PHRca Flashcards Full Set (Terms 1-205)

A method of scheduling work that allows employees to work a standard workweek over less than a five day period with a number of California requirements.

The California ____________ Act, effective January 1, 1989, applies to the owners of 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.

Requires anti-harassment training every two years for all employees employed by employers with five or more employees, and all government municipalities.

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

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.

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.

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.

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.

California Occupational Safety and
Health Administration provides
assistance to employers and workers
about workplace safety and health
issues in California approved by Fed
OSHA.

California has a similar law to the
federal WARN act that provides more
protection than the federal law.

Settles wage claims on behalf of
workers for claims of unpaid wages,
overtime, or vacation pay.

Also referred to as the Labor
Commissioner ensures all employees
are appropriately paid for the work
that they complete within the State of
California.

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.

Investigates andenforces statutes
covering private contractors with
regards to prevailing wage law.

Investigates complaints alleging discriminatory retaliation in the workplace.

Enforces judgements for unpaid wages and penalties.

Processes licenses and registration
for farm labor contractors, garment
contractors, car washes, studio
teachers, talent agencies, special
minimum wage workers, shelter
workshops, industrial homework, and
individuals using minors in door-to-
door sales. Also issues work permits
for minors as well as employer
permits to employ child entertainers.

Represents the DLSE in all legal matters.

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.

Legal documents filed in appellate
court cases by non-litigants with a
strong interest in the subject matter.

Established in 1913 to regulate wages,
hours, and working conditions in the
State of California.

Industrial Welfare Commission

Department of LaborStandards
Enforcement

Professional, Technical, Clerical,
Mechanical and Similar Occupations

Manufacturing Industry

Personal Services Industry

Canning, Freezing, and Preserving Industry

Public Housekeeping Industry

Laundry, Linen Supply, Dry Cleaning and Dyeing Industry

Mercantile Industry

Industries Handling Products After Harvest

Transportation Industry

Amusement and Recreation Industry

Broadcasting Industry

Motion Picture Industry

Industries Preparing Agricultural Products for Market on the Farm

Agricultural Occupations

Household Occupations

Certain On-Site Occupations in the
Construction, Drilling, Logging and
Mining Industries

Miscellaneous Employees

Shall be provided with regular mail
service, radio and/or telephone, visitor
access to fixed site housing and when
practicable to mobile housing

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.

Protected under the IWC orders and
are eligible for overtime pay, meal and
rest breaks and minimum wage.

Must be paid at least two (2) times the
minimum wage in a weekly salary
calculation.

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.

Employee's duties andresponsibilities
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.

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.

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

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.

Anyone under the age of 18

The trainees or students do not
displace regular employees, but work
under their close observation and the
employer derives no immediate
advantage from the activities of
trainees.

Provides goods or services to another
entity under terms specified in a
written contract or verbal agreement.

Employment Development Department

"All amounts for labor performed by
employees of every description,
whether the amount is fixed or
ascertained by the standard of time,
task, piece, commission basis, or
other method of calculation."

The lowest amount of compensation
an employer can offer an employee to
perform work, with few exception

Organizations that do business with
government entities are required to
pay employees engaged in particular
crafts a ________________ , which in many instances is well above the minimum wage

Employers who contract with certain
cities or counties are required to pay
their employees a higher than
minimum wage rate for all work
conducted for the specific contract.

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.

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.

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.

Any consecutive twenty-four(24) hour
period commencing at the same time
each calendar day.

Any seven (7) consecutive days,
starting with the same calendar day
each week.

Department of Industrial Relations

All nonexempt employees are entitled
to one ten minute ________________ for
ever four (4) hours.

All nonexempt employees are entitled
to one thirty minute ____________
for any work
period that is more than five hours
long.

After the proposal meeting, the
employer must conduct a secret ballot
vote of the affected work group(s).

In the State of California, _____________
is any work outside of eight hours in one work day and forty hours in any one work week.

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).

When an employer requires their
employee to work two distinct shifts in
one workday that are separated by
more than one hour.

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.

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.

Nonexempt employees that are
required to travel are entitled to pay
for the time spenttraveling.

Compensation linked to the amount of
sales a particular employee generates,
or helps to generate, for an
organization.

An amount of money that is paid to a
commissioned employee on a regular
basis; per California law, at least twice
per month.

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.

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.

All employers to provide all
employees with at least three days of
paid sick leave annually.

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.

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.

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.

Employers are required to
compensate their nonexempt
employees at least twice during each
calendar month, and exempt
employees at least once per calendar
month.

Under California law, an employee
who is terminated, whether voluntary
(i.e. a quit) or involuntary (i.e. a
termination or layoff), are due all
unpaid wages immediately, including
accrued and unused vacation and/or
paid time off.

State Disability Insurance

California employers are also required
to provide at time of hire that lists
their rate(s) of pay and employer
information.

As an employee's wage(s) change,
California employers are required to
provide a ________________
reflecting an employee's new rate(s) of
pay, or additional rate(s) of pay
provided to the employee.

All California employers must post a
notice telling employees when they
can expect to be paid.

Poster that explains wages, hours and
working conditions required under
California labor law.

Time cards, voided payroll checks,
and wage and tax reports need to be
kept for ______________.

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.

Department of Fair Employment and
Housing
Department of Fair Employment and

The mission of this department is to
protect Californians from employment,
housing and public accommodation
discrimination, and hate violence.

Department of Industrial Relations

Prohibits harassment and
discrimination in employment in
California.

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.

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.

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

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.

All California employers are required
to include with their sexual
harassment prevention training this
topic.

Required only when a woman is
actually disabled by her pregnancy,
childbirth, or a related medical
condition.

All employees must be able to perform
the _____________________ .

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.

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.

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.

Advises new hires of their right to
continue health care from their
previous employer and their right to
privacy regarding personally-
identifiable health information.

The separate forms are for companies
that provide health insurance and for
those that do not provide health
insurance.

This form provides information about
the new employee's wages and
employer.

Provides information on
Unemployment Insurance, Disability
Insurance, Paid Family Leave, and Job
Service benefits available to the
employee.

A California program that requires all
employers to provide exiting
employees with notice of a state
program that pays COBRA payments
under certain circumstances.

Small California employers with one to
forty-nine full time equivalent
employees can purchase health
insurance through a Small Business
Health Options Program (SHOP).

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.

Requires all health insurance
providers to extend coverage to
registered domestic partners as it
does to spouses.

Under Cal-COBRA, employees are
offered up to __________________, where COBRA offers may be limited to
only eighteen (18) months.

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 ________________ .

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.

Under California law, pregnancy
disability, which is covered by FMLA)
is not covered by CFRA, since
California has Pregnancy Disability
Leave (PDL).

Employees utilizing time to bond with
a new child (biological, adoptive, or
foster) must use their available CFRA
leave within _________________ .

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.

Employees who work for
organizations with at least _______________, and who
becomes disabled because of their
pregnancy, childbirth, or related
medical condition are entitled to up to
four (4) months of job protected leave.

A full-time employee is entitled to
days PDL per pregnancy with doctor's certification.

Unlike CFRA/FMLA, employees are
as soon as they
are hired, and are certified by their
doctor as unable to perform the
essential functions of their job. There
are no other length or hours worked
requirements.

Employees out on PDL or CFRA are
entitled to be reinstated to the same
position with the same benefits and
seniority as they had prior to taking
their leave, and afforded all benefits
they would have expected had they
remained employed. In some specific
scenarios, reinstatement to a
comparable position is applicable.

Under California law, employers are
required to provide a reasonable
amount of time for _________________
to express breastmilk during the
workday.

Employers should do everything in
their power to allow injured employees
the time off to recover from their
workplace injury or illness.

Employers can violate Labor Code
if they terminate or discriminate against an
employee for filing a Workers'
Compensation claim.

California employers with at least twenty-five employees need to be
accommodating to employees who voluntarily decide to enter a _____________________;
as long as the leave does not create an undue hardship for the employer.

Pregnancy leave is required only when
a woman is actually disabled by her ____________.

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.

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.

If the investigation does not show a
violation of the law, the DFEH will _____________ .

If the investigation does show a
violation of the law, it will attempt to
settle the case using a formal __________________ process.

When adverse action is taken against
and employee for reporting
information that is either a violation of
state orfederal law, or noncompliance
with local, state, or federal regulation.

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).

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.

Requires every California employer to
have an effective Injury and Illness
Prevention Program.

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.

General Industry Safety Orders

_______________ improves
conditions for California's workers
and advances opportunities for
employers. DIR has four divisions and
six commissions, boards and
programs.

Department of Industrial Relations

This board handles appeals from
employers regarding citations issued
by DOSH for alleged violations of
workplace safety and health laws.

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.

Generally the lead state agency for
emergency management in California.

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.

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.

Targeted Inspection and Consultation Program

Outlines steps that can be taken to
develop an effective program that
helps assure the safety and health of
employees while on the job.

Injury and Illness Prevention Program

The most important element in a safety program.

Record each injury or illness on the
Cal/ OSHA Log of Occupational Work
Related Injuries and Illnesses.

Prepare an Injury and Illness Incident
Report or equivalent, such as
California's DLSR Form
5020(Employers Report of
Occupational Injury or Illness).

Summary of Work-Related Injuries and
Illnesses must be posted no later than
February 1 until April 30th.

Employers Report of Occupational
Injury or Illness

Division of Labor Statistics and
Research

All fatalities and serious injuries and
illnesses in California must be
reported to the DOSH as soon as
possible, but ___________________ incident.

Cal/ OSHA standards concerning toxic
substances and hazardous exposures
require records of employee exposure
to these substances and sources,
physical examination reports,
employment records, and other
information.

The term unisex public toilets, also
called gender-inclusive, gender-
neutral and mixed-sex or all-gender
toilets, bathrooms or restrooms, refers
to public toilets that are not separated
by gender or sex.