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PHRCA CHAPTER 1: COMPENSATION AND WAGE
The Department of Labor Standards Enforcement (DLSE) is a division of the department of Industrial Relations. What is the main role for the DLSE? - Answers - Enforcing California Wage and Hour Laws
Adjudicates wage claims on behalf of workers for claims of unpaid wages, overtime or vacation. What is the name of this department? - Answers -Wage Claim Adjudication
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. What is the name of this department? - Answers -Bureau of Field Enforcement
This department investigates and enforces statues covering private contractors with regards to prevailing wage laws. - Answers -Public Works
This department investigates complaints alleging discriminatory retaliation in the workplace. - Answers -Retaliation Complaint Investigations
This department enforces judgements for unpaid wages and penalties. - Answers - Judgement enforcement
This department provides licensing and registration for organizations that must have licenses to be in business. - Answers -Department of Licensing and Registration
This department represents legal cases. - Answers -Legal
Legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. These briefs advise the county of relevant, additional information or arguments that the courts might wish to consider. What are they called? - Answers - Amicus Briefs
Explain Orders 4 and 7 Variables to the Overtime rules. - Answers -1. The employee's earning exceed 1.5 times the state minimum wage; and 2. At least 50 % of the employee's total compensation is from commission.
What is a living wage? - Answers -A wage that is high enough to maintain a normal standard of living.
Why must employers define the word day and work week? - Answers -In order to calculate overtime.
When must a rest period be taken? - Answers -All nonexempt employees are entitled to one (1) ten (10) minute rest break for every four (4) hours worked , and two (2) ten (10)
minute rest breaks for an eight (8) hour workday. The rest of the break(s) should fall as close to the middle of the work day, or in the middle of each four hour period if working full-time. Employees whose shifts are completed within three 1/2 hours are not entitled to a rest break. These rest periods are compensated time and should not be deducted from an employee's earnings.
Describe the Adoption Process for an Alternative Workweek. - Answers -1. Written proposal to the affected group
- Hold meeting(s) to discuss how the proposed change will affect their wages, hours, and benefits
- Secret ballot vote
- Register the Alternative Workweek with the DIR within thirty (30) days
Describe the Repeal Process - Answers -1. 1/3rd of affected employees by the Alternative Workweek repeal the schedule.
- Secret ballot vote (2/3rd of the affected employees vote in favor of the repeal)
- Employer must comply within sixty (60) days.
California Overtime Rules (5) - Answers -1. Hours worked over eight hours in one day (1.5 times)
- Hours worked over forty hours in one workweek (1.5 times)
- The first eight hours worked on the seventh consecutive workday in the workweek
- Hours worked over twelve hours in one workday: double-time
- Hours worked over eight hours on the seventh consecutive workday in the workweek: double-time
What is On-Call Pay? - Answers -Organizations that require their employees to be on- call during off hours may be required to compensate them for their time. But to determine if this time is compensable, we need to look at the degree to which the employee's freedom is restricted during this time. If the employee is required to remain on the employer's premises or the employee's ability to conduct personal business is impacted by the on-call work (such as they need to be able to report to the workstation within thirty minutes of receiving a call), then they are expected to be compensated for this time. On-call time may be compensated at a rate less than the employee's regular rate of pay, but not less than minimum wage.
What are the four exceptions to Reporting Time? - Answers -1. Acts of God
- Utility failure
- Employee threatened
- Employer required to cease operations by a local state or federal government
How does Makeup Time work? - Answers -Employees are allowed to request makeup time if they are unable to work a full shift under certain circumstances. This time needs to be requested in writing and in advance by the employee, and needs to be completed within the same workweek as the time off. An employer may inform an employee of this option, but may not encourage or solicit the employee to utilize makeup time. It is the
What is a nonexempt employee? - Answers -Compensated by the hours, must be payed at least minimum wage, receive overtime over 8 hours in one day, covered by all meal and rest break rules in the IWC orders
Who needs a Child Labor Work Permit? - Answers -Anyone under age 18 who has not yet graduated from high school
What is an Independent Contractor? - Answers -A person, business, or corporation that provides goods or services to another entity under terms specified in a written contract or verbal agreement. Employers need to be careful when classifying individuals that are conducting business for them to ensure they are correctly classifying them as an independent contractor. Because contractors are not employees, many state and federal laws do not apply when dealing with the compensation owed for the work performed. Therefore, an incorrect classification can result in fines, penalties, and unpaid wages.
What is Minimum Wage? - Answers -The lowest amount of compensation an employer can offer an employee to perform work, with few exceptions.
What is prevailing wage? - Answers -The hourly wage, usual benefits and overtime, allegedly paid to the majority of workers, laborers, and mechanics within a particular area. _________ are established by regulatory agencies for each trade and occupation employed in the performance of public work, as well as by State Department of Labor or their equivalents.
Describe Vacation and PTO rules - Answers -Vacation and PTO are considered wages under California law and therefore must be accrued to show earnings.
Must be payed out at the time of termination.
Good vacation policies provide a reasonable cap on vacation accrue and allow a reasonable carry over from year to year.
It is also ok to pay out earned vacation at the end of each year.
What is a De Novo Appeal? - Answers -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.
What is AB 202? - Answers -This bill requires all cheerleaders for the state's professional sports teams to be reclassified as team employees, guaranteeing workers protection such as fair pay, overtime, and sick leave. CA is the first state to make it illegal for teams to treat cheerleaders as independent contractors in orders to keep them ineligible for minimum or other worker protections.
What is SB 3? - Answers -Minimum Wage Increase - On April 4, 2016 CA enacted a new minimum wage increase structure that will increase the minus wage from the January 2016 amount of $10 to 15$ by January 1, 2022.
What is an Alternative Workweek? - Answers -A method of scheduling work that allows employees to work a standard workweek over less than a five day period with a number of CA requirements.
What is AB 1825? - Answers -Requires sexual harassment training every two years for supervisors employed by employers with fifty or more employees, and all government municipalities.
What does the California Labor Commissioner do? - Answers -Sets and enforces rules for wages, deductions, vacation, jury/witness duty, meal and rest periods, and more.
What is Cal/OSHA? - Answers -California Occupational Safety and Health Administration provides assistance to employers and workers about workplace safety and health issues in California approved by Fed OSHA.
What is Wage Order 4? - Answers -Professional, Technical, Clerical, Mechanical and Similar Occupations
What is Wage Order 1? - Answers -Manufacturing Industry
What is Wage Order 2? - Answers -Personal Services Industry
What is Wage Order 3? - Answers -Canning, Freezing, and Preserving Industry
What is Wage Order 5? - Answers -Public Housekeeping Industry
What is Wage Order 6? - Answers -Laundry, Linen Supply, Dry Cleaning, and Dyeing Industry
What is Wage Order 7? - Answers -Mercantile Industry
What is Wage Order 8? - Answers -Industries Handling Products after Harvest
What is Wage Order 9? - Answers -Transportation Industry
What is Wage Order 10? - Answers -Amusement and Recreation Industry
What is Wage Order 11? - Answers -Broadcasting Industry
What is Wage Order 12? - Answers -Motion Picture Industry
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.
What is considered under Administrative Exemption? - Answers -Duties and responsibilities involve performing office or non-manual work related to management policy; and earns a salary of at least 2x the state minimum wage.
What is considered under Executive Exemption? - Answers -Duties and responsibilities involve the management of the organization; regularly directs the work of two or more employees; has the authority to hire or fire, and earns a salary of at least 2x the state minimum wage.
What is considered under professional exemption? - Answers -Employee is licensed by the State of California and practicing in one of the following: law, medicine, dentistry, optometry, architecture, teaching or accounting
How do you compensate learners/new workers that have no experience? - Answers - Employees may be paid no less than 85% of the minimum wage for the first 160 hours of work.
What are blended rates? - Answers -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 weighed average of the regular rate of pay for that pay period.
What is a Split-Shift? - Answers -When an employer requires their employee to work two distinct shifts in one workday that are separated by more than one hour
What is SDI? - Answers -State Disability Insurance
What are the Industrial Welfare Commission Orders? - Answers -Posters that explain wages, hours, and working conditions required under California labor law
How long do time cards, voided payroll check, and tax reports need to be kept for? - Answers -6 years
How long do payroll records (including work time, overtime, employee name, address) need to be kept for? - Answers -4 years
What are the 10 items required to have on every wage statement? - Answers -1. Employee name and employee number OR last four digits of SSN
- Name and address of company
- Inclusive dates of pay period
- Total hours worked (for nonexempt employees)
- Gross wages earned
- All deductions, explained
- Net wages earned
- Applicable hourly rates and corresponding hours worked
- Piece-rate units produced (if applicable)
- Sick time accrued and unused
What are the penalties for wage order violations? - Answers -Initial Violation: $50 per employee per pay period, in addition to unpaid wages
Subsequent Violations: $100 per employee per pay period, in addition to unpaid wages
List the permitted payroll deductions employers can make - Answers -1. When required by state or federal law: income tax, Social Security, Medicare, etc.
- Wage garnishments: Child Support, alimony, spousal support, etc.
- When authorized by employee: insurance contributions, benefit plan contributions,
- Dishonest or Willful Act or Gross Negligence: Damage or loss occurring as result of the employee's dishonesty or negligence
- Reimbursement of overpayment of wages: consistent with "predictable and expected wage overpayments" pertaining to the employer pay stem, and with voluntary and written approval from the employee
- Meals and lodging provided: Pursuant to applicable wage order
- Unreturned tools/uniforms: only under advanced agreement and understanding by the employee of unreturned items provided by the employer
Explain the provisions of a legal vacation policy with regards to compensation. - Answers -Vacation is a voluntary benefit that can be offered, must be accrued, employers must pay based on regular rate of pay.
Explain what reporting time is, and what is necessary compensation due to the employee is. - Answers -When an employee reports to work before their schedule, but there is no work to complete and the employee is sent home, or there is not enough work to fill the employee's whole shift, the employer must compensate that employee for reporting time. The employee is entitled to at least half of their scheduled but unworked time of no less than two hours and no more than four hours.
Reporting time pay is still required, even if the employer requests that the employee return later.
Explain what a Split-Shift is and what the necessary compensation is when requiring an employee to work a Split-Shift. - Answers -An instance in which an employer requires their employee to work two distinct shifts in one workday separated by more than one hour. If an employee must work a split-shift, they are to be compensated one additional hour of pay at minimum wage.
Employers compensating employees at a rate greater than minimum wage can offset this split-shift differential pay and are not required to be paid the differential.
