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A practice exam for farm labor contractors (flcs) in california, covering various regulations and requirements related to their operations. The exam covers topics such as employee rights, workplace safety, transportation, pesticide handling, and record-keeping. Detailed questions and answers on these topics, which could be useful for flcs or individuals preparing for an flc exam. The comprehensive nature of the content suggests this document could serve as study notes, lecture notes, or a summary for those seeking to understand the legal and regulatory framework governing flcs in california. The document's focus on practical knowledge and compliance makes it potentially valuable for flcs, university students, or lifelong learners interested in agricultural labor management and regulations.
Typology: Exams
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If only occurring outside of work hours and off of work sites, employers cannot be held legally responsible for a supervisor sexually harassing behavior toward a worker.* True or False - ANSWER-False Fruit picking equipment must* A.) not be of a material which can conduct electricity. B.) Not be open ended C.) Have tips painted red - ANSWER-A.) not be of a material which can conduct electricity. Long-handled tools may be used in place of short-handled for work that requires the employee to kneel, squat, or stoop.* True or False - ANSWER-False An FLC employer is responsible for any violations committed by their supervisory employees of federal labor law.* True or False - ANSWER-True Access to emergency medical services must be arranged for in advance by the* A) grower. B) property owner. C) field supervisor on duty. D) FLC.
E) any of the above. - ANSWER-D.) FLC Employees may be charged for rides to and from work if the rides are voluntary and if they may choose instead to drive their own vehicle to and from work.* True or False - ANSWER-True Employers must give employees a notice informing them of their disability insurance rights.* True or False - ANSWER-True A farm labor vehicle must be covered by property liability insurance for at least* A) $25, B) $50, C) $75, D) $100,000 - ANSWER-B.)$50, An FLC that applies pesticides under the direct instruction of a grower is covered by the grower's agricultural pest control applicator license.* True or False - ANSWER-False Employers are required to* A) have a written sexual harassment prevention policy. B) immediately investigate reports of harassment. C) contract with a third part to conduct harassment investigations. D) A & B E) all of the above. - ANSWER-D) A&B A farm labor vehicle must* A) display a safety inspection certificate inside the vehicle. B) carry a vehicle inspection certificate. C) be equipped with seatbelts for each passenger. D) all of the above. - ANSWER-D.) All of the above An FLC, FLCE, or supervisor must be driver authorized to transport workers unless*
A) the workers made the transportation arrangements of their own volition. B) the vehicle carries liability insurance over $100,000. C) they only transport immediate family members. - ANSWER-C.) they only transport immediate family members Payroll records must be kept for at least four years and shared with grower clients.* True or False - ANSWER-True The county agency which enforces the regulations issued by the Department of Pesticide Regulation is* A) County Health Department B) County Agricultural Commissioner C) Cal Environmental Protection Agency D) County Farm Advisor - ANSWER-B.) County Agricultural Commissioner An employer may not deduct from an employee's wages any amount to cover the cost of State Disability Insurance for that employee.* True or False - ANSWER-False In each county where an FLC has contracted with a grower, an FLC must register with the* A) Sheriff's Office B) County Agricultural Commissioner D) County Health Department E) All of the Above - ANSWER-B.) County Agricultural Commissioner Cal/OSHA is the sole agency responsible for the enforcement of health and safety standards in the workplace.* True or False - ANSWER-False Disciplinary action cannot be taken against an employee for* A) talking with other employees desired changes in working conditions. B) reporting to work late, but within 30 minutes of scheduled start time. C) demanding a higher wage for themself.
D) all of the above. - ANSWER-A.) Talking with other employees desired changes in working conditions. Employees can be required to provide their own tools when the employee* A) is a mechanic. B) is paid on a piece-rate basis. C) is paid at least twice the minimum wage. D) is employed full-time year-round by the same employer. - ANSWER-C.) is paid on a piece-rate basis A handwashing facility may not make use of* A) cloth towels. B) biodegradable soap. C) potable water. D) open air facilities. - ANSWER-A.) Cloth towels Employees with no previous similar or related experience can be paid* A) not less than 80% of minimum wage for the first 160 hours. B) not less than 85% of minimum wage for the first 150 hours. C) not less than 85% of minimum wage for the first 160 hours. - ANSWER-C.) Not less than 85% of minimum wages for the first 160 hours To operate housing for employees, how many days in advance must you must apply with the Department of Housing and Community Development?* A) 75 B) 60 C) 45 D) 30 - ANSWER-C.) 45 Handwashing and toilet facilities can be farther than a 5-minute walk or quarter- mile away when the terrain is too difficult for the vehicle to place them.* True or False - ANSWER-True Each employee must receive a written statement for each pay period including* A) the name and address of hiring business.
B) gross wages. C) all applicable pay rates. D) net wages. D) A & B E) all of the above. - ANSWER-E.) all of the above In remote work locations, there must be at least 1 person trained in first aid and CPR per* A) 5 employees. B) 20 employees. C) 25 employees. D) 20 employees per gender (male/female) - ANSWER-B.) 20 employees If you are uncertain when a pesticide was applied and when the REI ends you should* A) inquire with your field supervisor. B) have employees use additional personal protective equipment. C) keep your employees from entering the area until you have all the necessary information from the grower. - ANSWER-C.) Keep your employees from entering the area until you have all the necessary information from the grower. When an employee is admitted to the hospital for a work-related injury the employer must report to Cal/OSHA* A) within 1 business day. B) within 24 hours. C) within 12 hours. D) within 8 hours. - ANSWER-D.) within 8 hours When being transported between job sites employees may be compensated at 80% of minimum wage.* True or False - ANSWER-False An employer can require employees to remain on the premises during their unpaid 30-minute meal period.* True or False - ANSWER-False
The maximum allowable speed for a farm labor vehicle transporting workers in California is* A) 55 miles per hour. B) 65 miles per hour. C) The posted speed limit on the roadway. - ANSWER-A.) 55 miles per hour An FLC may not charge a fee for* A) accepting an application for employment. B) providing voluntary transportation to work. C) providing meals to employees. D) providing housing to employees. E) all of the above. - ANSWER-A.) accepting an application for employment Acting as a farm labor contractor without a license issued by the Labor Commissioner can result in an initial citation and penalty of $100 for each farmworker, plus $100 for each calendar day up to a total of* A) $5, B) $10, C) $20, D) $50,000 - ANSWER-B.) $10, A driver traveling only in California must rest 8 hours after __ hours of driving.* A) 6 B) 8 C) 10 D) 12 - ANSWER-C.) The minimum fine for not providing an adequate supply of toilet paper is* A) $ B) $ C) $ D) $1,000 - ANSWER-C.)$
Only when given direct instruction from the grower can an FLC remove the REI posting from a treated area.* True or False - ANSWER-False A minor may work near a moving tractor if they are 16 years of age or older.* - ANSWER-True An FLC may offer compensation or a "finders fee" to a grower's supervisor given the implications of a joint employment relationship.* True or False - ANSWER-False Minors under the age of 18 are not required to have a work permit when all of the work is only undertaken when school is not in session (e.g. summer vacation).* - ANSWER-False When transporting employees the following must be carried at all times* A) passenger vehicle endorsement. B) vehicle inspection certificate. C) Transportation Security Administration Assessment. D) farm labor vehicle operation certificate. E) A, B, & D - ANSWER-E.) A, B, & D An employee's wages may be paid by* A) direct deposit. B) check. C) cash. D) A & B. E) any of the above. - ANSWER-E.) any of the above Drinking water for employees must be* A) as close as possible to work area. B) cold with fresh ice. C) free from odors. D) all of the above. E) A & C - ANSWER-E.) A & C
If an employee shows signs of pesticide poisoning they should* A) be taken for medical attention immediately. B) take a rest break while monitored by a supervisor. C) be allowed to go home for the day. - ANSWER-A.) be taken for medical attention immediately A work permit cannot be obtained by anyone under the age of* A) 10 B) 12 C) 16 D) 18 - ANSWER-B.) 12 Miminum wage in California is $15.50 per hour* A) for all employers. B) for employers with 5 or more employees. C) for employers with 26 or more employees. - ANSWER-C. for employers with 26 or more employees Chemical toilet wastewater must be collected in a tank, while handwashing wastewater may drain openly as long as it does not cause contamination.* True or False - ANSWER-True An employer is required to pay the back wages when an employee was not paid their full wages as due, additional fees cannot be levied.* True or False - ANSWER-False Worker's compensation insurance is not required for part-time or seasonal employees.* - ANSWER-False When transporting sharp farm tools or equipment they must be* A) kept secure. B) stored separately from passengers. C) listed on the inventory. D) in a covered container. - ANSWER-D.) in a covered container
A farm labor vehicle transporting workers must have* A) a two-way communication radio. B) fresh potable water and disposable cups. C) a fire extinguisher and first-aid kit. D) all of the above. - ANSWER-C.) A fire extinguisher and first-aid kit California Code of Regulations Title 8 states that employer must provide shade for workers when the temperature is 85°F and above* True or False - ANSWER-False Before employees may enter a treated area you must* A) receive approval from the county health department. B) verify they were trained in pesticide safety within the last 12 months. C) fit test all for respirator use. D) post PSIS A-9 information. E) B & D F) B & C - ANSWER-E.) B & D The number of toilet and handwashing facilities required for a field crew with 13 males, 4 females, and 2 transgender individuals that identify as male is* A) 1 B) 2 C) 3 D) 4 - ANSWER-B.) 2 An employee has the legal right to make complaints about employer provided housing to* A) their employer. B) the landlord. C) the manager. D) Department of Fair Employment and Housing. E) Wage and Hour Division of the U.S. Department of Labor F) all of the above. - ANSWER-F.) all of the above
To cover the cost of workers' compensation insurance and FLC may charge* A) grower clients a fraction up to 100% of the cost. B) an employee up to 25% of the individual workers' compensation premium. C) none of the above. - ANSWER-A.) grower clients a fraction up to 100% of the cost In order for a minor to be employed a Statement of Intent to Employ Minor and Request for Work Permit must be completed with* A) the signature of the minor's parent or guardian. B) the signature of the minor. C) the nature and hours of the work to be performed. D) A & C E) all of the above. - ANSWER-E.) all of the above Food and housing can be counted as wages* A) if the employer and the employee have a written agreement. B) up to the amounts specified in the IWC orders. C) only if employees are under the H-2A or H-2B program. D) A & B - ANSWER-D.) A & B Which of these items is not required to be posted by an FLC?* A) IWC order. B) work schedules. C) transgender rights poster. D) statement of pay rates and pay day. E) Annual Summary of Work-Related Injuries and Illnesses - ANSWER-B.) work schedules After 90 days of employment employees are eligible for sick leave which is* A) a minimum of 3 days per year. B) available for sickness of employee or a family member. C) not paid out when employee is terminated. D) all of the above. - ANSWER-D.) all of the above
If employees arrive at the work site as scheduled, but are not put to work because of flooding no wages are due.* True or False - ANSWER-True When changing ownership of an FLC license the following must be notified* A) current employees. B) the County Health Department. C) independent contractors and service providers. D) the Labor Commissioner. - ANSWER-D.) the labor Commissioner If an FLC's supervisors assist with arrangements for an employee to ride to work with another employee, the FLC can be considered legally responsible for the safety of the vehicle.* True or False - ANSWER-True An employer who does not have workers compensation insurance can be fine up to* A) $500 per employee. B) $1,500 per employee. C) $4,500 per employee. - ANSWER-B.) $1,500 per emplyee In advance of contracting an employee you must divulge* A) where they will work and the approximate length of employment. B) the pay rates. C) any fees related to housing, transport, or other benefits. D) the crop(s) they will work with and what duties they will perform. E) all of the above. - ANSWER-E.) all of the above If an employee is injured and the employer is not insured the employer* A) may be fined $2,000-$10,000 for each employee. B) would be required to pay for the employee's treatment. C) would be required to pay any lost wages to the employee. D) B & C E) all of the above. - ANSWER-E.) all of the above
Employers must have workers compensation insurance only when they have five or more employees.* True or False - ANSWER-False The emergency exits of a farm labor vehicle do not need to be labeled in English if all persons riding in the vehicle can speak only Spanish.* True or False - ANSWER-False The following are considered legally protected groups except* A) ages 40 and above. B) marital status. C) gender nonconforming. D) breastfeeding. D) none of the above. - ANSWER-D.) none of the above Job applicants may be charged an application processing fee so long as it is disclosed in advance.* True or False - ANSWER-False An FLC cannot be held legally liable for actions of their supervisory employees if they have not yet completed all applicable training.* True or False - ANSWER-False For agricultural employers with more than 25 employees, they must pay an overtime premium of* A) one and one-half times their regular rate of pay (RRP) for hours worked over 8 in a workday. B) one and one-half times their RRP for all hours worked during the first eight hours of work on the seventh day of work in a workweek. C) twice their RRP for all hours worked over 12 in a workday. D) twice their RRP for all hours worked over eight on the seventh day of work in a workweek. E) all of the above - ANSWER-E. all of the above
An employer who provides housing to at least ___ employees must comply with the California Employee Housing Act.* A) 1 B) 3 C) 5 D) 10 - ANSWER-C.) 5 Drinking water must be dispensed in single-use cups or by fountains.* True or False - ANSWER-True Records of inspections and actions taken to correct hazards must be kept for three years.* True or False - ANSWER-True Any FLC employee with supervisory responsibilities must receive 2 hours of sexual harassment prevention training* A) immediately upon hire. B) every year. C) every two years. D) A & B E) A & C - ANSWER-B) every year. Personnel records must be kept for* A) four years. B) three years. C) two years. D) one year. E) Permanently. - ANSWER-B.) Three years Records of payments made to service providers must be kept for 8 years.* True or False - ANSWER-True When an FLC employee voluntarily quits, all wages are due* A) that same work day. B) within 72 hours.
C) on the designated pay day. - ANSWER-B.) within 72 hours Any additional deductions for benefits and employee services may be taken from employee pay so long as advance notice is provided by the employer.* True or False - ANSWER-False A farm labor vehicle driver must submit to and pass a physical medical examination at least every* A) year. B) two years. C) three years. D) time when working for a new employer. - ANSWER-B.) two years Every non-supervisory FLC employee must receive sexual harassment prevention training at time of hire.* True or False - ANSWER-True An employee can be terminated for submitting multiple harassment complaints.* True or False - ANSWER-False Farm labor vehicles must be inspected and receive a safety certificate from the* A) California Highway Patrol. B) County Agricultural Commissioner. C) California Deparment of Motor Vehicles. D). Cal/OSHA. - ANSWER-A. California Highway patrol Sexual harassment can be committed through* A) physical actions. B) the internet. C) body language or gestures. D) stalking outside of work. E) any of the above. - ANSWER-E.) any of the above As part of the Injury and Illness Prevention Program, employers must have a system for receiving anonymous health and safety reports.*
True or False - ANSWER-True Before employees enter a field the FLC must ensure they understand the following for any pesticides applied* A) the name and safety precautions. B) the date of application and REI. C) potential for reactivity. D) A & B E) all of the above. - ANSWER-D.) A & B Employees working as shepherds must be provided with* A) weekly mail service. B) an appropriate communication device such as radio or telephone. C) access to housing (fixed or mobile). D) all of the above. - ANSWER-D.) all of the above A farm labor vehicle for 15 or fewer passengers must be covered for personal injury for at least $30,000/60,000.* True or False - ANSWER-False To enter an area during an REI employees must* A) wear appropriate PPE. B) receive training on pesticide safety, hazards, and first aid. C) receive training on heat-related illnesses. D) A & B E) all of the above. - ANSWER-E. All of the above Under the California Employee Housing Act, the following must be posted:* A) a list of occupants. B) information on who maintains the housing. C) emergency exit signage in English and other langauges employees can understand. - ANSWER-B.) Information on who maintains the housing A man may be paid more than a woman for performing the same job if the pay rate is based on*
A) a merit system based on quality. B) a merit system that measures quantity. C) a seniority system. D) any of the above. E) none of the above. - ANSWER-D.) any of the above If an employee's mistake causes a tool to malfunction or be lost, the replacement value can be deducted from the employee's paycheck.* True or False - ANSWER-False Employees must be given a rest break of at least 15 minutes for every four hours of work or a major fraction thereof.* True or False - ANSWER-False An FLC license may be revoked for* A) violating state or federal laws governing farm labor contractors. B) changing conditions under which the license was issued. C) selling alcoholic beverages as part of the FLC business. D) allowing an employee to drive a farm labor vehicle without proper license/certification. E) all of the above. - ANSWER-E.) All of the above When an FLC employee is laid off or terminated wages are due within 24 hours.* True or False - ANSWER-False Payroll and employee information is confidential and should not be shared with growers.* True or False - ANSWER-False Employers with fewer than 5 employees are not required to have a written injury and illness prevention program.* True or False - ANSWER-False An employee may waive their meal period if* A) stipulated in the employee handbook.
B) the employee and employer both agree. C) the workday can be completed in 6 hours or less. D) if the employee is paid above minimum wage. E) B & C - ANSWER-E. B & C FLC employees must be paid at least* A) biweekly. B) weekly. C) once every two weeks. D) twice per month. - ANSWER-B.) weekly Under piece-rate employees do not need to be compensated for non-productive time so long as they meet or exceed the minimum hourly wage.* - ANSWER-False Serious injuries or death need to be reported to* A) workers compensation insurance carrier. B) Cal/OSHA. C) local police. D) California Division of Labor Statistics and Research. E) California Census of Fatal Occupational Injuries. F) A & B G) All of the above. - ANSWER-G.) all of the above