Labor Code Flashcards
Except in cases where a different punishment is described, every offense declared by the Labor Code to be a misdemeanor is punishable by imprisonment in a county jail, not exceeding six months, or by a fine or both.
True (23)
Any person or agent or officer thereof, who refused admission to the Labor Commissioner or his deputy or agent, is guilty of a misdemeanor punishable by a fine.
True (90)
There is in the Division of Industrial Safety, the Industrial Safety Board which consists of the Director of Industrial Relations who shall be the chairman and four members who shall be appointed by the Governor.
True (140)
The Division of Industrial Safety shall enforce all safety orders adopted by the Industrial Safety Board, and those theretofore adopted by the Industrial Accident Commission.
True (142)
If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable within 72 hours.
False
An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. (201 and 227.3)
An employer who lays off a group of employees by reason of the termination of seasonal employment in the curing, canning or drying of any variety of perishable fruit, fish or vegetables, shall be deemed to have made immediate payment when the wages of said employees are paid within such reasonable time as may be necessary for computation and payment thereof; provided however that such reasonable time shall not exceed 7 days.
False
The reasonable time shall not exceed 72 hours, and further provided that payment shall be made by mail to any employee who so requests and designates a mailing address therefore. (201)
If an employee not having a written contract for a definite period quits his employment, his wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his intention to quit, in which case the employee is entitled to his wages at the time of quitting.
True (202)
If an employer willfully fails to pay any wages of an employee who is discharged or who quits, the wages of such employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but such wages shall not continue for more than 30 days.
True (203.1)
Semi-monthly wages are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays, but in no case shall labor performed between the 1st and the 15th inclusive, be paid after the 26th day of the month during which the labor was performed.
True (204)
If an employer in the building and construction industry pays an employee in the regular course of employment a check or voucher which is subsequently refused payment because the employer has insufficient funds in his account at the time of presentation, so long as the same is presented within 30 days of receipt by the employee of the check or voucher, such wages or fringe benefits or both, shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced; but such wages and fringe benefits shall not continue for more than 30 days.
True (203.1)
Weekly paid employees shall be paid no later than 7 days after their regular work week in a dispute over wages between an employer and an employee, the employer is not required to pay any amount until instructed to do so by the Labor Commissioner.
True (204B)
In the event of a strike, all unpaid wages are paid on the first payday after the strike is settled.
False
The unpaid wages earned by striking employees shall become due and payable on the next regular pay day. (209)
In certain inaccessible areas of the state, which are “company towns”, script, coupons, cards or other things redeemable in merchandise may be issued in lieu of wages.
False
No person, or agent or officer thereof, shall issue in payment of wages due, or to become due, or as an advance on wages to be earned any script, coupon, cards, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money. (212)
An employer may guarantee the payment of bills incurred by an employee for the necessities of life or for the tools and implements used by the employee in the performance of his duties.
True (213)
8 hours of labor constitute a days’ work and neither employer nor employee can change this.
False
Overtime (510)
In a dispute over wages between an employer and an employee, the employer is not required to pay any amount until instructed to do so by the Labor Commissioner.
False
The employer shall pay, without condition and within the time set by this article, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed. (206)
Every person employed in any occupation of labor is entitled to one days’ rest therefrom in seven.
True (551)
No employer shall cause his employees to work more than six days in seven.
True (552)
In each calendar month an employee shall receive days of rest equivalent to one days’ rest in seven.
True (554)
An employer may prevent an employee from becoming a candidate for public office as a matter of company policy.
False
No employer shall make, adopt, or enforce any rule, regulation, or policy:
(a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. (1101)
