Download PHRca 2021---------------------PHRca 2021 and more Exams Advanced Education in PDF only on Docsity!
PHRca 2021
Alternative Workweek - correct answer A method of scheduling work that allows employees to work a standard workweek over less than a 5 day period with a number of CA requirements. Senate Bill 1343 - correct answer Requires anti-harassment training every 2 years for all employees employed by employers with 5 or more employees, and all government municipalities. Asbestos Notification Act - correct answer The _______________________________ Act, effective 01/01/89, applies to the owners of buildings constructed prior to 1979. 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 Family Rights Act - correct answer 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. CA Labor Commissioner - correct answer 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. California Uniform Trade Secrets Act - correct answer 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.
Cal-COBRA - correct answer 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. Cal/OSHA - correct answer California Occupational Safety and Health Administration provides assistance to employers and workers about workplace safety and health issues in California approved by Fed OSHA. Cal WARN - correct answer California has a similar law to the federal WARN act that provides more protection than the federal law. Wage Claim Adjudication - correct answer Settles wage claims on behalf of workers for claims of unpaid wages, overtime, or vacation pay. Department of Labor Standards Enforcement - correct answer Also referred to as the Labor Commissioner ensures all employees are appropriately paid for the work that they complete within the State of California. Bureau of Field Enforcement - correct answer 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 - correct answer Investigates and enforces statutes covering private contractors with regards to prevailing wage law. Retaliation Complaint Investigations - correct answer Investigates complaints alleging discriminatory retaliation in the workplace. Judgement Enforcement - correct answer Enforces judgements for unpaid wages and penalties. Licensing and Registration - correct answer Processes licenses and registration for farm labor contractors, garment contractors, car washes, studio teachers, talent agencies, special minimum wage workers, shelter workshops, industrial homework,
Wage Order 7 - correct answer Mercantile Industry Wage Order 8 - correct answer Industries Handling Products After Harvest Wage Order 9 - correct answer Transportation Industry Wage Order 10 - correct answer Amusement and Recreation Industry Wage Order 11 - correct answer Broadcasting Industry Wage Order 12 - correct answer Motion Picture Industry Wage Order 13 - correct answer Industries Preparing Agricultural Products for Market on the Farm Wage Order 14 - correct answer Agricultural Occupations Wage Order 15 - correct answer Household Occupations Wage Order 16 - correct answer Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries Wage Order 17 - correct answer Miscellaneous Employees Sheepherders - correct answer Shall be provided with regular mail service, radio and/or telephone, visitor access to fixed site housing and when practicable to mobile housing Ski Establishment - correct answer 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
Nonexempt Employees - correct answer Protected under the IWC orders and are eligible for overtime pay, meal and rest breaks and minimum wage Exempt Employees - correct answer Must be paid at least two (2) times the minimum wage in a weekly salary calculation. Administrative Exemption - correct answer Employee's duties and responsibilities 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 minimum wage. Executive Exemption - correct answer Employee's duties and responsibilities 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. Professional Exemption - correct answer 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 and varied; and earns a normal salary of at least 2 times minimum wage. Outside Sales Person - correct answer 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 Commissioned Inside Sales Employee - correct answer 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.
Workday - correct answer Any consecutive twenty-four(24) hour period commencing at the same time each calendar day. Workweek - correct answer Any seven (7) consecutive days, starting with the same calendar day each week. Department of Industrial Relations - correct answer DIR Rest Break - correct answer All nonexempt employees are entitled to one ten minute for ever four (4) hours. Meal Break - correct answer All nonexempt employees are entitled to one thirty minute for any work period that is more than five hours long. Adoption Process - correct answer After the proposal meeting, the employer must conduct a secret ballot vote of the affected work group(s). Overtime - correct answer In the State of California, is any work outside of eight hours in one work day and forty hours in any one work week. Blended Rates - correct answer When employees are employed by the same company in two distinct jobs with differing pay, or receive variable rates for different work conducted, the overtime rate will be calculated using a weighted average of the regular rate of pay for that pay period (whether weekly or biweekly). Split-Shift - correct answer When an employer requires their employee to work two distinct shifts in one workday that are separated by more than one hour On Call Pay - correct answer If the employee is required to remain on the employer's premises or the employee's ability to conduct personal business is impacted such as they need to be able to report to the workstation with thirty minutes of receiving a call, then they are expected to be compensated for this time.
Reporting Time Pay - correct answer When an employee reports to work pursuant to their schedule and there is no work for the employee to complete, so is sent home, or there is not enough work to complete the employee's shift. Travel Time Pay - correct answer Nonexempt employees that are required to travel are entitled to pay for the time spent traveling. Commission Pay - correct answer Compensation linked to the amount of sales a particular employee generates, or helps to generate, for an organization. Advance, Draw or Guarantee - correct answer An amount of money that is paid to a commissioned employee on a regular basis; per California law, at least twice per month. Forfeiting Commissions - correct answer In the event all items sold are not completed; whether on the employee's side or by virtue of the client not completing necessary criteria. Tip or Gratuity - correct answer Money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons. Paid Sick Leave - correct answer All employers to provide all employees with at least three days of paid sick leave annually. California Fair Pay Act - correct answer Prohibits employers from paying any employee a wage rate that is less than a wage rate paid for equal work performed by members of the opposite sex. Cheerleaders - correct answer California is the first state to make it illegal for teams to treat as independent contractors in order to keep them ineligible for minimum wage or other worker protections. Vacation and Paid Time Off - correct answer Once offered, under California law, and are considered forms of wages and therefore need to be accrued, as well as paid out at the time of termination.
Department of Fair Employment and Housing - correct answer The mission of this department is to protect Californians from employment, housing and public accommodation discrimination, and hate violence. DIR - correct answer Department of Industrial Relations Fair Employment and Housing Act - correct answer Prohibits harassment and discrimination in employment in California. Prohibited Employment Practices - correct answer Under FEHA, employers are prohibited from making an employment decision or taking adverse action against any employee or job applicant because of a protected status of that individual. Religious Observance - correct answer California case law has clarified that this duty may extend to include observances an employee simply prefer to follow or attend and that an employer should generally avoid inquiry into whether a is required. Sexual Harassment Training - correct answer Employers with five or more employees must provide at least two hours of effective interactive training and education regarding sexual harassment to all supervisory employees every two (2) years and one hour to all employees. Sexual Harassment is Forbidden by Law - correct answer All employees must receive from their employer a copy of this DFEH pamphlet or an equivalent document upon hire and a copy of the employer's anti harassment policy. Abusive Conduct - correct answer All California employers are required to include with their sexual harassment prevention training this topic. Pregnancy Leave - correct answer Required only when a woman is actually disabled by her pregnancy, childbirth, or a related medical condition. Essential Function of the Job - correct answer All employees must be able to perform the.
Three Years - correct answer Complaints of discrimination must be filed with the DFEH within from the date of the alleged discriminatory act. Right to Sue Notice - correct answer The Fair Employment and Housing act requires that individuals must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a from the Department before filing a lawsuit under the FEHA. California Labor Code Section 132a - correct answer California law states "there should not be discrimination against workers who are injured in the course and scope of their employment". Online Privacy Protection Act - correct answer Generally applies to websites that actively seek information from visitors, such as the data used to complete an online employment application OPPA - correct answer Online Privacy Protection Act Investigative Consumer Reporting Agencies Act - correct answer Employers may use reference checks and background investigations to screen applicants in accordance with the ____________________________. California Constitution Article 1 - correct answer "...All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." Social Security Number - correct answer In California it is against the law to post or display and employee's _____________________. Video Event Recorders - correct answer For employers who employ drivers, California law permits employers to monitor driver performance through the use of with special provisions.
employment restrictions, or where the conduct involves independent wrongful acts to the detriment of the former employer. Uniform Trade Secrets Act - correct answer Protects only certain defined trade secrets, that is, information, including a formula, pattern, compilation, program, device, method, technique or process that meets certain criteria UTSA - correct answer Uniform Trade Secrets Act Good Faith and Fair Dealing - correct answer In every contract or agreement made in California there is an implied promise of _____________________ Work Permit - correct answer Employers must have a for each employed minor on file and available for inspection by school and labor officials at all times. Entertainment Work Permit - correct answer There are two (2) types available; the standard six (6) month and a ten (10) day Temporary Entertainment Work Permit. State Contracts - correct answer They are required to maintain a drug-free workplace, follow certain anti-discrimination requirements, and abide by all applicable wage and hour laws. Sweat Free Code of Conduct - correct answer All contractors or subcontractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, equipment, materials, or supplies (other than procurement related to a public works contract) for the state of California, will sign a statement under penalty of perjury to abide by California anti-discrimination. Employment Development Department - correct answer Deals with unemployment, state disability, workforce investment, and labor market information programs as well as collects and audits payroll taxes. New or Rehired Reports - correct answer Employers are required to provide this report to the EDD's New Employee Registry within twenty (20) days from their start date.
English Only Policies - correct answer ____________________________ prohibit the use of other languages in the workplace and they are illegal in California unless certain conditions are met, including business necessity and employee notice. Private Attorney General Act - correct answer Aggrieved employees are able to sue their employer with certain protections. Domestic Partnership - correct answer A legal relationship available to all same-sex couples, and opposite-sex couples. Protection for Political Involvement - correct answer California employers cannot enforce any policy forbidding or preventing employees from engaging or participating in politics. California Security Breach Information Act - correct answer Requires any person, agency, or organization that is doing business in California to notify any affected persons should such a database breach occur. California Minimum Wage Poster - correct answer The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by applicants and employees where it may be easily read during the workday. Healthy Workplaces Healthy Families Poster - correct answer This poster advises employees of their sick leave rights under the new law. Safety and Health Protection on the Job - correct answer This poster explains the basic requirements and procedures for compliance with the state's job safety and health laws and regulations and covers what an employer must do, what an employer must not do, what to do when Cal/OSHA comes to the workplace and fines and penalties. It also provides contact information for Cal/OSHA representatives. Emergency Phone Number Poster - correct answer Organizations must post emergency phone numbers, including numbers such as 911, fire department and other emergency responders.
State Disability Insurance Pamphlet - correct answer Explains employee's obligation to pay State Disability Insurance and their rights to collect in time of their own illness or injury Paid Family Leave Pamphlet - correct answer Explains the employee's right to collect partial wage replacement through the SDI system during time away from work to bond with a newborn baby, adopted or foster child (both parents) or to care for a seriously ill parent, child, spouse or registered domestic partner. Notice to Employee on Withholdings - correct answer This form is to be sent to the Franchise Tax Board (FTB) if the employee claims more than 10 withholding allowances or the employee claims to be exempt from state or federal income tax withholding. New Hire COBRA Notification and HIPAA Notices - correct answer Advises new hires of their right to continue health care from their previous employer and their right to privacy regarding personally identifiable health information. Health Insurance Marketplace Coverage Options and Your Health Coverage - correct answer The separate forms are for companies that provide health insurance and for those that do not provide health insurance. Wage Theft Prevention Act - correct answer This form provides information about the new employee's wages and employer. For Your Benefit Pamphlet - correct answer Provides information on Unemployment Insurance, Disability Insurance, Paid Family Leave, and Job Service benefits available to the employee HIPP Notice - correct answer A California program that requires all employers to provide exiting employees with notice of a state program that pays COBRA payments under certain circumstances. Covered California - correct answer Small California employers with one to forty-nine full time equivalent employees can purchase health insurance through a Small Business Health Options Program (SHOP).
70% of their employees participating in Covered California - correct answer Small businesses need to have at least in order to purchase their coverage as the employer, and need to have at least 51% of its workforce located in the State of California. California Insurance Equality Act - correct answer Requires all health insurance providers to extend coverage to registered domestic partners as it does to spouses. Thirty-six months of coverage continuation - correct answer Under Cal-COBRA, employees are offered up to , where COBRA offers may be limited to only eighteen (18) months. COBRA coverage for at least five (5) years - correct answer Cal-COBRA allows employees who are at least sixty (60) years old and have worked at least five (5) years with their last organization to _______________________. Twelve Weeks of Unpaid Job Protected Leave - correct answer Under CFRA, eligible employees are entitled to for their own serious health condition, to care for a family member's serious health condition, or to bond with a newborn, a newly adopted, or newly placed foster child. Not covered under CFRA - correct answer Under California law, pregnancy disability, which is covered by FMLA) is not covered by CFRA, since California has Pregnancy Disability Leave (PDL) The first twelve (12) months of birth or placement - correct answer Employees utilizing time to bond with a new child (biological, adoptive, or foster) must use their available CFRA leave within __________. Two week increments - correct answer Under CFRA, employers may require that an employee take new child bonding in __________________. However, they must allow two (2) instances where they allow time to be taken in less than two (2) week increments. Under FMLA, employers have greater liberty to require employees to take time in specific increments.
Not Reasons for Disability Discrimination - correct answer 1) There is a possibility of future harm to the person or to others 2) That employing individuals with a disability will cause an employer's insurance rates to rise First Step in the Complaint Process for Discrimination - correct answer Submit the Complaint to the DFEH. Employees who feel that they have experienced unlawful harassment or discrimination, and have exhausted the available remedies through their employer, if applicable, can submit their complaint online, over the phone, in person, or through the mail. Close the case. - correct answer If the investigation does not show a violation of the law, the DFEH will Conciliation - correct answer If the investigation does show a violation of the law, it will attempt to settle the case using a formal process. Whistle Blower Protection - correct answer When adverse action is taken against and employee for reporting information that is either a violation of state or federal law, or noncompliance with local, state, or federal regulation Valid - correct answer To avoid running afoul FEHA laws, an employer must be able to show that the particular pre-employment test is (i.e., has a manifest relationship to the employment position). DOSH - correct answer Division of Occupational Safety and Health Division of Occupational Safety and Health - correct answer The California Division of Occupational Safety and Health (DOSH) is commonly (although incorrectly)referred to as Cal/OSHA. DOSH sets the standards for workplace safety in California. Title 8 of the California Code of Regulations - correct answer Requires every California employer to have an effective Injury and Illness Prevention Program.
General Industry Safety Orders - correct answer The purpose of the is to fulfill the expressed social public policy of the State of California to make full provision for securing safety in places of employment. GISO - correct answer General Industry Safety Orders California Department of Industrial Relations - correct answer ____________________ improves conditions for California's workers and advances opportunities for employers. DIR has four divisions and six commissions, boards and programs. Cal/OSHA Appeals Board - correct answer This board handles appeals from employers regarding citations issued by DOSH for alleged violations of workplace safety and health laws. California Occupational Safety and Standards Board - correct answer The standards- setting body under Cal/OSHA and has the authority to grant or deny applications for variances from adopted standards and respond to petitions for new or revised standards. Governor's Office of Emergency Services - correct answer Generally the lead state agency for emergency management in California. Employee Safety Responsibilities - correct answer Comply with all Cal/OSHA rules, regulations and standards, follow all lawful employer safety and health rules and use all required personal protective equipment while working. Targeted Inspection and Consultation Program - correct answer A Cal/OSHA program that identifies certain high-hazard employers and requires them to pay a fee to fund a special inspection unit. Cal/OSHA also offers other consultation services to help businesses avoid investigations and costly fines TICP - correct answer Targeted Inspection and Consultation Program Injury and Illness Prevention Program - correct answer Outlines steps that can be taken to develop an effective program that helps assure the safety and health of employees while on the job.
