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CSLB Law and Business > Labor Code > Flashcards

Labor Code Flashcards

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1
Q

The labor Code of the state of california establishes the department of industrial relations. The function of this department is

A

-to foster, promote and develop the welfare of wage earner
-to investigate and mediate labor disputes
-to work toward better employer employee and union emplyer relationships

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2
Q

the department of industrial relations has as its main division

A

-the division of labor standards enforcement
-the division of labor statistics and research
-the division of workers compensation

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3
Q

the laws and regulations of the department of industrial relations

A

are enforced by the division of labor standards enforcement

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4
Q

any person that does not furnish information to the department or allow the department records or conditions or abide by the laws and regulations of the department

A

-can recieve a fine and jail sentence
-may prosecute actions to enforce the labor code
-may inspect any place of employement

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5
Q

the division of labor standards enforcement is headed by the labor commissioner who is appointed by the governer. the labor commissioner and his deputies

A

-may take assignment of wage claims and mechanis liens and collect as neccesary
-may prosecute actions to enforce the labor code
-may inspect any place of employment

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6
Q

the division of labor statistics and research does

A

-researches the condition of labor in the state
-collects and presents the labor statistics for review by interested parties
-conducts an annual survey of ethic derivation

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7
Q

any person or firm that refuses to furnish information requested or refuses to allow inspection of docks or premises by the department

A

-is guilty of a misdemeanor
-can be fines
-can recieve a jail term

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8
Q

if a contractor discharges an employee, that employee’s total wages are all due and payable

A

immediately after being fired

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9
Q

if an employee quits his job, that employees total wages are due and payable

A

within 72 hrs after quiting

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10
Q

in the event of a strike, all employees on strike must be paid any wages that are due

A

on the next payday

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11
Q

if a contractor willfully fails to pay any wages due to an employee who has been fired or who has quit, that employees wages shall continue at the same rate until he is paid for a maximum period of

A

30 days

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12
Q

all wages that are due employees must be paid at least ____ or at more frequent intervals

A

twice a month

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13
Q

in a dispute between an employer and an employee about wages due, the employer

A

shall pay what he contends is due to the employee

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14
Q

an employer must

A

post a conspicous notice stating regular paydays with the time and place of payment

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15
Q

the employee will have deducted from his pay

A

income tax

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16
Q

according to the labor code, ____ hours constitues a days work

A

8

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17
Q

every person employed in any labor is entitled to a minimum of ____ days rest in every seven days

A

1

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18
Q

no employer shall have his employees work more than six days in seven except

A

-in the case of an emergency
-in the care and feeding of animals

19
Q

an employer can require, under certain circumstances, his employees to work as many as ____ days after which they will be due to get the number of days off they would normally recieve in that period of time

A

21

20
Q

the minimum days of rest per week do not apply to any employer and employee if the total hours of employmnet do not exceed ____ hours in any week

A

30

21
Q

the labor code states that an employer mst keep a record showing

A

-the names and addresses of all minor that he employs
-the ages of all minors that he employs

22
Q

what percentage of an adult minimum hourly wage must be paid to a minor doing the same construction work

A

100%

23
Q

an employee shall comply with all of the direction of his employer in his work except

A

-where such obedience is unsafe
-where such obedience is unlawful
-where such obendience is unreasonable

24
Q

a contractor hiring a person does not have to have workers compensation insurance if the employee is hired for pay lass than

A

has to have workers comp no matter the pay

25
Q

the employer may require the applicant for employment to

A

-cant require a polygraph, make employee pay for phisical examination, or indicate the record of arrest even though there was no conviction

26
Q

if the employer does not permit 5 or more employees in a group to work due to a dispute in wages, benefits, working hours, working conditions, etc. it is considered:

A

a lockout

27
Q

what is the maximum number of working days an employer may have his employees work under normal working conditions

A

no more than 6 days out of 7 days

28
Q

what is the minimum number of days rest an employer must give his employees

A

one days rest out of 7 days

29
Q

what is the number of hours an employer may legally work an employee ina regular work day

A

8 hours

30
Q

labor performed between the 1st and 15th days of any calendar month shall be paid for

A

between the 16th and 26th days of the same month

31
Q

labor performed between the 16th and the last day of the month shall be paid for

A

between the 1st and 10th days of the next month

32
Q

the labor commissioner and his deputies

A

may have free access to any place of employement

33
Q

when working on a major construction project, a worker may be paid by

A

-cash
-cahiers check
-company check

34
Q

on a pubblic works project, a contractor cannot require his employees to take a lie detector test even if the contractor pays for it (T/F)

A

false

35
Q

on either a public works or a private project, it is illegal for a contractor to ask his employees if they have ever been conviceted of a crime (T/F)

A

False

36
Q

an employer has heard that a public works agency has used a polygraph test of its employees and had gotten good results. He would like to have his employees take a polygraph test

A

-the polygraph is legal for any employee on a public works job
-the polygraph test cannot be required for employement in the private sector

37
Q

working under a contract and bond to complete a swimming pool by a specified date, a contractor

A

-can require his workers to work 7 days instead of 5 in a work week
-can require his workers to work for 21 days in a row
-will have to pay overtime for all hours over 40 durring each week that workers are workign

38
Q

an employer is very unhappy with one of his employees who is constantly 10-15 minutes late for the work. the employer

A

may deduct 30 minutes wages from this employee each time he is late

39
Q

if a strike or lockout occurs on a job, the contractor can

A

use his supervisory personnel to replace the workers who are on strike or locked out

40
Q

if an employer is charged by the Department of Industrical relations and is convicted of a misdemeanor, he may be given

A

-a jail term of up to 6 months
-a fine of up to $50,000

41
Q

roger advertises in the local paper positions he has available, the pay and benefits and the name of his business. he recieves many calls and makes interview appointments. durring the interviews, can roger ask if the applicant is a citizen of the united states

A

no this is not legal, but he must require that a form I-9 be filled out by the applicat

42
Q

Mr. Thomas, a swimming pool contractor, has promised that he would complete a pool for mrs pardon in six weeks time. he has hired 3 new workers to work with his regular crew of 4 workers. he is behind schedule on the job and will be penalized $200 for each day he is late. He decided to work overtime and notifies his workers of his decision

A

mr thomas can require his employees to work overtime or he can terminate them if they refuse

43
Q

what will occur if a contractor fires an employee and pays him with a bad check

A

the employee will accrue additional wages at the regular pay rate for up to 30 days until he is paid

CSLB Law and Business (8 decks)

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