Download California Labor Laws: A Comprehensive Guide to Wage and Hour Regulations and more Exams Finance in PDF only on Docsity!
PHRca exam with correct answers
What are the federal wage and your laws in California called? - CORRECT ANSWERS ✔✔Fair labor standards act Who are the California labor laws governed by? - CORRECT ANSWERS ✔✔Department of industrial relations labor enforcement task force? Which takes precedence, CA state or federal labor laws? - CORRECT ANSWERS ✔✔Whichever is most generous What is the main purpose of DLSE? - CORRECT ANSWERS ✔✔Ensure that all employees are appropriately paid for work completed in the state of California How many district units are in DLSE? - CORRECT ANSWERS ✔✔Seven How many IWC wage orders are there? - CORRECT ANSWERS ✔✔17 & must be posted for employees to see & read Who is protected in IWC wage orders? - CORRECT ANSWERS ✔✔Nonexempt
Exempt employees in California must be paid at least ___ times the minimum wage in weekly salary expectations - CORRECT ANSWERS ✔✔Two A worker can only classified as an independent contractor if... ( things) - CORRECT ANSWERS ✔✔A. The worker is free from control and direction in the performance of services. B. The worker is performing work outside the usual course of the business of the hiring company C. The worker is customarily engaged in an independently established trade, occupation, or business What is an independent contractor? - CORRECT ANSWERS ✔✔A person business or corporation that provides goods or services to another entity under terms specified in written contract or verbal agreement What is the main purpose of the division of labor standards enforcement (DLSE)? - CORRECT ANSWERS ✔✔To ensure that all employees are paid for work completed in the state of CA What is the DSLE responsible for? (7 items) - CORRECT ANSWERS ✔✔1. Wage claim adjudication (WCA)
- Bureau of Field Enforcement
- Public works
Heather the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation How does CA define labor? - CORRECT ANSWERS ✔✔Labor, work or service whether rendered or performed under contract, subcontract, partnership, station plan or other agreement if the labor to be paid for is performed personally by the person demanding payment Any violation of wage and labor laws is subject to fines & penalties that have to be paid... - CORRECT ANSWERS ✔✔Within 30 days past the date wages were due What are the different parts of total wages? (4 things) - CORRECT ANSWERS ✔✔Base comp Premium pay Shift differentials Specific compensation for specific employer requirements What is the minimum wage in CA? - CORRECT ANSWERS ✔✔$
- annual basis that is updated Jan of each year How is federal minimum wage different in CA? - CORRECT ANSWERS ✔✔California does not allow averaging when calculating minimum wage. Regardless of the wage earned in a specific hour
How does CA define a living wage? - CORRECT ANSWERS ✔✔Is the minimum income necessary for a person to meet there basic needs. A standard that a person working 40 hours a week with no additional income should be able to afford basic quality of life,. Examples - needs, food, shelter, utilities, etc. How does CA define prevailing wage? - CORRECT ANSWERS ✔✔Basic hourly rate, usual benefits and overtime pay on public workers projects (construction is an example, airports, fire stations, local school districts, etc) How does CA define overtime? - CORRECT ANSWERS ✔✔Anything over 8 hours in one workday 40 hours in any workweek In CA can you require mandatory overtime? - CORRECT ANSWERS ✔✔Yes Exception to the overtime law? - CORRECT ANSWERS ✔✔If there is a valid adopted alternative workweek schedule (nurses) 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? - CORRECT ANSWERS ✔✔On-call time
Employers are permitted to make payroll deductions for... ( things) - CORRECT ANSWERS ✔✔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? - CORRECT ANSWERS ✔✔Within 72 hours of being notified An employee classified as exempt under the Professional exemption MUST meet which of the following requirements? - CORRECT ANSWERS ✔✔Perform primary duties requiring a license or certification by the state. 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... (4 things) - CORRECT ANSWERS ✔✔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: - CORRECT ANSWERS ✔✔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. To ensure that employers comply with the laws governing the payment of wages when an employment relationship ends, Labor Code Section 203 provides for the assessment of a penalty against the employer - CORRECT ANSWERS ✔✔When there is a willful failure to pay wages due to the employee at the conclusion of the employment relationship. California law allows that split-shift differential is paid to employees at a minimum of: - CORRECT ANSWERS ✔✔One hour of pay at the state minimum wage. Commission agreements need to: - CORRECT ANSWERS ✔✔Be signed by the employer and the employee How many IWC Wage Orders are enforced under the DLSE? - CORRECT ANSWERS ✔✔ 17 If an organization wanted to implement an alternative workweek, which of the following would it need to do? - CORRECT ANSWERS ✔✔Obtain an approval by at least two-thirds of the affected employees.
Upon involuntary termination of employment, an organization is required to give the employee which of the following? - CORRECT ANSWERS ✔✔A booklet explaining state unemployment benefits Wage Order #17 covers: - CORRECT ANSWERS ✔✔Miscellaneous employees Wage Order #17 covers all employees that are not specifically covered in any of the other Wage Orders. What is covered by Wage Order #1? - CORRECT ANSWERS ✔✔Manufacturing When an employee gives two weeks notice of intention to resign, final pay must be given: - CORRECT ANSWERS ✔✔On the final day of employment for the employee. Employers need to ensure that their reimbursement rate includes all gas costs while conducting business, as well... - CORRECT ANSWERS ✔✔as a portion of all maintenance costs for the vehicle. Employers are allowed to round to the nearest... - CORRECT ANSWERS ✔✔5 minutes, 1/10th of an hour, or 1/4th of an hour.
Which of the below rest and meal breaks is not required under California law? - CORRECT ANSWERS ✔✔One 60-minute lunch break for workdays over 8 hours All required lunch breaks are only required to be__ minutes long.
- CORRECT ANSWERS ✔✔ 30 Which of the following describes an alternative workweek? - CORRECT ANSWERS ✔✔An alternative workweek consists of four days that are 10 hours in length. Which of the following is not an exemption test when determining status? - CORRECT ANSWERS ✔✔Hourly Employees can fall under the (6 things) - CORRECT ANSWERS ✔✔Administrative, Executive, Professional, Computer Professional, Outside Salesperson, or Commissioned Inside Sales Employee exemptions. Which of the following is not considered wages? - CORRECT ANSWERS ✔✔Mileage reimbursement
What act do employers who use electronic technologies need to be careful with the data? - CORRECT ANSWERS ✔✔The California Online Privacy protection act (OPPA) Upon a reasonable request, employers ____ provide a "pay scale" for the position to an applicant - CORRECT ANSWERS ✔✔Must What are the three ways to demonstrate validity with background checks & testing? (3 things) - CORRECT ANSWERS ✔✔1. Specify the trait or characteristics that the test is supposed to identify
- Ensure that the trait is an important component of the job
- Ensure the test actually predicts or correlates with that element A California organization must pay employees at least - CORRECT ANSWERS ✔✔whichever is the best for the employee. According to the Private Attorney Generals Act, employees may recover for an organization's failure to - CORRECT ANSWERS ✔✔Maintain proper employment records A current employee of the organization has sent a letter to the organization's customers stating that she is leaving the organization and providing her contact information. Can the organization successfully sue under California law? - CORRECT ANSWERS ✔✔No, if the other information provided consists only of new contact information
A job candidate completes an application, is interviewed but not hired. Their application must be retained for - CORRECT ANSWERS ✔✔three years from the action regarding the applicant. All of the following individuals are covered under Workers' Compensation in California except: - CORRECT ANSWERS ✔✔independent contractors Do small employers qualify for kin care? - CORRECT ANSWERS ✔✔No, Small employers do not qualify for Kin Care California imposes which of the below limitation on new child bonding leave? - CORRECT ANSWERS ✔✔Time off can be required in 2-week increments; except must be allowed shorter time frames on at least 2 occasions Claims of retaliation against employees who report illegal activities of an organization are investigated by - CORRECT ANSWERS ✔✔Division of Labor Standards Enforcement Each new employee must be reported to the EDD no later than how many days after the employee starts work? - CORRECT ANSWERS ✔✔20 days
expressly protect individuals from: - CORRECT ANSWERS ✔✔Labor conditions with exposure to risk of heat illness The California Corporate Criminal Liability Act of 1989 impacts employers over and above OSHA regulations by - CORRECT ANSWERS ✔✔Providing for more executive personal accountability, substantial fines and penalties The weekly benefit amount (WBA) is approximately XX-XX% (depending on income) of wages earned 5 to 18 months prior to the claim start date up to the maximum weekly benefit amount. Participants may receive up to 52 weeks of Disability Insurance (DI) benefits. The daily benefit amount is calculated by dividing the weekly benefit amount by seven. - CORRECT ANSWERS ✔✔60 to 70 percent Under Whistleblower laws, an employer may: - CORRECT ANSWERS ✔✔not prevent an employee from disclosing information regarding an employer violating a state or federal statute What does the Health Insurance Premium Payment (HIPP) Notice inform employees about? - CORRECT ANSWERS ✔✔HIPP informs employees of the possibility of continued health insurance coverage at the state's expense. What does Cal WARN stand for? - CORRECT ANSWERS ✔✔California Worker Adjustment and Retraining Notification
What is the basis for determining eligibility for a pregnant employee under the Pregnancy Disability Leave provisions of California law? - CORRECT ANSWERS ✔✔Company size What is the lead state agency for emergency information? - CORRECT ANSWERS ✔✔Governor's Office of Emergency Services (OES) What is the primary source underlying an employees right to privacy in the State of California? - CORRECT ANSWERS ✔✔The California Constitution What items are required in an Ergonomic Program? - CORRECT ANSWERS ✔✔Worksite evaluation, control of exposures that have caused RMIs, and training of employees. Which compensation system pays an employee based on the number of units produced? - CORRECT ANSWERS ✔✔Piece rate What is required in a termination notice in California? - CORRECT ANSWERS ✔✔HIPP notice Cobra rights notice Change of status notice Which of the following is true regarding the relationship between PDL with FMLA and CFRA? - CORRECT ANSWERS ✔✔PDL & CFRA can run separately up to around seven months of leave
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. - CORRECT ANSWERS ✔✔California Database Protection Act of 2003 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 - CORRECT ANSWERS ✔✔California family rights act 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. - CORRECT ANSWERS ✔✔California Labor Commissioner 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. - CORRECT ANSWERS ✔✔California Uniform Trade Secrets Act California Continuation of Benefits Replacement Act requires California insurance carriers and HMOs to provide COBRA like
coverage for employees of smaller employers (2-19 employees) not subject to COBRA. - CORRECT ANSWERS ✔✔Cal-COBRA California Occupational Safety and Health Administration provides assistance to employers and workers about workplace safety and health issues in California approved by Fed OSHA. - CORRECT ANSWERS ✔✔Cal/OSHA California has a similar law to the federal WARN act that provides more protection than the federallaw. - CORRECT ANSWERS ✔✔Cal WARN Settles wage claims on behalf of workers for claims of unpaid wages, overtime, or vacation pay. - CORRECT ANSWERS ✔✔Wage claim adjudication Also referred to as the Labor Commissioner ensures all employees are appropriately paid for the work that they complete within the State of California. - CORRECT ANSWERS ✔✔Department of Labor Standards 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. - CORRECT ANSWERS ✔✔Bureau of Field Enforcement
