Functional Area #1: Compensation Wage/Hour 21% Flashcards

Question 1

Q

Executive Exemption

Answer

A

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

Question 2

Q

Administrative Exemption

Answer

A

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

Question 3

Q

Professional Exemption

Answer

A

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

Question 4

Q

Non-Exempt Professionals

Answer

A

Pharmacists
registered nurses

Question 5

Q

Computer Software Field Exemption

Answer

A

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

Question 6

Q

Additional exempt employees
Exempt from both OT, min wage, and meal breaks

Answer

A

ee’s of the state/govt
outside salespersons
parent, spouse, child, adopted child of the eer
in the national svc pgm like Americoprs

Question 7

Q

Outside Salesperson Definition

Answer

A

works more than 1/2 time away from business
sells tangible/intangible items or obtains orders/contracts for products or svcs

Question 8

Q

Overtime Provisions

Answer

A

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

Question 9

Q

Alternative Workweek Schedule and OT (not in healthcare industry)

Answer

A

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

Question 10

Q

Max amount of hours an employee can work in a day

Answer

A

voluntarily = 16 hours
8 hours of off duty time required after working 24 consecutive hours

Question 11

Q

Makeup Work Time

Answer

A

up to 11 hours of make-up time in a day during the week the hours were lost would not be OT

Question 12

Q

Min Wage 25 or less ees

Question 13

Q

Min Wage 26 or more ees

Question 14

Q

Learner

Answer

A

first 160 hours with no previous experience can be paid 85% of min wage rounded to the nearest nickel

Question 15

Q

Exempt from min wage

Answer

A

Learner
Apprentice
parent, child, spouse of eer
disabled

Question 16

Q

Reporting Time Pay

Answer

A

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

Question 17

Q

Reporting Time Pay Exceptions

Answer

A

threats to ees or property or when recommended by civil auth
public utilities fail
act of god
ee on paid standby status

Question 18

Q

Wage Order Recordkeeping Requirements

Answer

A

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

Question 19

Q

Wage Statement Requirements

Answer

A

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

Question 20

Q

Hand Tools and Equipment

Answer

A

if an ee earns 2x min wage may be required to provide and maintain

Question 21

Q

Meal Periods

Answer

A

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

Question 22

Q

Alternative Workweek Schedule in the health care industry

Answer

A

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

Question 23

Q

Rest Periods

Answer

A

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

Question 24

Q

Penalties to violation provisions in wage orders

Answer

A

First Violation= $50 for each underpaid ee per pay period

Subsequent Violations= $100 for each underpaid ee per pay period

Question 25

Q

Violations of wage orders should be reported to

Answer

A

DLSE/Labor Commissioner’s Office

Question 26

Q

Wage orders don’t apply to

Answer

A

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)

Question 27

Q

Sections of Wage Orders

Answer

A

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

Question 28

Q

Wage Order 1

Answer

A

Manufacturing INDUSTRY

Question 29

Q

Wage Order 2

Answer

A

Personal Svcs INDUSTRY

ie. beauty and nail salons, health clubs

Question 30

Q

Wage Order 3

Answer

A

Canning, Freezing, and Preserving INDUSTRY

Question 31

Q

Wage Order 4

Answer

A

Professional, technical, clerical, mechanical OCCUPATIONS

ie. accountants, bookkeepers, mechanics, doctors, nurses, lawyers, journalists, banks, insurance companies, newspapers, utilities

Question 32

Q

Wage Order 5

Answer

A

Pubic Housekeeping INDUSTRY

ie. restaurants, hotels, apartment houses, hospitals, private schools, cleaning and groundskeeping, veterinary hospitals

Question 33

Q

Wage Order 6

Answer

A

Laundry, linen supply, dry cleaning and dyeing INDUSTRY

Question 34

Q

Wage Order 7

Answer

A

Mercantile Industry

ie. wholesale, retail, rental businesses

Question 35

Q

Work Order 8

Answer

A

Industries handling products after harvest

Question 36

Q

Work Order 9

Answer

A

Transportation INDUSTRY

ie. storing and warehousing of products or property and the parking, rental, maintenance, or cleaning of vehicles

Question 37

Q

Wage Order 10

Answer

A

Amusement and recreation INDUSTRY

ie. theaters, amusement parks, golf courses, gymnasiums, bowling, race tracks

Question 38

Q

Wage Order 11

Answer

A

Broadcasting INDUSTRY

Question 39

Q

Wage Order 12

Answer

A

Motion picture INDUSTRY

Question 40

Q

Wage Order 13

Answer

A

Industries preparing agricultural products for market on the farm

Question 41

Q

Wage Order 14

Answer

A

Agricultural OCCUPATIONS

Question 42

Q

Wage Order 15

Answer

A

Household OCCUPATIONS

companions, butlers, chauffeurs, housekeepers

Question 43

Q

Wage Order 16

Answer

A

Occupations in the on-site construction, drilling, logging, and mining

Question 44

Q

Wage Order 17

Question 45

Q

Exceptions for wage order 5
camp counselors

Answer

A

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

Question 46

Q

Exception for wage order 5: housekeeping, personal attendants

Answer

A

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

Question 47

Q

Wage Order 5: OT for housekeeping resident managers of homes for the aged that have less than 8 beds

Answer

A

no weekly OT as long as ee doesn’t work over 40 hrs / week or more than 6 days

no double time rqd

Question 48

Q

Wage Order 5: Housekeeping ees responsible for children under 18 that rcv 24 hour residential care

Answer

A

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

Question 49

Q

Wage Order 5: Housekeeping
Wage Order: 9 Transportation

Answer

A

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

Question 50

Q

Wage Order 10: Amusement/Recreation EES of a ski establishment

Answer

A

OT over 48 hours
OT over 10 hours in a day

Question 51

Q

Wage Order 10: Motion Picture Industry Extra Players

Answer

A

OT for the 9th and 10th hours of work in a day

2x pay over 10 hours

Question 52

Q

Wage Order 12: Motion Pic with minors (unless 16/17 and don’t have to go to school)

Answer

A

OT on 6th consecutive day of 1.5x

Question 53

Q

Wage Order 15: non-live in ees

Answer

A

No OT for the 7tbh consecutive day when working 30 hours or less or less than 6 in a workday

Question 54

Q

Types of deductions that can’t be made of an exempt ees pay to keep exempt status

Answer

A

for quantity or quality of work
violations or disciplinary action
tardiness

Question 55

Q

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

Answer

A

sickness
accident
military leave
jury duty
unavailability of work

Question 56

Q

For exempt ees, after a full day absence without any work performed, these are the types of deductions to pay that can be made

Answer

A

FMLA
Pregnancy leave
workers comp leave
vacation/personal time
initial and final week of work

Question 57

Q

Wage garnishments can’t exceed

Answer

A

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%

Question 58

Q

Times per month exempt and non exempt should be paid

Answer

A

nonexempt ees: at least twice each month

exempt ees: at least once a month

Question 59

Q

Penalty for not paying wages

Answer

A

waiting time penalty= regular rate of pay for 30 days max until wages correctly paid

Question 60

Q

when should a meal period begin

Answer

A

no later than the 5th hour of the shift

second meal break: no later than the 10th hour?

Question 61

Q

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

Question 62

Q

Which act prohibits eers from paying a piece rate for which type of workers and will now need to be paid min wage?

Answer

A

The Garment Workers Protection Act

Garment Workers

Question 63

Q

Split Shift Differential Pay

Answer

A

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

Question 64

Q

What is Compensatory Time Off

Answer

A

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

Answer 61

A

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

Answer 62

A

1, 3, 8, 10, 13, 14

Answer 63

A

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)

Answer 64

A

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

Answer 65

A

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

Answer 66

A

California Online Privacy Protection Act

Answer 67

A

California Investigative Consumer Reporting Act (
CICRA)
Fair Credit Reporting Act (FCRA)

Answer 68

A

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

Answer 69

A

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

Answer 70

A

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

Answer 71

A

“ban the box” prohibits eers of more than 5 ees from asking about a conviction history before making a job offer

Answer 72

A

The Joint Venture Program which implements the Prison Inmate Labor Initiative

Answer 73

A

Americans with Disabilities Act

California Fair Employment and Housing Act

Answer 74

A

Federal or State govt agency

Answer 75

A

School in session: 8 hours on non-school days

School not in session: 8 hours per day 40 hours per week

Answer 76

A

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

Answer 77

A

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

Answer 78

A

After labor day through May 31: 7-7

June 1-Labor Day: 7-9

Answer 79

A

5am-10pm schooldays or days before a school day

5-12:30 am on days before a non-school day

Answer 80

A

agriculture, entertainment, newspaper delivery, homeworkers

Answer 81

A

standard six-month Entertainment Work Permit
a ten-day Temporary Entertainment Work permit.

Answer 82

A

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

Answer 83

A

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.

Answer 84

A

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)

Answer 85

A

within 5 days

Answer 86

A

disability insurance
Paid family leave
unemployment insurance

Answer 87

A

nonexempt employees

Answer 88

A

When they have 2-19 ees and after a qualifying event occurs

Answer 89

A

5 or more with at least one in CA

Answer 90

A

unemployment
state disability
workforce investment
labor market information programs
collects and audits payroll taxes
maintains employment records

Answer 91

A

When they have one employee who has been paid $100

Answer 92

A

$10k per ee

Answer 93

A

sale of business goodwill exception
dissolution of partnership exception
dissolution of LLC exception
common-law exception to protect trade secrets

Answer 94

A

Uniform Trade Secrets Act

Answer 95

A

Generally, no

Answer 96

A

Yes, only if they don’t define the protected information too broadly

Answer 97

A

requiring ees from signing arbitration agreements

Answer 98

A

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

Answer 99

A

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

Answer 100

A

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

Answer 101

A

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

Answer 102

A

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.

Answer 103

A

Janitor Survivor Empowerment Act

training every other year in-person on sexual violence and harassment prevention training

Answer 104

A

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

Answer 105

A

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

Answer 106

A

California’s Drug-Free Workplace Act

Answer 107

A

EERs may ask eers not to discuss an ongoing investigation when there is a legitimate and substantial business justification

Answer 108

A

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

Answer 109

A

W-2 ee that is trained to perform investigations
attorney
private investigator
off-duty peace officer

Answer 110

A

Cal WARN Act
The Worker Adjustment and Retraining Notification

Answer 111

A

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

Answer 112

A

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

Answer 113

A

EDD Workforce Svcs Division
local workforce investment board
chief elected official of each city/county govt

Answer 114

A

faltering company (relocations/terminations only)
Unforeseeable bus circumstances (plant closing and mass layoffs)
physical calamity or act of war (plant closing and mass layoffs)

Answer 115

A

$500 max for each day of the violation

pay and benefits of up to 60 days

Answer 116

A

Older Workers Benefit Protection Act

Answer 117

A

ee willfully breaches on of their employment duties
ee is habitually neglectful of their duties
ee is unable to perform their duties

Answer 118

A

type of monetary award intended to make the ee whole again. ie. missed wages, back pay, emotional distress or mental suffering.

Answer 119

A

monetary punishment ordered by the court

Answer 120

A

when the eer’s conduct forces an ee to resign

Answer 121

A

severance agreement

Answer 122

A

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

Answer 123

A

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

Answer 124

A

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

Answer 125

A

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

Answer 126

A

Patient Protection and Affordable Care Act PPACA

Answer 127

A

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%

Answer 128

A

with the California Secretary of State

File a Declaration of Domestic Partnership Form

Answer 129

A

the California Insurance Equality Act

*the only exemption is for employers who self-insure

Answer 130

A

The California Continuation Benefits Replacement Act

extends COBRA benefits to non-govt orgs in CA with 2-19 ees

Answer 131

A

at least 20 ees

18 mos

Answer 132

A

up to 36 mos

Answer 133

A

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

Answer 134

A

until they accept another health plan
stop participating in a health plan
accept Medicare,
or are 65 years old

Answer 135

A

within 60 days

eer must mail the notification within 30 days

Answer 136

A

Cal-COBRA 110%-150% of the group rate

COBRA up to 102%

Answer 137

A

California’s Health Insurance Premium Payment (HIPP) for qualified beneficiaries with full scope Medi-Cal coverage.

Answer 138

A

Cal Savers

Answer 139

A

5 or more ees

Answer 140

A

Roth IRA

5% of gross pay

Answer 141

A

$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

Answer 142

A

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

Answer 143

A

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

Answer 144

A

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

Answer 145

A

child
parent (step, in-law, etc.)
spouse (including domestic partner)
grandparent
grandchild
sibling

Answer 146

A

The Labor Commissioner’s guidelines put this limit at 1.75x ees annual rate of accrual

Answer 147

A

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

Answer 148

A

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

Answer 149

A

on their first day of hire

Answer 150

A

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Answer 151

A

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

Answer 152

A

17 days of unpaid leave

Answer 153

A

The Fair Employment and Housing Act

Answer 154

A

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.

Answer 155

A

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

Answer 156

A

No, because California has Pregnancy Disability Leave

Answer 157

A

employed for at least 12 months (not needed to be consecutive)

worked at least 1250 hours in the last 12 mos

Answer 158

A

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

Answer 159

A

Within 5 days of an eer learning the ee has a qualifying event

Answer 160

A

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

Answer 161

A

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

Answer 162

A

Department of Fair Employment and Housing (DFEH)

Answer 163

A

By applying for State Disability Insurance

Answer 164

A

Provide the ee with the Pregnancy Disability Leave notice

Answer 165

A

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

Answer 166

A

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

Answer 167

A

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

Answer 168

A

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

Answer 169

A

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

Answer 170

A

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

Answer 171

A

26+ ees

entitled to time off to seek medical attention, obtain svcs from a domestic violence shelter, etc

FMLA/CFRA can run concurrently

Answer 172

A

50 ees

can take 14 days off per year

Answer 173

A

Yes, in most cases

Answer 174

A

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

Answer 175

A

FMLA and CFRA

Answer 176

A

SDI
PFL
UI
work sharing
Workers comp

Answer 177

A

ministers
school districts
local gvt personnel
state ees
prayer for healing
performing domestic service

Answer 178

A

52 weeks

range from $50-$1216

60-70% of wages earned 5-18 mos prior to claim

Answer 179

A

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

Answer 180

A

an alternative to layoffs

7-day waiting period for benefits to kick in

intermittent, seasonal, temp ees , corporate officers or major stockholders not eligible

Answer 181

A

one ee

covered on the first day of work

non-us citizens, casual workers, paid interns, minors are also included

Answer 182

A

Stipulations with Request for Award (stips)- ee rcvs temp/perm disability payments and rcvs medical care

Compromise and Release (C&R)- lump sum payment

Answer 183

A

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

Answer 184

A

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

Answer 185

A

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

Answer 186

A

Notice to Employees

failure to post is a misdemeanor

penalty up to $7k

Answer 187

A

Workers’ Compensation claims administrator

report to the California Department of Insurance for investigation

Answer 188

A

The Uninsured Employer’s Benefit Trust Fund (UEBTF)

Answer 189

A

The California Division of Occupational Safety and Health aka Cal/OSHA

a division of the DIR

DOSH sets the standards for workplace safety

Answer 190

A

General Industry Safety Orders (GISO)

Answer 191

A

California’s Governor’s Office of Emergency Services (OES)

It is the lead state agency for emergency management in CA

Answer 192

A

Four phases of emergency management:
1. Preparedness
2. Response
3. Recovery
4. Mitigation

Answer 193

A

Targeted Inspection and Consultation Program (TICP)

Answer 194

A

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

Answer 195

A

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

Answer 196

A

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

Answer 197

A

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

Answer 198

A

250+ ees
20-249 ees in specific industries listed in Appendix H of Cal/OSHA’s regs

deadline for submission is March 2nd

Answer 199

A

at least 1 year

ees with fewer than 10 ees may elect to maintain inspection records until hazard is corrected

Answer 200

A

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

Answer 201

A

until the violation has been corrected or for three working days, whichever is longer

Answer 202

A

The Hazard Evaluation System and Information Services (HESIS)

Answer 203

A

Opening conference
walk around
exit conference
closing conference

Answer 204

A

OSHAB Appeal Form 100 no later than 14 working days of the date citation issued

Answer 205

A

Supporting docs
Citation and Notification of Penalty
All citation items
Notice of Proposed Penalties

submit by mail or online

Answer 206

A

The Corporate Criminal Liability Act CCLA

Answer 207

A

Repetitive Motion Injuries (RMI) Standard

Answer 208

A

a worksite evaluation
control of exposures that have caused RMI’s
ee training

Answer 209

A

Cumulative Trauma Disorders (CTDs)

Answer 210

A

eers who are awarded contracts or grants from any state agency

Answer 211

A

The Wireless Telephone Automobile Safety Act

Answer 212

A

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

Answer 213

A

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

Answer 214

A

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.

Answer 215

A

all hazardous materials are required to have:

pictograms
a signal word
hazard and precautionary stmts
product identifier
supplier ID

Answer 216

A

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

Answer 217

A

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

Answer 218

A

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

Answer 219

A

annually

new ees must rcv within 15 days of hire

failure to comply $1k or a year in jail or both

Answer 220

A

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

Answer 221

A

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

Answer 222

A

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

Answer 223

A

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

Answer 224

A

EDD program funded through ee payroll deductions

1 ee

Answer 225

A

Requires utlizing Form I-9 to prove ees identity and work eligibility

1 ee

Answer 226

A

Paid sick time available for CA ees

1 ee

Answer 227

A

Training required for hotel ees

1 ee

Answer 228

A

available for parents/guardians who need to appear on their child’s behalf in connection with disciplinary action

1 ee

Answer 229

A

Available for firefighters and emergency personnel to take time off for emergency purposes

1 ee

Answer 230

A

Requires all eers to provide each ee with a written notice containing specified information at the time of hire

1 ee

Answer 231

A

Requires hospitals and other specified health care eers to adopt a worplace violence prevention plan

1 ee

Answer 232

A

Prohibits harassment based on any state or federally protected statuses

1 ee

Answer 233

A

Prohibits wage discrimination based on gender, race, or ethnicity

1 ee

Answer 234

A

required as a general plan to keep the workforce free from work-related inuries and illnesses

1 ee

Answer 235

A

Wage replacement program for ees caring for ill family members or baby bonding

1 ee

Answer 236

A

Requires Ca eers to provide sexual harassment prevention training to all ees

5 ees

Answer 237

A

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

Answer 238

A

Requires eers to enroll in the State’s Cal Savers pgm or an applicable retirement savings account

5 ees

Answer 239

A

Provides medical leaves of absence for an eer or their qualified family members

5 ees

Answer 240

A

Requires eers to provide time off to parents’guardians to attend school activities and conferences

25 ees

Answer 241

A

Requires govt contractors and subcontractors to develop written plans on attracting and employing diverse labor forces

50 ees

Answer 242

A

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

Answer 243

A

Requires eers to offer health care benefits to their full-time ees

50 ees

Answer 244

A

Provides time off for ees to receive firefighting or emergency services training

50 ees

Answer 245

A

Requires eers to provid enotices to ees affected by mass layoffs or plant closures

75 ees

Answer 246

A

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

Answer 247

A

The Fair Employment and Housing Act

Answer 248

A

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

Answer 249

A

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

Answer 250

A

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

Answer 251

A

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

Answer 252

A

requires any person, agency, or organization doing business in Ca to notify any affected persons of a data breach

Answer 253

A

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

Answer 254

A

Non-compete lagnuage or other terms that are unenforceable in CA and that interfere with a company’s ability to recruit top talent

Answer 255

A

When an ee assigns to the organization all rights the ee has to inventions and ideas generated through the employment with the organization

Answer 256

A

information which is valuable because it is unknown to others, and the owner has attempted to keep it secret. Protected for 3 years

Answer 257

A

customer lists
markeing information
inventions
software
formulas
recipes
non-public information

Answer 258

A

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

Answer 259

A

Private Attorney General Act (PAGA)

Answer 260

A

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

Answer 261

A

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

Answer 262

A

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

Answer 263

A

Required for eers using hazardous/toxic substances.

Answer 264

A

Any contract for public work shall post a copy of the prevailing wage determination for each craft, classification, or type of worker needed

Answer 265

A

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.

Answer 266

A

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.

Answer 267

A

Federal law that established prevailing wages on public works projects. Every employer performing work covered by the act (federal or federally financed construction projcts)

Answer 268

A

Required for eers who use e-verify

Answer 269

A

required for eers who use e-verify.

Answer 270

A

Required for all Workers’ Comp Self -Insured EERS

Answer 271

A

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.

Answer 272

A

Licensed farm labor contractors must display pay rates where work is performed and on all vehicles used by the licensee for trasnportation of ees

Answer 273

A

Required for operating forklifts, industrial trucs and tow tractors, and agriculture or industrial tow tractors

Answer 274

A

Healthy Workplaces Healthy Families Act

Answer 275

A

Payday Notice

Answer 276

A

Safety and Health Protection on the Job

Answer 277

A

Notice to Emplyees-Injuries Caused by Work

Answer 278

A

Whistleblower Protection

size 14 font

civil penalty up to $10k per violation

Answer 279

A

California Law Prohibits Workplace harassment or discrimination

Answer 280

A

Notice to Employees- UI, SDI, PFL

Answer 281

A

Time Off to Vote

Answer 282

A

Your Rights Under USERRA

Answer 283

A

Inspection by Immigration

Answer 284

A

Transgender Rights in the Wrokplace

Answer 285

A

Family Care & Medical Leave & Pregnancy Disability Leave

Answer 286

A

Summary of Occupational Injuries and Illness

Answer 287

A

Equal Employment Opportunity is the Law

15+ ees

Answer 288

A

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

Answer 289

A

For Your Benefit Pamphlet

Answer 290

A

Notice to Employee as to Change in Relationship

Answer 291

A

New Health Insurance Marketplace Coverage Options and Your Health Coverage

Answer 292

A

Cal-COBRA & COBRA, HIPAA

Answer 293

A

Notice to Terminating Employees: Health Insurance Premium Payment (HIPP) Programs

Answer 294

A

401(k) Plan Information

Answer 295

A

Job injuries causing loss of work time= 5years
Pension & Welfare Plans = 6 years
Safety & Toxic Chemical Exposure = 30 years

Answer 296

A

30 calendar days

Answer 297

A

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

Answer 298

A

1x per year

eers can also limit the number of requests to 50 per month

Answer 299

A

21 calendar days after request was made

Answer 300

A

DFEH Department of Fair Employment and Housing

Answer 301

A

to protect Californians from employment, housing, and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the country

Answer 302

A

private, public, and all state and local governments

Answer 303

A

Fair Employment and Housing Act (FEHA)

Answer 304

A

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

Answer 305

A

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

Answer 306

A

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

Answer 307

A

employment practices or procedures result in unintentional discrimination as applied to a protected group rather than an individual

Answer 308

A

FEHA’s ban the box

Answer 309

A

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

Answer 310

A

With the DFEH within 3 years

hate crimes, threats and intimidation 1 year

Answer 311

A

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

Answer 312

A

requires eers with 5+ ees to post notice regarding transgender rights and requires eers to provide training

Answer 313

A

discrimination on the basis of natural hair

Answer 314

A

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

Answer 315

A

National Labor Relations Act NLRA

Answer 316

A

Meyers-Milias-Brown Act

Answer 317

A

prevent private eers from controlling or restricting ees from participating in political actions or activities

Answer 318

A

up to one year

Answer 319

A

The DFEH requires individuals to exhaust their admin remedies by filing a complaint and obtaining a right to sue notice

Answer 320

A

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

Answer 321

A

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

Answer 322

A

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

Answer 323

A

notice of claim
preparing for the settlement conference
settlement conference
hearing
potential appeal

Answer 324

A

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)

Answer 325

A

DFEH

must be filed within 3 years

eer must respond within 30 days

Answer 326

A

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

Answer 327

A

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

Answer 328

A

No, it is an employment at will state

Answer 329

A

ees who are covered by the US Dept of Transportations drug testing regulations or who work in safety-sensitive positions

Answer 330

A

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

Answer 331

A

Borello Test (manner and means test)

Answer 332

A

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

Answer 333

A

marketing consultants
HR consultants
Travel agents
graphic designers
grant writers
fine artists
IRS agents
payment processing agents through independent sales orgs

Answer 334

A

still photographers, photojournalists, videographers, photo editors
Freelance writers, editors, copy editors, translators, illustrators, newspaper cartoonists
freelance content contributors, advisors, producers, narrators, cartoprapher

Answer 335

A

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

Answer 336

A

performers teaching a master class of one week or less
real estate appraisers
registered professional foresters

Answer 337

A

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

Answer 338

A

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

Answer 339

A

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

Answer 340

A

$5k-$15k for each violation

$10k-$25k for a pattern of violations

Answer 341

A

at least 2 years

Answer 342

A

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

Answer 343

A

arrests where the applicant is out on bail or released on personal recognizance pending trial

Answer 344

A

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

Answer 345

A

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

Answer 346

A

after applicant has completed an initial interview

Answer 347

A

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

Answer 348

A

a written request stating that the person is not required to take the test.

Answer 349

A

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

Answer 350

A

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+

Answer 351

A

federal Fair Credit Reporting Act FCRA

California’s Investigative Consumer Reporting Agencies Act ICRAA

Answer 352

A

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.

Answer 353

A

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

Answer 354

A

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

Answer 355

A

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)

Answer 356

A

Mandatory for federal contractors and subcontractors

Answer 357

A

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.

Answer 358

A

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

Answer 359

A

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

Answer 360

A

most state, county, municipal, govt ees. These ees fall under the FLSA

also ees of public school districts, except for the min wage provisions

Answer 361

A

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

Answer 362

A

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

Answer 363

A

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

Answer 364

A

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

Answer 365

A

paid for all travel time beyond normal commute

may be paid a lower hourly rate for travel time

Answer 366

A

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

Answer 367

A

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

Answer 368

A

must be paid reporting time pay if told not to come in.

Answer 369

A

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

Answer 370

A

Yes, as long as it doesn’t result in a failure to compensate ees for actual time worked

Answer 371

A

No, meal periods must be actual time taken

Answer 372

A

ees who are paid 2x min wage

Answer 373

A

No later than the next payday

Answer 374

A

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

Answer 375

A

No, the Labor Commissioner and CA courts view commission as earned when all the ees work to effect the sale is complete.

Answer 376

A

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)

Answer 377

A

No, because it won’t compensate them for non selling time and rest breaks

Answer 378

A

as soon as reasonably calculable, or at least Twice per month

Answer 379

A

1x per month

Answer 380

A

Yes, they are considered the same as vacation and are paid out at termination

Answer 381

A

between the 16th and 26th

Answer 382

A

between the 1st-10th of the following month

Answer 383

A

Yes, as long as they are paid no later than 7 calendar days following the end of a pay period.

Answer 384

A

ee authorizes it
no fee to use it at least once at a CA bank
funds are immediately available

Answer 385

A

30 days

if a paycheck is not honored then waiting time penalties apply

Answer 386

A

those required by law
those authorized by the ee such as health ins. or 401(k) contributions

Answer 387

A

no, only if the eer rcvs written consent

Answer 388

A

$1.50 per payment

Answer 389

A

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

Answer 390

A

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

Answer 391

A

on the last day of work

Answer 392

A

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

Answer 393

A

state controller

Answer 394

A

12 am Sunday to 11:59 pm Saturday

Answer 395

A

hourly pay
bonuses
commissions
piece rates
shift differentials
meal and lodging allowances

Answer 396

A

Productivity bonuses, piece rates, or commissions
flat sum bonuses
salary

Answer 397

A

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

Answer 398

A

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

Answer 399

A

divide the salary by 40 hours

Answer 400

A

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

Answer 401

A

over 45 hours in a week or 9 hours in a day

when employed by third party eer, over 40 hours is OT

Answer 402

A

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

Answer 403

A

12

plus three hours free of duty during the 12 hour work time

Answer 404

A

an emergency

Answer 405

A

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

Answer 406

A

2/3 of the affected non exempt ees

Answer 407

A

1.5x for first 8 hours
2x over 8 hours

Answer 408

A

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

Answer 409

A

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

Answer 410

A

licensed
learned
artistic

Answer 411

A

$53.08

there is no salary requirement and they can be paid OT if eer chooses to

Answer 412

A

Outside sales

Answer 413

A

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

Answer 414

A

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

Answer 415

A

Yes, the only exemption is for OT

Answer 416

A

federal and state OT laws

Answer 417

A

nonexempt ees, exempt computer professionals, exempt inside salespersons

Answer 418

A

no more than 6 hours

Answer 419

A

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

Answer 420

A

They must receive one hour of pay at the regular rate for each day the meal period was not provided

Answer 421

A

4

must be taken in the middle of four hours

Answer 422

A

They receive a missed rest break premium of one-hour at the regular rate per day.

Answer 423

A

1.67 hours as long as they don’t work more than 10 hours in a day

10x10/60

Answer 424

A

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.

Answer 425

A

one hour of pay for each day it wasn’t provided

Answer 426

A

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

Answer 427

A

must disclose to applicants and ees the categories of personal information collected on them and the purposes for which they’ll be used

Answer 428

A

administering ee benefit plans
administering medical leaves
administering workers comp claims
if compelled by a subpoena or order of the court

Answer 429

A

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

Answer 430

A

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

Answer 431

A

Yes, if they appear impaired

Answer 432

A

Yes, as long as there is a reason to believe they were impaired

Answer 433

A

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

Answer 434

A

It prohibits the use, misappropriation, or disclosure of trade secrets. Provides a lawful means for eers to protect their trade secrets.

Answer 435

A

direct evidence of discrimination
disparate treatment
disparate impact

Answer 436

A

only if it is directed towards a protected class
is severe or pervasive
be unwelcome
a reasonable person must find it offensive

Answer 437

A

hostile environment
quid pro quo

Answer 438

A

a special education disability
a record of history of disability
a person is perceived as disabled
being associated with another person who is disabled

Answer 439

A

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

Answer 440

A

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

Answer 441

A

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

Answer 442

A

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

Answer 443

A

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

Answer 444

A

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

Answer 445

A

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

Answer 446

A

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

Answer 447

A

12 weeks

for a full time ee the 12 weeks = 60 eight hour working days.

Answer 448

A

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

Answer 449

A

on the first day of leave

Answer 450

A

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

Answer 451

A

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.

Answer 452

A

No. Only under CFRA can both parents take 12 weeks.

Answer 453

A

30 days if the leave is forseable

Answer 454

A

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

Answer 455

A

Yes, and at the eers expense, they can request a second or third opinion

Answer 456

A

The eer may cancel coverage after providing 15 days notice and issue a COBRA notice.

Answer 457

A

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

Answer 458

A

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

Answer 459

A

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.

Answer 460

A

Yes, up to a total of 480 hours per year for a full-time ee

Answer 461

A

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

Answer 462

A

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

Answer 463

A

4 weeks before delivery and 6 weeks after

Answer 464

A

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

Answer 465

A

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

Answer 466

A

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

Answer 467

A

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

Answer 468

A

For nonexempt, No

for exempt, if they don’t work at all for a period of one week then no

Answer 469

A

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

Answer 470

A

No, it’s just job protected

Answer 471

A

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

Answer 472

A

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

Answer 473

A

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

Answer 474

A

Internal HR professionals as long as they have experience conducting investigations

if hiring outside investigator, must be an atty or licensed private investigator

Answer 475

A

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

Answer 476

A

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

Answer 477

A

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

Answer 478

A

60 days

or 60 days of pay

Answer 479

A

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

Answer 480

A

pay and benefits up to a max of 60 days

Answer 481

A

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

Answer 482

A

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

Answer 483

A

communication
hazard assessment
accident/exposure investigation
hazard correction
training and instruction
recordkeeping

Answer 484

A

supervisors must conduct toolbox or tailgate safety meetings every 10 working days

Answer 485

A

11

must also retain training records for at least one year

Answer 486

A

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

Answer 487

A

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

Answer 488

A

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

Answer 489

A

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

Answer 490

A

nongovernmental eers of 11+ ees

Answer 491

A

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

Answer 492

A

8.5 hours in any workday or over 45 hours in any workweek

Answer 493

A

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.

Answer 494

A

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

Answer 495

A

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

Answer 496

A

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

Answer 497

A

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.

Answer 498

A

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.

Answer 499

A

Employees of commercial passenger fishing boats are exempt from overtime pay

Answer 500

A

Auto mechanics paid a flat rate for each assigned job are not exempt from overtime pay because flat-rate pay is not a commission

Answer 501

A

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

Answer 502

A

The later of 3 years from the date of hire or 1 year from termination

Answer 503

A

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.

Answer 504

A

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.

Answer 505

A

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.

Answer 506

A

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

Answer 507

A

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.

Answer 508

A

from February 1 to April 30

The annual summary must be completed even if no work-related injuries or illnesses occurred during the year.

Answer 509

A

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.

Answer 510

A

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

Answer 511

A

a Cal/OSHA program that identifies certain high hazard employers and requires them to pay a fee to fund a special inspection unit.

Answer 512

A

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.

Answer 513

A

If you disagree with the results of an inspection, you can appeal to the OSHAB within 15 working days

Answer 514

A

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.

Answer 515

A

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.

Answer 516

A

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.

Brainscape's Knowledge GenomeTM

Functional Area #1: Compensation Wage/Hour 21% Flashcards

Brainscape's Knowledge Genome^TM