Labor Code Flashcards
The labor Code of the state of california establishes the department of industrial relations. The function of this department is
-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
the department of industrial relations has as its main division
-the division of labor standards enforcement
-the division of labor statistics and research
-the division of workers compensation
the laws and regulations of the department of industrial relations
are enforced by the division of labor standards enforcement
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
-can recieve a fine and jail sentence
-may prosecute actions to enforce the labor code
-may inspect any place of employement
the division of labor standards enforcement is headed by the labor commissioner who is appointed by the governer. the labor commissioner and his deputies
-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
the division of labor statistics and research does
-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
any person or firm that refuses to furnish information requested or refuses to allow inspection of docks or premises by the department
-is guilty of a misdemeanor
-can be fines
-can recieve a jail term
if a contractor discharges an employee, that employee’s total wages are all due and payable
immediately after being fired
if an employee quits his job, that employees total wages are due and payable
within 72 hrs after quiting
in the event of a strike, all employees on strike must be paid any wages that are due
on the next payday
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
30 days
all wages that are due employees must be paid at least ____ or at more frequent intervals
twice a month
in a dispute between an employer and an employee about wages due, the employer
shall pay what he contends is due to the employee
an employer must
post a conspicous notice stating regular paydays with the time and place of payment
the employee will have deducted from his pay
income tax
according to the labor code, ____ hours constitues a days work
8
every person employed in any labor is entitled to a minimum of ____ days rest in every seven days
1
no employer shall have his employees work more than six days in seven except
-in the case of an emergency
-in the care and feeding of animals
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
21
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
30
the labor code states that an employer mst keep a record showing
-the names and addresses of all minor that he employs
-the ages of all minors that he employs
what percentage of an adult minimum hourly wage must be paid to a minor doing the same construction work
100%
an employee shall comply with all of the direction of his employer in his work except
-where such obedience is unsafe
-where such obedience is unlawful
-where such obendience is unreasonable
a contractor hiring a person does not have to have workers compensation insurance if the employee is hired for pay lass than
has to have workers comp no matter the pay
the employer may require the applicant for employment to
-cant require a polygraph, make employee pay for phisical examination, or indicate the record of arrest even though there was no conviction
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 lockout
what is the maximum number of working days an employer may have his employees work under normal working conditions
no more than 6 days out of 7 days
what is the minimum number of days rest an employer must give his employees
one days rest out of 7 days
what is the number of hours an employer may legally work an employee ina regular work day
8 hours
labor performed between the 1st and 15th days of any calendar month shall be paid for
between the 16th and 26th days of the same month
labor performed between the 16th and the last day of the month shall be paid for
between the 1st and 10th days of the next month
the labor commissioner and his deputies
may have free access to any place of employement
when working on a major construction project, a worker may be paid by
-cash
-cahiers check
-company check
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)
false
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)
False
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
-the polygraph is legal for any employee on a public works job
-the polygraph test cannot be required for employement in the private sector
working under a contract and bond to complete a swimming pool by a specified date, a contractor
-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
an employer is very unhappy with one of his employees who is constantly 10-15 minutes late for the work. the employer
may deduct 30 minutes wages from this employee each time he is late
if a strike or lockout occurs on a job, the contractor can
use his supervisory personnel to replace the workers who are on strike or locked out
if an employer is charged by the Department of Industrical relations and is convicted of a misdemeanor, he may be given
-a jail term of up to 6 months
-a fine of up to $50,000
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
no this is not legal, but he must require that a form I-9 be filled out by the applicat
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
mr thomas can require his employees to work overtime or he can terminate them if they refuse
what will occur if a contractor fires an employee and pays him with a bad check
the employee will accrue additional wages at the regular pay rate for up to 30 days until he is paid
