HRCI PREP TEST Q Flashcards

1
Q

What lawful deduction may an employer take?

A

Health and welfare or pension costs The law forbids employers from taking payroll deductions to cover lost or stolen company equipment as it is an inevitable business expense. An employee is legally entitled to be reimbursed for all business-related expenses. If an employer requires the use of uniforms, they must provide the uniforms to the employee and cannot deduct that cost from payroll.

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2
Q

Q. What payroll deductions may be executed without an employee’s consent?

A

Garnishment _Labor Code Section 351 prevents employers from collecting gratuities from employees. The loss of a laptop or any company equipment is considered an inevitable business expense and may not be taken from an employee’s payroll. An employer may not deduct for a replacement security badge, as it is a required item for an employee to wear. The employer must absorb the cost of the item.

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3
Q

Temp assignment over 90 days

A

The temporary employer may pay weekly, if the assignment is over 90 consecutive calendar days. Temporary agencies must pay in no less than weekly increments.

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4
Q

Non-exempt - What happens if they don’t take a lunch?

A

A non-exempt employee is required to take a minimum of a 30 minute, unpaid meal break. If the employee does not take the required break, the employer is obligated to pay a “penalty” to the employee of 1 additional hour at the regular rate of pay.

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5
Q

Split Shift

A

The employee would only be eligible for the additional hour if they are paid at minimum wage.

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6
Q

How many hours per week can an employee work before they must have a 24-hour period off-duty?

A

According to Wage Order 4, non-exempt employees falling under this wage order must not be terminated or disciplined for refusing to work more than 72 hours in a work week.

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7
Q

According to the IWC wage orders, the term uniform is best described as apparel:

A

of distinctive design and color.

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8
Q

Q. An employer and employee may apply for a special license that allows for the payment of wages to an employee below minimum wage for a worker:

A

With a disability

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9
Q

security guard making $14.00 per hour driver making $11.00 per hour. 40 hours as a security guard and 2 hours as a driver. If the overtime hours only applied to the time worked as a driver, what would be the hourly rate of overtime pay?

A

When an employee has 2 rates of pay, the weighted average must be calculated as follows: $14/hr × 40 = 560; $11 × 2 = 22; 560 + 22 = 582; 582/42 = 13.86; 13.86/2 = 6.93; Applying the weighted average to the driving time ($11/hour) 11 + 6.93 = 17.93.

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10
Q

Employers are prohibited from attempting to deter a union-organizing campaign with:

A

money received from the state.

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11
Q

What is the maximum number of hours a minor between the ages of 14-15 may work as a sports attendant during the school year?

A

When school is not in session, the minor may work up to 40 hours per week. When school is in session, a minor may only work up to 3 hours during a school day - up to a total of 18 hours in a week.

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12
Q

Under AB 1825 supervisor sexual harassment training regulation, attorneys would most often be considered which of the following?

A

Subject Matter Experts AB 1825 regulations state who can be considered SME’s. Attorney’s are qualified as SME’s, and therefore can conduct the training.

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13
Q

Employees Request to Review Payroll Reports

A

Labor Code section 1198.5 (m) states that an employer must comply with a request to reivew personnel and payroll files within a set amount of time. Failure to comply could result in fines up to $750.

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14
Q

Employers are required to retain job applications for:

A

Employers must retain job applications for candidates not selected for a position for at least 3 years.

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15
Q

In most cases, payment of temporary disability benefits is limited to what amount of time from the date of first payment?

A

The workers’ compensation regulations state that in most cases, temporary disability benefit payments typically do not last more than 104 weeks or 2 years from the date of the first payment.

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16
Q

Once a chemical is listed on the Proposition 65 list, an employer has how many months to comply with warning requirements?

A

Proposition 65 is administered by the Office of Environmental Health Hazard Assessment, and describes how employers must communicate hazard warning requirements to employees. The warning can be provided in several ways, by label, sign postings or publishing notices in a newspaper. Once a chemical is added to the list, the employer has 1 year (12 months) to provide the warning to employees.

17
Q

California Public Record Act Personal Files belong to

A

Employees may request a copy of, or review their personnel file, but the actual personnel file remains property of the employer.

18
Q

A CA employer may restrict an employee from disclosing

A

( Proprietary Information)
An employee may discuss an employers working conditions, wages or bonus income with other employees, as these actions are protected activities.

19
Q

What might constitute retaliation under FEHA?

A

An employee is demoted after filing a complaint with the Department of Fair Employment and Housing.

20
Q

Filing a complaint is a protected activity under FEHA

A

Retaliation occurs as a response to a protective activity. A candidate not hired due to the results of a background check may constitute discrimination, not retaliation. An employee filing a claim after a demotion is not retaliation by the employer. An employee is within rights to file a lawsuit after recieving a right-to-sue letter, again this is not retaliation by the employer.

21
Q

If an employer has set up a medical provider network, an employee injured on the job cannot see a doctor of their own choosing:

A

unless the employee has predesignated a primary physician as their doctor.

22
Q

Kin Care leave allows employees to use up to half of their annual sick leave to care for:

A

Labor Code 245.5 specifically defines the details for what and whom paid sick leave may be used for. The key in the answer options, is the word only. Answer option A is the best answer, because a “family member” can include a child, legal guardian (parent), spouse, registered domestic partner, grandparent, grandchild or sibling.

23
Q

A pregnant employee uses 4 months of PDL and is no longer disabled due to pregnancy. How much additional time can she take to bond with her newborn baby?

A

Under the California Family Rights Act (CFRA), a new parent may use up to 12 weeks of protected time for the bonding of a newborn. CFRA does not have to run concurrently with PDL.

24
Q

In the state of California, what type of disability is presumed to be total in character?

A

Insanity

The California Labor code defines insanity as one of 4 reasons an individual would be considered totally disabled.

25
Q

In most cases, payment of temporary disability benefits is limited to what amount of time from the date of first payment?

A

The workers’ compensation regulations state that in most cases, temporary disability benefit payments typically do not last more than 104 weeks or 2 years from the date of the first payment.

26
Q

As a result of a post-accident drug test for a work-related injury, an employee is terminated for being under the influence. How should the injury be recorded?

A

The termination is related to the injury; therefore, the number of days the employee would have been away from work due to the injury must be estimated and entered on the Cal-OSHA Form 300. The key to this question was the indication that it was a work-related injury and such injuries are required to be entered on the Cal-OSHA Form 300.

27
Q

A medical provider network (MPN) is a group of healthcare providers who treat workers injured on the job and is:

A

The Department of Workers’ Compensation (DWC) has a direct relationship with a medical provider network (MPN). By definition, the MPN is an entity or group of health care providers, set up by an insurer or self-insured employer, and is approved by the DWC’s administrative director to treat workers injured on the job.

28
Q

According to the California Hazard Communication Regulation, why must employers use Material Safety Data Sheets?

A

Material Safety Data Sheets (MSDS) serve to protect employees from the hazards of dangerous chemicals. According to the California Hazard Communication Regulation, employers can use the information contained on a MSDS to educate employees on hazards that are associated with chemicals that are located in their specific workplaces.

29
Q

The Injury and Illness Prevention Program (IIPP) requires:

A

An organization may use a safety committee, certified employees or a suggestion box as part of their safety procedures. However, an IIPP only requires prompt investigation of accidents.