PHRca Flashcards Set #3 (Terms 101-150)

Complaints of discrimination must be
filed with the DFEH within ___________
from the date of the
alleged discriminatory act.

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 law states "there should not
be discrimination against workers who
are injured in the course and scope of
their employment".

Generally applies to websites that
actively seek information from
visitors, such as the data used to
complete an online employment
application

Online Privacy Protection Act

Employers may use reference checks
and background investigations to
screen applicants in accordance with
the ____________________ .

California Labor Code prohibits
employers from demanding or
requiring any employee or applicant to
take a ________________ , lie detector,
or similar test or examination as a
condition of employment or continued
employment.

"...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."

In California it is against the law to
post or display and employee's ____________ .

For employers who employ drivers,
California law permits employers to
monitor driver performance through
the use of _______________ with special
provisions.

California employers are only allowed
to utilize the ____________________
after a conditional offer of
employment has been made, or when
doing so is required under federal law
or as a condition for receiving federal
funds.

Everify cannot be used for verifying

_____________________ of
applicants are only allowed after a
conditional job offer has been made.

The California Attorney General
permits employers to maintain __________________
for their own use, but they may not
provide them to third parties
(including local police departments or
other government agencies).

California's Assembly Bill 1844
prohibits employers from requiring
applicants to provide their e-mail
or ________________ account
usernames and passwords, with
limited exception

The crucial general rule is that every
contract in which anyone is restrained
from engaging in a lawful profession,
trade or business of any kind is to that
extent void.

An agreement by one (1) party not to
solicit the business of specified
customers of the other party, typically
limited to a specific time period.

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.

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.

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.

Protects only certain defined trade
secrets, that is, information, including
a formula, pattern, compilation,
program, device, method, technique or
process that meets certain criteria.

Uniform Trade Secrets Act

In every contract or agreement made
in California there is an implied
promise of _____________ .

Employers must have a _____________
for each employed minor on file and
available for inspection by school and
labor officials at all times.

There are two (2) types available; the
standard six (6) month and a ten (10)
day Temporary Entertainment Work
Permit.

They are required to maintain a drug-
free workplace, follow certain anti-
discrimination requirements, and
abide by all applicable wage and hour
laws.

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 and
workplace rules.

Deals with unemployment, state
disability, workforce investment, and
labor market information programs as
well as collects and audits payroll
taxes.

Employment Development Department

Employers are required to provide this
report to the EDD's New Employee
Registry within twenty (20) days from
their start date.

_______________ 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.

Aggrieved employees are able to sue
their employer with certain
protections.

Private Attorney General Act

A legal relationship available to all
same-sex couples, and opposite-
sex couples.

California employers cannot enforce
any policy forbidding or preventing
employees from engaging or
participating in politics.

Requires any person, agency, or
organization that is doing business in
California to notify any affected
persons should such a database
breach occur.

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.

This poster advises employees of their
sick leave rights under the new law.

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.

Organizations must post emergency
phone numbers, including numbers
such as 911, fire department and other
emergency responders.
Notice to Employees - Injuries Caused

Advises employees that they may be
entitled to Workers' Compensation
benefits if they are injured or become
ill because of their job.

Informs employees that they are
protected from retaliation by their
employer for reporting to a
government or law enforcement
agency any information that the
employee reasonably believes
discloses a violation or
noncompliance with a federal or state
law or regulation, or an unsafe
working condition or practice.

Signage explaining that smoking is
prohibited except in designated areas
must be posted in all California
buildings.

Educates employees about their rights
and obligations to prevent harassment
of all forms in the workplace.

An employer should post only the
information that applies to its
employees. For example, if the
employer is not covered by SDI or
PFL, then it should post only the UI
information.

Not less than ten (10) days before
every statewide election, employers
must post this notice.

Explains that it is against the law to
discriminate against a woman
because she is pregnant and
describes related employee rights and
obligations.

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.

Explains an employee's rights if injured on the job.

Explains employee's obligation to pay
State Disability Insurance and their
rights to collect in time of their own
illness or injury.