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PHRca > Train Me Today Content > Flashcards

Train Me Today Content Flashcards

1
Q

Alternative Workweek

A

A method of scheduling work that
allows employees to work a standard
workweek over less than a five day
period with a number of California
requirements.

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2
Q

Asbestos Notification Act

A

The California
Act,
effective January 1, 1989, applies to
the owners of buildings constructed
prior to 1979. It requires building
owners who know that the building
hasasbestos-containingconstruction
materials to notify co-owners,
employees, lessees, and tenants of
the presence of asbestos in the
building.

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3
Q

Senate Bill 1343

A

Requires anti-harassmenttraining
every two years for all employees
employed by employers with five or
more employees, and all government
municipalities.

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4
Q

California Database Protection Act of
2003

A

California passed the
that
requires any person, agency, or
organization that is doing business in
California to notify any affected
persons should such a database
breach occur

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5
Q

California Family Rights Act

A

Requires employers with 5 or more
employees to provide 12 weeks of
leave for bonding with a newborn or
adopted child, caring for a family
member with a serious health
condition, and/or caring for the
employee’s own serious health
condition.

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6
Q

California Labor Commissioner

A

Sets and enforces rules for wages,
deductions, vacation, jury/witness
duty, meal and rest periods, temporary
military leave, the workweek, minors,
employee access to personnel files,
discrimination, exempt status,
independent contractors and more

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7
Q

California Uniform Trade Secrets Act

A

Protects only certain defined trade secrets,
that is information, including a formula,
pattern, 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 its disclosure or
use, and is the subject of efforts that are
reasonable under the circumstances to
maintain its secrecy.

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8
Q

Cal-COBRA

A

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

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9
Q

Cal/OSHA

A

California Occupational Safety and
Health Administration provides
assistance to employers and workers
about workplace safety and health
issues in California approved by Fed
OSHA

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10
Q

Cal WARN

A

California has a similar law to the
federal WARN act that provides more
protection than the federallaw.

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11
Q

Wage Claim Adjudication

A

Settles wage claims on behalf of
workers for claims of unpaid wages,
overtime, or vacation pay.

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12
Q

Department of LaborStandards
Enforcement

A

Also referred to as the Labor
Commissionerensuresallemployees
are appropriately paid for the work
that they complete within the State of
California

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13
Q

Bureau of Field Enforcement

A

Investigates and enforces statutes
covering Workers’ Compensation
insurance coverage, child labor, cash
pay,unlicensedcontractors,Industrial
Welfare Commission orders, and
group minimum wage and overtime
claims

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14
Q

Public Works

A

Investigates andenforces statutes
covering private contractors with
regards to prevailing wage law

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15
Q

Retaliation ComplaintInvestigations

A

Investigates complaints alleging
discriminatory retaliation in the
workplace

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16
Q

Judgement Enforcement

A

Enforces judgements for unpaid
wages and penalties.

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17
Q

Licensing and Registration

A

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

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18
Q

Legal Unit

A

Represents the DLSE in all legal
matters

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19
Q

De Novo Appeals

A

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.

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20
Q

Amicus Briefs

A

Legal documents filed in appellate
court cases by non-litigants with a
strong interest in the subject matter

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21
Q

Industrial Welfare Commission

A

Established in 1913 to regulate wages,
hours, and working conditions in the
State of California

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22
Q

IWC Orders

A

Industrial Welfare Commission

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23
Q

DLSE

A

Department of LaborStandards
Enforcement

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24
Q

Wage Order 4

A

Professional, Technical, Clerical,
MechanicalandSimilarOccupations

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25
Q

Wage Order 1

A

Manufacturing Industry

26
Q

Wage Order 2

A

Personal Services Industry

27
Q

Wage Order 3

A

Canning,Freezing, andPreserving
Industry

28
Q

Wage Order 5

A

Public Housekeeping Industry

29
Q

Wage Order 6

A

Laundry, Linen Supply, Dry Cleaning
and Dyeing Industry

30
Q

Wage Order 7

A

Mercantile Industry

31
Q

Wage Order 8

A

Industries Handling Products After
Harvest

32
Q

Wage Order 9

A

Transportation Industry

33
Q

Wage Order 10

A

Amusement and Recreation Industry

34
Q

Wage Order 11

A

Broadcasting Industry

35
Q

Wage Order 12

A

Motion Picture Industry

36
Q

Wage Order 13

A

Industries Preparing Agricultural
Products for Market on the Farm

37
Q

Wage Order 14

A

Agricultural Occupations

38
Q

Wage Order 15

A

Household Occupations

39
Q

Wage Order 16

A

Certain On-Site Occupations in the
Construction, Drilling, Logging and
Mining Industries

40
Q

Wage Order 17

A

Miscellaneous Employees

41
Q

Sheepherders

A

Shall be provided with regular mail
service,radio and/ortelephone, visitor
access to fixed site housing and when
practicable to mobile housing

42
Q

Ski Establishment

A

Allowed a regularly scheduled
workweek of not more than forty-eight
(48) hours during any month of the
year when related business activities
are actually being conducted

43
Q

Nonexempt Employees

A

Protected under the IWC orders and
are eligible for overtime pay, meal and
rest breaks and minimumwage

44
Q

Exempt Employees

A

Must be paid at least two (2) times the
minimum wage in a weekly salary
calculation.

45
Q

Administrative Exemption

A

Employee’sdutiesandresponsibilities
generally involve performing office or
non-manual work related to
management policy or business
operations; exercises discretion and
independent judgement; performs
under general supervision; and earns
a normal salary of at least two (2)
times the state minimumwage

46
Q

Executive Exemption

A

Employee’sduties andresponsibilities
generally involve the management of
the organization; regularly directs the
work of two (2) or more employees;
has the authority to, or whose
suggestions are used to, hire and/or
fire employees; exercises discretion
and independent judgment; and
earns a normal salary of at least two
(2) times the state minimum wage

47
Q

Professional Exemption

A

Employee is licensed by the State of
California and practicing in one of the
following: law, medicine, dentistry,
optometry, architecture, teaching, or
accounting; whose occupation is
commonly recognized as a learned or
artistic profession; whose duties and
responsibilities generally exercise
discretion and independent judgment;
required to be: 1) Advanced knowledge in
their field; or
2) Original or creative work; and 3)
Predominantly intellectual andvaried; and
earns a normal salary of at least 2 times
minimum wage.

48
Q

Outside Sales Person

A

Employee must be at least eighteen
(18) years of age; must regularly work
more than fifty percent (50%) of their
time away from the employer’s place
of business; and whose duties and
responsibilities must generally be
engaged in selling or obtaining orders
for products, services, or facility use

49
Q

Commissioned Inside SalesEmployee

A

Employee must earn more than one
and one half (1.5) times the state
minimum wage; and more than half
(1/2) of the employee’s compensation
must be in commissions to be exempt
from California overtime requirements.

50
Q

Minor

A

Anyone under the age of 18

51
Q

Unpaid Intern

A

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

52
Q

Independent Contractor

A

Provides goods or services to another
entity under terms specified in a
written contract or verbal agreement

53
Q

Wages

A

“All amounts for labor performed by
employees of every description,
whether the amount is fixed or
ascertained by the standard of time,
task, piece, commission basis, or
other method of calculation.”

54
Q

Prevailing Wage

A

Organizations that do business with
government entities are required to
pay employees engaged in particular
crafts a , which in
many instances is well above the
minimum wage

55
Q

Living Wage

A

Employers who contract with certain
cities or counties are required to pay
their employees a higher than
minimum wage rate for all work
conducted for the specific contract.

56
Q

Learners

A

New workers that have no experience
or skill for a specific position may be
paid no less than eighty-five percent
(85%) of the minimum wage for the
first one hundred and sixty (160)
hours of work.

57
Q

Licenses for Disabled Workers

A

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

58
Q

Camp Counselors

A

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

59
Q

DIR

A

Department of Industrial Relations

60
Q

Rest Break

A

All nonexempt employees are entitled
to one ten minute for
ever four (4) hours.

61
Q

Meal Break

A

All nonexempt employees are entitled
to one thirty minute
for any work
period that is more than five hours
long.

PHRca (2 decks)

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