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PHRca Chapter 1: Compensation and Wage -
questions with correct answers
The Department of Labor Standards Enforcement (DLSE) is a division of the department of Industrial Relations. What is the main role for the DLSE? - CORRECT 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? - CORRECT 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? - CORRECT ANSWERS ✔✔Bureau of Field Enforcement This department investigates and enforces statues covering private contractors with regards to prevailing wage laws. - CORRECT ANSWERS ✔✔Public Works This department investigates complaints alleging discriminatory retaliation in the workplace. - CORRECT ANSWERS ✔✔Retaliation Complaint Investigations
This department enforces judgements for unpaid wages and penalties. - CORRECT ANSWERS ✔✔Judgement enforcement This department provides licensing and registration for organizations that must have licenses to be in business. - CORRECT ANSWERS ✔✔Department of Licensing and Registration This department represents legal cases. - CORRECT 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? - CORRECT ANSWERS ✔✔Amicus Briefs Explain Orders 4 and 7 Variables to the Overtime rules. - CORRECT ANSWERS ✔✔1. The employee's earning exceed 1. times the state minimum wage; and 2. At least 50 % of the employee's total compensation is from commission. Explain Order 10 Variation for Overtime - CORRECT ANSWERS ✔✔In the sky industry, overtime does not kick in until an employee has worked in excess of ten hours in one day or 48 hours in a week.
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? - CORRECT ANSWERS ✔✔The lowest amount of compensation an employer can offer an employee to perform work, with few exceptions. What is prevailing wage? - CORRECT 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. What is a living wage? - CORRECT ANSWERS ✔✔A wage that is high enough to maintain a normal standard of living. Why must employers define the word day and work week? - CORRECT ANSWERS ✔✔In order to calculate overtime. When must a rest period be taken? - CORRECT 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. - CORRECT 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 - CORRECT 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) - CORRECT ANSWERS ✔✔1. Hours worked over eight hours in one day (1.5 times)
- Hours worked over forty hours in one workweek (1.5 times)
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 employee's responsibility to keep detailed documentation of makeup time requested and worked. Makeup time may not permit an employee to work in excess of eleven (11) hours in one (1) workday or forty (40) hours in one (1) workweek, and time worked in excess of eight hours in one workday is not considered overtime if it is makeup time. What are the rules on Travel Time? - CORRECT ANSWERS ✔✔When you are paid for traveling for work, your pay can be a lower rate than normal, but not less than minimum wage. Describe Commission pay. - CORRECT ANSWERS ✔✔Payment based on a percentage of Sales, in CA commissions are considered wages, Commission Agreements need to be
- In writing
- Specific to the employer and employee
- Detailed
- Signed by both employee and employer
- Retain copy of agreement What about Advances, Draws, and Guarantees? - CORRECT ANSWERS ✔✔An amount of money that is paid to a
commissioned employee on a regular basis; per California law, at least twice per month. What is AB 1513? - CORRECT ANSWERS ✔✔Employees are paid by the piece, must earn at least minimum wage, and in CA - rest and recovery periods must be paid What is SB 358? - CORRECT ANSWERS ✔✔The Fair Pay Act. Seniority Systems, Merit Systems, System measuring earnings by quantity and quality, differential based on bonafide factor (other than sex or education training or experience) Describe Vacation and PTO rules - CORRECT 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? - CORRECT ANSWERS ✔✔An appeals court hearing that looks at the trial court's record to determine
What is Cal/OSHA? - CORRECT 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? - CORRECT ANSWERS ✔✔Professional, Technical, Clerical, Mechanical and Similar Occupations What is Wage Order 1? - CORRECT ANSWERS ✔✔Manufacturing Industry What is Wage Order 2? - CORRECT ANSWERS ✔✔Personal Services Industry What is Wage Order 3? - CORRECT ANSWERS ✔✔Canning, Freezing, and Preserving Industry What is Wage Order 5? - CORRECT ANSWERS ✔✔Public Housekeeping Industry What is Wage Order 6? - CORRECT ANSWERS ✔✔Laundry, Linen Supply, Dry Cleaning, and Dyeing Industry What is Wage Order 7? - CORRECT ANSWERS ✔✔Mercantile Industry
What is Wage Order 8? - CORRECT ANSWERS ✔✔Industries Handling Products after Harvest What is Wage Order 9? - CORRECT ANSWERS ✔✔Transportation Industry What is Wage Order 10? - CORRECT ANSWERS ✔✔Amusement and Recreation Industry What is Wage Order 11? - CORRECT ANSWERS ✔✔Broadcasting Industry What is Wage Order 12? - CORRECT ANSWERS ✔✔Motion Picture Industry What is Wage Order 13? - CORRECT ANSWERS ✔✔Industries Preparing Agricultural for Market on the Farm What is Wage Order 14? - CORRECT ANSWERS ✔✔Agricultural Occupations What is Wage Order 15? - CORRECT ANSWERS ✔✔Household Occupations
What is the Asbestos Notification Act? - CORRECT ANSWERS ✔✔This CA Act (effective 1989) applies to the owners of buildings constructed prior to 1979. It requires building owners who know that the building has asbestos-containing construction material to notify co-owners, employees, lessees, and tenants of the presence of asbestos in the building. What is the California Database Protection Act of 2003? - CORRECT ANSWERS ✔✔Requires that any person, agency or organization that is doing business in California to notify any affected persons should such a database breach occur. What is the California Family Rights Act? - CORRECT ANSWERS ✔✔Requires employers with 50 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. What is covered under the California Uniform Trade Secrets Act?
- CORRECT ANSWERS ✔✔Protects only certain defined trade secrets, that is information, including a formula, pattern, compilation, program , method or process that derives independent economic value, actual, or potential, from not being generally known to the public or 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. What is considered under Administrative Exemption? - CORRECT 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? - CORRECT 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? - CORRECT 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? - CORRECT ANSWERS ✔✔Employees may be paid no less than 85% of the minimum wage for the first 160 hours of work. What are blended rates? - CORRECT 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? - CORRECT ANSWERS ✔✔When an employer requires their employee to work two distinct shifts in one workday that are separated by more than one hour
What are the penalties for wage order violations? - CORRECT 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 - CORRECT 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. - CORRECT 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. - CORRECT 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. - CORRECT 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.
