Wage and Hour CA Flashcards
On Call -A firefighter stays at the fire house in-between emergency calls. The city will pay the firefighter for the time spent at the fire house. This is an example of what type of pay?
The fire fighters are waiting to go to work. Since they are under the control of the organization, they are to be paid for being on-call.
The correct answer is: On-call time
All employers are required to provide their employees with:
24 hours, or 3 days, of paid sick leave annually
Make Up Time
Makeup time must be requested by the employee. Makeup time cannot require an employee to work more than 11 hours in one workday, or 40 hours in one workweek. Requests for makeup time must be in advance and in writing. Employees must use makeup time within the same workweek as the needed time off.
Sheepherders work order 14
Employers are required to provide their sheepherders with regular mail service; an appropriate form of communication to allow them to communicate with employers, health care providers, and government regulators; and visitor access to fixed-site housing and, when practical, to mobile housing.
Vacation
Vacation must be accrued
Vacation must be paid out at termination
Employers can limit accrual and carryover amounts
Employers are allowed to require vacation requests to be approved in advance and can limit the amount and timing of vacations taken.
Paystub
Inclusive dates of pay period, name and address of company, net wages earned, sick time accrued and unused
Overtime
All time worked on the seventh consecutive workday worked unless the employee has not worked more than 30 hours in the work week
All time worked over 8 hours in one workday
All time worked over 40 hours in one workweek
Payroll Deductions
Employers are permitted to make payroll deductions for garnishments, income tax, and health insurance contributions.
An employee arrives at work for their scheduled shift and informs the supervisor that they are quitting. When MUST the organization provide the final paycheck?
Within 72 hours of being notified
An employee classified as exempt under the Professional exemption MUST meet which of the following requirements?
Professional exemption would require a professional credential, certificate or license granted by the state.
Reportig Time
An employer is required to compensate an employee for reporting time when they are sent home after reporting to work; as long as there is not an Act of God, a utility failure outside of the employers control, if the employer has been threatened, or if the employer was required to cease operations by any local, state, or the federal government.
An exempt employee’s salary cannot be reduced except for:
Pay for the initial or the final week of work
An employer is not permitted to deduct pay from an exempt employee for poor performance, disciplinary action, or the unavailability of work.
Travel Time
traveling from work on company business during their normal working hours.
Labor Code Section 203 provides for the assessment of a penalty against the employer
when there is a willful failure to pay wages due to the employee at the conclusion of the employment relationship.
An organization requires employees to meet at a Park & Ride to take the shuttle to work. The law requires the employee be paid:
At least minimum wage for the entire travel time.
The company’s workweek runs Sunday-Saturday. A nurse works a regular 40-hour week Monday through Friday, then covers an eight-hour shift on Saturday and a 10-hour shift on Sunday. At which point must the employee be paid double-time?
Double time must be paid for any hours worked over eight on the seventh consecutive day worked in one workweek or over 12 in one workday. If an organization does not specify its own workday or workweek, the Department of Industrial Relations will assume an employer’s workday is from 12:01 am. to 12:00 midnight, and their workweek runs from Sunday through Saturday. So in this case, there is not a 7th consecutive day worked.
The correct answer is: No double-time pay is required
California law allows that split-shift differential is paid to employees at a minimum of:
One hour of pay at the state minimum wage.
Split-shift pay is paid at the state minimum wage.
Commission agreements need to:
All commission agreements need to be printed and signed by both the employer and the commissioned employee.
Employees under the age of 18 are required to have a work permit unless:
An employee who is under the age of 18 does not need a work permit if they are a high school graduate.
Employers are required to keep information on all employees related to
Employers are required to keep full name, address, occupation, and social security number; minor designation (if applicable); start and end times of each shift; time of meal periods, split shifts, and hours worked; total wages per pay period; total hours worked, with applicable rates of pay, for each pay period; production records for piece-rate (if applicable); and full list of deductions made per pay period.
How many IWC Wage Orders are enforced under the DLSE?
17
If an organization wanted to implement an alternative workweek, which of the following would it need to do?
Organizations must conduct a vote of affected employees, and at least two-thirds of the affected employees have to elect the alternative work schedule.
In contrast to federal law, which of the below related to minimum wage is illegal under California law?
Averaging
Nonexempt employees have the ability to:
Employees have the right to waive the mandated meal period if they do so at their own request, and in writing.
The correct answer is: waive their meal period if they will work less than six-hours in the workday.
Organizations are required to provide employees with itemized wage statements that MUST include:
All applicable hourly rates during the pay period.
Organizations that do business in a city/county with a living wage are required to:
The city or county living wage prevails over the state minimum wage, as long as the living wage is higher than the state’s minimum wage.
Split-shift differential pay is owed to employees who:
The other answers do not refer to someone who is working a split-shift, and therefore the employees in these situations would not be eligible for split-shift pay.
The correct answer is: Work a shift in the morning, leave, and then return to a shift in the afternoon for the same organization.
The IWC Wage Orders govern which of the following?
Minimum wage that each nonexempt employee can be paid.
Upon involuntary termination of employment, an organization is required to give the employee which of the following?
A booklet explaining state unemployment benefits
Wage Order #17 covers:
Miscellaneous employees
What is covered by Wage Order #1?
Manufacturing
When an employee gives two weeks notice of intention to resign, final pay must be given:
The employee must receive all wages due on their final day of employment.
When calculating overtime, the organization MUST include time for an employee who works 40 hours a week and:
When the employee arrives at work for mandatory training, it is considered work time and therefore, must be included in the evaluation of the need for overtime pay.
When reimbursing employees for using their personal vehicles, employers can use all of the below methods except:
Employers need to ensure that their reimbursement rate includes all gas costs while conducting business, as well as a portion of all maintenance costs for the vehicle.
Which division of the DLSE woudl handle a wage claim against an organization?
Wage Claim Adjudication
Which is illegal rounding up?
To the nearest 1/3rd of anhour
Rest and Meals Breaks
a. One 10-minute rest break for every 4 hours
c. Two 30-minute lunch breaks for workdays between 10 and 12 hours
d. One 30-minute lunch break for workdays over 5 hours
Compensatory Time Off
Illegal in CA execept in limited circumtances
Exempt
Prfessional, Executive & Adminstrative
Wages
Commission, Bonus and OT not any reimbusement
Wage Orders
Exempt Statu, Minimum wage and Meals periods
Minimum Wage
The labor commissioner can allow an organization to pay below minimum wage for some disabled employees.
Wage Claim Adjudication
Asjudicates on behalf of the workers for claims unpaid wages, overtime, and vacation pay
Bureau of Field Enforcement
Investigated and enforces statutes covering Worker Comp insurance coverage, child labor, and overtime claims
Public Works
Investigates and enforces statutes covering private contractors with regard to prevailing wage law
Retaliation Complaint Investigations (RCI)
Investigates complaints alleging discriminatory retaliation in the workplace
Judgment Enforcement
Enforces judgments for unpaid wages and penalties
Licensing & Registration
Process licenses and registration for farm labor, garment contractors, car washes, studio teachers and talent agencies, and minor permits
Legal Unit
Represents worker in De NOVO new appeals affirmative when an employer refuses to comply. files debarments actions, files retaliation complaints, enforce subpoenas, inspection warrants
Wage Order 1, 2 & 3
- Manufacturing
- Personal Service Industry
- Canning, freezing, and preserve industry
Wage Order 4, 5 & 6
- Professional, Technical, Clerical, Mechanical, and Similar Occupation
- Public Housekeeping
- Laundry & Linen
Wage Order 7, 8 & 9
- Mercantile Industry
- handling after harvest
- Transportation Industry
Wage Order 10, 11 & 12
- Amusement & Recreational Park
- Broadcasting
- Motion picture
Wage Order 13, 14 & 15
- Agriculture for Market to the Farm
- Agriculture occupations
- Household Occupations
Wage 16 & 17
- Construction, drilling. logging, mining
17. Miscellaneous
