Study Cards for All Subject Matters Flashcards
Senate Bill 1343
Requires anti -harrassment training every 2 years for all employees. Employers who have 5+ employees
Asbestos Notification Act
On January 1, 1989, applies to the owners of buildings constructed prior to 1979. It requires building owners who know that the building has asbestos-containing construction materials to notify co-owners, employees, lessees, and tenants of the presence of asbestos in the building.
CA Database Protection Act of 2003
Requires any person, agency or organization that doing business in CA to notify any affected person should such database breach occur
CFRA
Requires employers with 5 of more employees to provide 12 weeks of leave for bonding with newborn or adopted child, caring for a family member with a serious health condition, and /or caring for employee own serious health condition
CA Labor Commissioner
Sets and enforces rules for wages vacation jury /witness duty meal and rest periods temporary military leave minors access to employee files discrimination exempt status independent contractor
CA Uniform Trade Secrets Act
Protect only define trade secrets - Formulas, patterns, compilation, program device, method, technique, or process that derives independent economic value, actual or potential from not being generally known to the public or to other persons who can obtain economic value from the disclosure. Efforts that are reasonable under the circumstances to maintain its secrecy.
Cal Cobra
California Continuation of Benefits Replacement Actrequires California insurance carriers and HMOs to provide COBRA like coverage for employees of smaller employers (2-19 employees) not subject to COBRA.
CAL WARN
California has a similar law to the
federal WARN act that provides more
protection than the federal law.
75 employees
the layoff of 50 within a 30 day period
Wage Claim Adjudication
Settles wage claims on behalf of
workers for claims of unpaid wages,
overtime, or vacation pay.
Department of Labor Standards
Enforcement= Labor Commissioner
Ensures all employees are appropriately paid for the work that they complete within CA
Bureau of Field Enforcement
Investigates and enforces statutes covering Workers’ Compensation insurance coverage, child labor, cash pay, unlicensed contractors, Industrial Welfare Commission orders, and group minimum wage and overtime claims.
Public Works
Investigates and enforces statutes
covering private contractors with
regards to prevailing wage law.
Retaliation Complaint Investigations
Investigates complaints alleging
discriminatory retaliation in the
workplace
Judgment Enforcement
Enforces judgments for unpaid
wages and penalties.
Licensing and Registration
Processes licenses and registration for farm labor contractors, garment contractors, car washes, studio teachers, talent agencies, special minimum wage workers, shelter workshops, industrial homework, and individuals using minors in door-todoor sales. Also issues work permits for minors as well as employer permits to employ child entertainers
Legal Unit
Represents the DLSE in all legal
matters.
De Novo Appeals
An appeals court hearing that looks at the trial court's record to determine the facts, but rules on the evidence and matters of law without giving deference to that court's findings.
Amicus Briefs
Legal documents filed in appellate
court cases by non-litigants with a
strong interest in the subject matter.
Industrial Welfare Commission (IWC Orders)
Established in 1913 to regulate wages,
hours, and working conditions in the
The state of California.
Unpaid Intern
The trainees or students do not displace regular employees, but work under their close observation and the employer derives no immediate advantage from the activities of trainees
Independent Contractor
Provides goods or services to another
an entity under terms specified in a
a written contract or verbal agreement.
Prevailing Wage
Organizations that do business with government entities are required to pay employees engaged in particular crafts a , which in many instances are well above the minimum wage
Living Wage
Employers who contract with certain cities or counties are required to pay their employees a higher than the minimum wage rate for all work conducted for the specific contract.
Learners
New workers that have no experience or skill for a specific position maybe paid no less than eighty-five percent (85%) of the minimum wage for the first one hundred and sixty (160) hours of work.
Licenses for Disabled Workers
Nonprofit organizations, such as shelters and rehabilitation centers, can apply for a special license to allow them to hire numerous individuals without having to apply for a specific license each time.
Camp Counselors
Must receive at least eighty-five
percent (85%) of the minimum wage
for a forty (40) hour week, regardless
of the number of hours they work
Adoption Process - Alternative Process
After the proposal meeting, the
employer must conduct a secret ballot
vote of the affected work group(s).
