PHRca Flashcards Set #1 (Terms 1-50)

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