PHRCA Exam-with 100% verified solutions 2024-2025, Exams of Advanced Education

Download PHRCA Exam-with 100% verified solutions 2024-2025 and more Exams Advanced Education in PDF only on Docsity! PHRCA Exam-with 100% verified solutions 2024-2025 Alternative Workweek 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 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 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 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 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 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 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 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 California has a similar law to the federal WARN act that provides more protection than the federal law. Wage Claim Adjudication Settles wage claims on behalf of workers for claims of unpaid wages, overtime, or vacation pay. Department of Labor Standards Enforcement 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 Investigates and enforces statutes covering Workers' Compensation insurance coverage, child labor, cash pay, unlicensed contractors, Canning, Freezing, and Preserving Industry Wage Order 5 Public Housekeeping Industry Wage Order 6 Laundry, Linen Supply, Dry Cleaning and Dyeing Industry Wage Order 7 Mercantile Industry Wage Order 8 Industries Handling Products After Harvest Wage Order 9 Transportation Industry Wage Order 10 Amusement and Recreation Industry Wage Order 11 Broadcasting Industry Wage Order 12 Motion Picture Industry Wage Order 13 Industries Preparing Agricultural Products for Market on the Farm Wage Order 14 Agricultural Occupations Wage Order 15 Household Occupations Wage Order 16 Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries Wage Order 17 Miscellaneous Employees Sheepherders 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 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 Protected under the IWC orders and are eligible for overtime pay, meal and rest breaks and minimum wage Exempt Employees Must be paid at least two (2) times the minimum wage in a weekly salary calculation. Administrative Exemption 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 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. Learners New workers that have no experience or skill for a specific position may be paid no less than eighty-five percent (85%) of the minimum wage for the first one hundred and sixty (160) hours of work. Licenses for Disabled Workers Nonprofit organizations, such as shelters and rehabilitation centers, can apply for a special license to allow them to hire numerous individuals without having to apply for a specific license each time. Camp Counselors Must receive at least eighty-five percent (85%) of the minimum wage for a forty (40) hour week, regardless of the number of hours they work Workday Any consecutive twenty-four(24) hour period commencing at the same time each calendar day. Workweek Any seven (7) consecutive days, starting with the same calendar day each week. Department of Industrial Relations DIR Rest Break All nonexempt employees are entitled to one ten minute for ever four (4) hours. Meal Break All nonexempt employees are entitled to one thirty minute for any work period that is more than five hours long. Adoption Process After the proposal meeting, the employer must conduct a secret ballot vote of the affected work group(s). Overtime 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 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 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 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 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 Nonexempt employees that are required to travel are entitled to pay for the time spent traveling. Commission Pay Compensation linked to the amount of sales a particular employee generates, or helps to generate, for an organization. Advance, Draw or Guarantee 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 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. Industrial Welfare Commission Orders Poster that explains wages, hours and working conditions required under California labor law. 6 Years Time cards, voided payroll checks, and wage and tax reports need to be kept for _______________________ . 4 Years Section 226 requires the employer keep a copy of the pay stubs for "at least three years." Section 226(a). As mentioned above, because the statute of limitations for labor code violations can extend beyond three years, many employers retain these records for a ________ period of time. DFEH Department of Fair Employment and Housing Department of Fair Employment and Housing The mission of this department is to protect Californians from employment, housing and public accommodation discrimination, and hate violence. DIR Department of Industrial Relations Fair Employment and Housing Act Prohibits harassment and discrimination in employment in California. Prohibited Employment Practices 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 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 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 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 All California employers are required to include with their sexual harassment prevention training this topic. Pregnancy Leave Required only when a woman is actually disabled by her pregnancy, childbirth, or a related medical condition. Essential Function of the Job All employees must be able to perform the . Three Years Complaints of discrimination must be filed with the DFEH within from the date of the alleged discriminatory act. Right to Sue Notice 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 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 Generally applies to websites that actively seek information from visitors, such as the data used to complete an online employment application A Nondisclosure Agreement A pact by one (1) party not to use or disclose defined confidential information belonging to another party, sometimes limited to a specific time period. Invention Assignment Agreement An employee assigns to the organization any and all rights the employee may have to inventions and ideas generated through the employment with the organization. California's Unfair Competition Law Former employees (and the new employers that hire them) can become liable when the circumstances of the new hiring involve misappropriation of trade secrets or violation of enforceable post-employment restrictions, or where the conduct involves independent wrongful acts to the detriment of the former employer. Uniform Trade Secrets Act 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 Uniform Trade Secrets Act Good Faith and Fair Dealing In every contract or agreement made in California there is an implied promise of _____________________ Work Permit 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 There are two (2) types available; the standard six (6) month and a ten (10) day Temporary Entertainment Work Permit. State Contracts 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 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 Deals with unemployment, state disability, workforce investment, and labor market information programs as well as collects and audits payroll taxes. New or Rehired Reports 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 ____________________________ 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 Aggrieved employees are able to sue their employer with certain protections. Domestic Partnership A legal relationship available to all same-sex couples, and opposite-sex couples. Protection for Political Involvement California employers cannot enforce any policy forbidding or preventing employees from engaging or participating in politics. California Security Breach Information Act Requires any person, agency, or organization that is doing business in California to notify any affected persons should such a database breach occur. Farm Labor Contractors Licensed by the DLSE Poster Licensed farm labor contractors must display pay rates prominently where work is to be performed and on all vehicles used by the licensee for transportation of employees. Workers' Compensation Pamphlet Explains an employee's rights if injured on the job. State Disability Insurance Pamphlet 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 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 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 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 The separate forms are for companies that provide health insurance and for those that do not provide health insurance. Wage Theft Prevention Act This form provides information about the new employee's wages and employer. For Your Benefit Pamphlet Provides information on Unemployment Insurance, Disability Insurance, Paid Family Leave, and Job Service benefits available to the employee HIPP Notice 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 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 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 Requires all health insurance providers to extend coverage to registered domestic partners as it does to spouses. Thirty-six months of coverage continuation 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 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 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 Under California law, pregnancy disability, which is covered by FMLA) is not covered by CFRA, since California has Pregnancy Disability Leave (PDL) Not Reasons for Disability Discrimination 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 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. If the investigation does not show a violation of the law, the DFEH will Conciliation If the investigation does show a violation of the law, it will attempt to settle the case using a formal process. Whistle Blower Protection 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 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 Division of Occupational Safety and Health Division of Occupational Safety and Health 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 Requires every California employer to have an effective Injury and Illness Prevention Program. General Industry Safety Orders 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 General Industry Safety Orders California Department of Industrial Relations ____________________ 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 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 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 Generally the lead state agency for emergency management in California. Employee Safety Responsibilities 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 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 When the employer's conduct effectively forces an employee to quit. How many hours can 12-13 year olds work when school is in session? 8 hours on non school days only. How many hours can 14-15 year olds work when school is in session? 3 hours on school days outside of school hours, 8 hours on non school days. Max 18 hours per week. How many hours can 16-17 year olds work when school is in session? 4 hours on school days, 8 hours on non school days. Max 48 hours per week. How many hours can 12-13 year olds work when school is NOT in session? 8 hours per day, 40 hours per week. How many hours can 14-25 year olds work when school is NOT in session? 8 hours per day, 40 hours per week. How many hours per day can 16-17 year olds work when school is NOT in session? 8 hours per day, 48 hours per week. Spread of hours for 12-13 year olds + 14-15 year olds 7am - 7pm Labor Day - May 31st, 7am - 9pm June 1st - Labor Day Spread of hours for 16-17 year olds 5am - 10pm on school days, 5am - 12:30am on non school days. T or F: Employers MAY inquire about whether an applicant has filed a WC claim? False T or F: Employers are not allowed to use E-Verify the status of existing employees? True Non competition agreement An agreement by one party not to compete with the business of another party typically limited to a specific time period after the employment ends or to a specific geographic area. How many employees does a private CA employer need to have to be covered by CFRA? Five employees working for at least 20 work weeks in a calendar year. Employers have the option of capping EEs sick pay at how many hours? 48 hours Kin Care can be used to care for whom? Sick child, parent, spouse, domestic partner or the child of a domestic partner Floating Holiday A paid holiday that may be used at the employee's discretion or when mutually agreed to by the employee and management. How much time off for bone marrow donation? 5 days How much time off for organ donation? Up to 30 days. SB 63 SB 188 The Crown Act. Prohibits discrimination based on an EEs hairstyle. What are the 3 basic forms of wrongful termination? In violation of an express contract, in violation of an implied duty of good faith and fair dealing, in violation of public policy. How long are employers required to retain payroll records for non exempt employees? 3 years Which employees are NOT covered by PSL? Employees covered by a collective bargaining agreement, construction employees under a CBA, certain providers of publicly funded in home support services, certain air carrier employees, specified public retired annuitants. Under PSL, a family member is Child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling. PSL can be capped at? 48 or 6 days Employers need to keep sick day records for? At least three years Medicare Granted to qualifying individuals over the age of 65 who suffer from chronic illnesses or disabilities Medicaid Offered to individuals and families with low household incomes. How long do ee's have to submit a claim to DFEH? 3 years ADEA Age Discrimination in Employment Act of 1967. Prohibits employers with 20 or more employees from discriminating against individuals 40 years of age and older. Adverse Action An employment decision that has a negative impact on hiring, promotion, termination, benefits or compensation. Affirmative Action An active effort to improve the employment of educational opportunities of members of protected classes. ADA Americans with Disabilities Act of 1990. Prohibits employers of 15 or more employees in the private sector, and state and local governments from discriminating against qualified individuals with disabilities. It requires employers to provide reasonable accommodation for individuals with disabilities, unless the accommodating measures would cause an undue hardship. ALJ Administrative Law Judge. A judge appointed by an administrative agency for the purpose of conducting hearings and rendering decisions under the agency's unique jurisdiction. Typically, an ALJ's decisions are reviewed by the agency and by the courts. Temporary + seasonal ee's need to be trained on sexual harassment training by? Within 30 days of hire or 100 hours worked How long does an applicant have to respond to a notice not to hire b/c of a conviction history? At least 5 business days Just Cause A fair and honest cause or reason, acted on in good faith by the employer. Good Faith and Fair Dealing Means that you make decisions in a fair manner and treat employees who are similarly situated in a like manner. Adjudicate To hear and decide judicially; to judge DIR Crime victims leave applies to employers with how many ee's? All employers Organ and bone marrow donor leave applies to employers with how many ee's? 15 or more. Military spouse leave applies for employers with how many ee's? 25 or more. Military spouse leave is for how many days? 10 days. School and child care activities applies to employers with how many ee's? 25 or more at the same location. Time off for civil service training applies to employers with how many ee's? 50 or more. Civil Air Patrol Leave applies to employers with how many ee's? 15 or more. How much time off for civil service training? 14 days per calendar year. How many days off for civil air patrol leave? 10 days off per year. Disparate Treatment When an employee or applicant is treated differently, specifically because of that individuals protected class status. Disparate Impact An employment practice that appears neutral on its face but discriminates against protected classes in practice (ex: height and weight requirements may unequally impact women).