandonment?
Give ee 15 days to respond to a letter asking if they need additional leave. If the ee doesn’t respond then they can terminate for job abandonment.
Is intermittent leave okay under FMLA/CFRA?
Yes, up to a total of 480 hours per year for a full-time ee
Because FMLA/CFRA are not entirely congruent, ees in CA might qualify for more than 12 weeks per year in which situations?
- because pregnancy and childbirth aren’t a “serious health condition” under CFRA, a pregnant ee can take up to 4 mos PDL (concurrently with FMLA) and then another 12 weeks for bonding under CFRA.
- an ee could take 12 weeks of PDL for pregnancy and childbirth plus 6 weeks of CFRA for bonding leave. After returning to work, go on another 12-week leave under FMLA
- ee could take up to 26 weeks under FMLA to care for military svc member and then return and take up to 12 weeks under CFRA for another qualifying reason.
- because FMLA doesn’t cover grandparents, an ee could take 12 weeks off under CFRA for the care of a seriously ill or injured grandparent. Then take 12 weeks under FMLA for another qualifying reason.
- EE can take PDO up to 4 mos then 12 weeks CFRA childbirth/bonding
Weekly benefit amount of SDI
for ees whose wages are less than 1/3 of the state average quarterly wage is 70% of the ees wages paid during the quarter divided by 13
if ees wages are more than 1/3 then amount is 60%
max is $1,357
lasts up to 52 weeks
What SDI benefits are available during pregnancy and childbirth?
4 weeks before delivery and 6 weeks after
Paid Family Leave
- up to 8 weeks per year
- for ees to care for a seriously ill child, parent, spouse, domestic partner, parent in law, grandparent, grandchild, or sibling, or for bonding with child. Baby bonding leave must be taken within first year
Can an eer terminate group health coverage when an ee failed to pay premiums while on PDL?
No
How much sick time is required for ees on federal contracts under the Davis-Bacon Act, Service Contract?
up to 7 days
they can acquire 1 hour of paid leave for every 30 hours worked, up to a max of 56 per year. Need not be paid upon termination. Can roll over with a cap of 56 hours
Which two wahys can sick leave for nonexempt ees be paid?
- at the ees regular rate of pay when calculation OT
- divide the ees total wages (not including OT) by ees total hours worked in the full pay periods of the prior 90 days
A medical leave of absence may be a reasonable accommodation under the ADA and FEHA and may be required under the following circumstances:
- EER not covered under CFRA
- EE not eligible for FMLA/CFRA because they don’t satisfy the hours or working requirements to qualify
- EE exhausted their leave already
The accommodation must be granted as long as it doesn’t create an undue hardship. You can’t place an arbitrary timeframe on the leave
it is not required to continue health insurance
Do nonexempt and exempt ees need to be paid during jury duty?
For nonexempt, No
for exempt, if they don’t work at all for a period of one week then no
Voting Leave
Vote without a loss of pay
max time is 2 hours paid
must be taken at beginning or end of shift
ee must give at least two working days notice
Is leave for victims of crimes or abuse paid?
No, it’s just job protected
Additional leave rights for eers with 25 ees or more for victims of crime or abuse
12 weeks max of leave
to seek medical attention
to obtain svcs from shelter, program, etc
to obtain counseling svcs
to participate in safety planning
School Leaves for eers with 25+ ees
must allow parents, stepparent, grandparent, guardian to take up to 40 hours per year of unpaid time off per year for:
- to find, enroll child in school or participate in activities of the school or child care provider (may be limited to 8 hours per month
- to respond to a child care provider or school emergency
Volunteer emergency responder leave
all eers must permit ees who are volunteer firefighters, reserve police, emergency rescue personnel to take time off work to perform emergency services
eers of 50+ ees must allow them to take leave of absence of no more than 14 days per year for training
When conducting workplace investigations employers must hire who to do the investigation?
Internal HR professionals as long as they have experience conducting investigations
if hiring outside investigator, must be an atty or licensed private investigator
Sarbanes-Oxley Act
Prohibits retaliation against ees who complain internally to a supervisor or mg or externally to a federal law enforcement agency regarding:
mail fraud
wire fraud
fraud against fncl inst
fraud involving trading of commodities
Fraud on hshareholders
violation of any rule or regulation of the Securities and Exchange Comm
Federal WARN Act
Applies to eers with 100+ ees
plant closings of 50+ full time ees who suffer employment loss at a single site in a 30-day period
mass layoffs of over 500 ft ees, or between 50-499 ft ees at 33% workforce, who suffer employment loss at single site in 30 days period
According to WARN act, employment loss means:
- termination other than for cause, resignation or retirement
- layoff exceeding 6 mos
- reduction in 50%+ hours in 6 month period
90 day rule: employment losses at single location within 90 days may require notice
Under the federal WARN act how many days notice must eer provide prior to any covered plant closing or mass layoff?
60 days
or 60 days of pay
Cal Warn
applies to industrial or commerical industries with facilities of 75+ people
60 days notice required for mass layoff, relocation, or termination
mass layoff= 50+ ees in 30 days
as with WARN act, ees working less than 6 mos not counted
relocation is 100+ miles away
What is the penalty if an eer doesn’t provide affected ees with the WARN/CalWarn notices?
pay and benefits up to a max of 60 days
Which documents must be provided at termination?
- eers with 20+ ft ees COBRA notice
- 19 or less Cal-COBRA notice
- CA EDD benefits pamphlet
- change in employment status notice
- 20+ ees HIPP notice
who is not eligible for UI benefits?
- independent contractor
- not able to work
- not available to work
- resigned without good cause
- terminated for misconduct related to work (active and serious)
- not actively looking for work each week
When a former ee files a claim for UI benefits, you will rcv a Notice of Claim Filed. How much time do you have to respond
10 dAYS
according to CalOSHA which eers are required to have an Injury and Illness Prevention Plan (IIPP)
all eers
What must an IIP include?
communication
hazard assessment
accident/exposure investigation
hazard correction
training and instruction
recordkeeping
In the construction industry, what is required in an IIPP?
supervisors must conduct toolbox or tailgate safety meetings every 10 working days
EERs of ____ or more ees must keep records relating to CalOSHA of all scheduled and periodic safety inspections, including docs of unsafe practices or unhealthy conditions for at least one year
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must also retain training records for at least one year
Reduced documentation for Cal-OSHA for eers with fewer than 20 ees that are not in an industry on the DIR’s high hazard list with a workers comp rate of 1.1 or less OR are in an industry in the DIR’s low hazard list may limit IIPP docs to the following:
- ID of the person with authority and responsibility for implementing the IIPP
- the scheduled periodic inspections to id unsafe conditions
training and instruction provided to ees
Cal-OSHA Emergency Action Plan reqmts:
10+ ees must maintain a written Emergency Action Plan that covers:
evacuation procedures
procedures for ees who stay to operate critical plant operations b4 they evacuate
how to account for all ees after evacuation
procedures for ees doing rescue/medical duties
how to report fires and emergencies
names and titles of those to contact within the company for more information
establish an alarm system to notify ees of fires or emergencies
train ees to assist in evacuation
EAP training
Fire Prevention Plan
10+ ees must have a written one that includes:
- fire hazards and how to handle and store
- ignition sources and how to control
- types of fire protections systems or equipment in place
- names and titles of those who maintain fire protection systems
- names and titles for those responsible for controlling the accumulation of flammable materials
Hazard Communication Program
Cal-OSHA
all eers must have one and must include:
- hazardous chemicals present
- methods eers will use to inform ees of hazards of non-routine tasks
- description of Cal-OSHA label rqmts on hazardous materials
- how and when safety data sheets will be obtained from manufacturer of each hazardous material
- description of training that will be provided regarding hazardous materials
What eers are subject to prop 65?
Safe Drinking Water and Toxic Enforcement Act
nongovernmental eers of 11+ ees
Heat Illness Prevention Plan
all CA eers with ees working outdoors must have one
can be separate doc or included with IIPP
must include explanations for how the following will be met:
- procedures for the provision of water and shade
- procedures for when temps exceed 95
- Emergency response procedures
- heat acclimatization procedures
SDI length of time
52 weeks
PFL length of time
8 weeks
Unemployment length of time
26 weeks
agricultural workers employed by employers with 26 or more employees must receive overtime (1.5 times the employee’s regular rate of pay) for all hours worked over
8.5 hours in any workday or over 45 hours in any workweek
There are only three Wage Orders which limit employees’ weekly work hours. No more than ___ hours of work per week can be required for employees who work under Wage Order 4, Professional, Technical and Clerical; Wage Order 8, Industries Handling Products After Harvest; or Wage Order 13, Industries Preparing Agricultural Products for Marketing, On the Farm. The other Wage Orders contain no limitation on working hours.
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Overtime in Agriculture
Employers with 25 or Fewer Employees
Time and one-half for hours worked more than 9 per day or 50 per week
26+ ees is normal
On the seventh consecutive day of work in a workweek, agricultural employees under Wage Order 14 are entitled to time and a half for the first eight hours, and double time after eight hours.
Agricultural employers are subject to day of rest requirements, and cannot cause an employee to work more than six days in seven. For more information about day of rest requirements, see Mandatory Days Off - Day of Rest.
Overtime for Domestic Work Employees/Personal Attendants
eligible for overtime at one and one-half times the employee’s regular rate of pay if the employee works **more than nine hours in any workday or more than 45 hours **in the workweek. eligible for overtime at one and one-half times the employee’s regular rate of pay if the employee works more than nine hours in any workday or more than 45 hours in the workweek.1
Overtime in Transportation
state law also exempts drivers of the following vehicles from overtime that is otherwise mandated by state law:
Motor trucks with more than two axles, truck tractors and all trailers, semitrailers and auxiliary, logging, pole or pipe dollies used in combination with them
Two-axle motor trucks, excluding pickups, when coupled in any combination of vehicles exceeding 40 feet in length
Buses, school buses, school pupil activity buses and farm labor vehicles10
Overtime and Collective Bargaining Agreements
Employees are exempted from statutory overtime requirements if they are covered by a collective bargaining agreement that:
Explicitly provides for the employees’ wages, hours and working conditions
Pays premium rates for overtime hours
Pays at least 30 percent more than the state minimum wage
Overtime and Residential Care Employees
The IWC created an overtime exemption for certain residential care employees.12 The exemption covers employees with direct responsibility for children receiving 24-hour residential care when those children are under 18 years of age; or not emancipated from the foster care system.
These residential care employees can be paid overtime as follows:
1.5 times the employee’s regular rate of pay for all hours over 40 in the workweek
Double the employee’s regular rate of pay for all hours over 48 in the workweek
Double the employee’s regular rate of pay for all hours over 16 in a workday
The employee cannot work more than 24 consecutive hours until the employee receives at least 8 consecutive hours off duty immediately following the 24 consecutive hours of work. Time spent sleeping is not considered hours worked.
Overtime and the Ski Industry
Employees must be compensated at not less than 1.5 times the employee’s regular rate of pay for any hours worked in excess of 10 hours in a day or 48 hours in a workweek.
Overtime and Commercial Passenger Fishing Boats
Employees of commercial passenger fishing boats are exempt from overtime pay
Overtime for Mechanics
Auto mechanics paid a flat rate for each assigned job are not exempt from overtime pay because flat-rate pay is not a commission
Records Retention
For practical reasons, many employers keep the bulk of an employee’s personnel file and other records for the duration of employment plus four years. This time period covers nearly every law, with the exception of three types of records that must be removed from a file before it is disposed of and retained for a longer duration:
Pension and welfare plan information (six years)1
First aid records of job injuries causing loss of work time (five years)2
Safety and toxic or chemical exposure records, including safety data sheets (30 years)3
Record retention for recrutiing, hiring, and job placement
4 years
Record retention for employee wage records
3 years
Record retention for Family and Medical Leave of absence records
4 years
Record retention for child labor Certificates and notices
3 years
Record retention Unions and Employment Contracts
3 years
Record retention for Employment eligibility forms
The later of 3 years from the date of hire or 1 year from termination
record retnetion Mandatory Harassment prevention training records
2 years
Exceptions to min wage
Learners, and apprentices.
Organized camp counselors, program counselors and student employees are exempt from the minimum wage if they receive a salary of at least 85 percent of the minimum wage for a 40-hour week regardless of the number of hours per week they work at the organized camp. If they work fewer than 40 hours per week, they must be paid at least 85 percent of the minimum wage for each hour worked. The organized camp can, with the employee’s written permission, deduct a fair market value of meals and lodging from employee salaries.2
Any individual who is a parent, spouse, child or legally adopted child of the employer.3
Outside salespeople. For more information, see Outside Salesperson Exemption.4
Some executive, administrative and professional employees may be exempt. For more information see Exempt/Nonexempt.
Affirmative Action Reporting
Contractors and subcontractors with 50 or more employees and a contract or subcontract of $50,000 or more and banks that receive deposits of any type of federal funds must develop written affirmative action plans.
The Form 300 is used to record and classify work-related fatalities, injuries and illnesses, and to note the extent and severity of each case. EERS are exempt in the following circumstances:
You are exempt from recording if you employ 10 or fewer employees or if your organization is classified in a specific, low hazard North American Industry Classification System (NAICS) category.
Certain employers must also submit the Form 300A - Summary of Work-Related Injuries and Illnesses online each year. Under current Cal/OSHA regulations, this requirement applies to:
All employers with 250 or more employees, unless specifically exempted by Title 8, section 14300.2 of the California Code of Regulations.
Employers with 20 to 249 employees listed in Appendix H of the regulation.
The regulations require that employers submit their annual summaries by March 2
Cal/OSHA
When a work-related injury or illness occurs, you must perform the following steps:
Record the incident on the Injury and Illness Incident Report - Form 301 :
1. You must record the incident within seven calendar days of receiving information on it.
2. Record a case number on the Injury and Illness Incident Report - Form 301.
3. Transfer the information from the Injury and Illness Incident Report - Form 301 to the Work-Related Injuries and Illnesses Log - Form 300.
4. Update the Form 301 and Form 300 as the injury’s or illness’ nature and its consequences become known.
When are you required to prepare and post a Summary of Work-Related Injuries and Illnesses - Form 300A?
from February 1 to April 30
The annual summary must be completed even if no work-related injuries or illnesses occurred during the year.
How long must you maintain these records:
Work-Related Injuries and Illnesses Log - Form 300;
The privacy case list, if one was created for that year;
Injury and Illness Incident Report - Form 301; and
Summary of Work-Related Injuries and Illnesses - Form 300A.
5 years
During this five-year period, you must update Form 300 to include any newly discovered recordable injuries or illnesses. You must also show any changes in classification for previously recorded events.
Employees, former employees and their properly authorized personal representatives are entitled to a copy of all of the following:
The individual’s incident report(s);
Work-Related Injuries and Illnesses Log - Form 300, with names of employees deleted for privacy cases; and
Current or archived annual summaries.
You must provide these copies by the end of the next business day after the request.
An authorized employee representative, such as a collective bargaining agent, is entitled to a copy of the Work-Related Injuries and Illnesses Log - Form 300 for the establishment it represents. You must provide the copy to the requesting party within seven calendar
What is the The Targeted Inspection and Consultation Program (TICP)?
a Cal/OSHA program that identifies certain high hazard employers and requires them to pay a fee to fund a special inspection unit.
When does Cal/OSHA inspects a workplace?
An employer reports a fatality or serious injury or illness;
An employee complains;
Issuing a permit requires a follow-up inspection;
Cal/OSHA’s general administrative plan calls for inspections for a certain type of employer;
An industry has been selected as part of the Targeted Inspection and Consultation Program (TICP); or
A Cal/OSHA inspector sees a violation from a location that’s readily available to the general public or a casual observer.
Cal/OSHA must conduct an investigation within three days of receiving notification from the California Department of Public Health (CDPH) of an employee’s exposure to lead.
What Happens If You Disagree With the Results of an Inspection?
If you disagree with the results of an inspection, you can appeal to the OSHAB within 15 working days
When there is a COVID-19 case at the worksite, employers must display a notice when and for how long?
within 1 bus day and for 15 days
Employers must also keep records of all written notices provided to employees under this law for at least three years.
COVID-19 Reporting and Workers’ Compensation
California also enacted COVID-19 reporting requirements in the context of workers compensation.
When an employer with five or more employees “knows or reasonably should know” that an employee tests positive for COVID-19, the employer must inform their workers’ compensation carrier within three business days of the following:
An employee tested positive,
The date when the employee tested positive,
The address of the employee’s worksite, and
The highest number of employees who reported to the worksite within 45 days of when the employee last worked.
What is the penalty for failure to pay wages on payday for an existing ee, not terminated?
The initial penalty for failure to pay wages is $100 per employee per missed payday. So if your company has 25 employees, the potential civil penalty is $2,500.
Civil penalties for subsequent missed paydays are much more severe. The penalty is $200 per employee, plus 25 percent of the amount unlawfully withheld.
