Download PHRca Chapter 1: Compensation and Wage with 89 quiz & answers. and more Exams Human Resource Management in PDF only on Docsity!
Wage with 89 quiz & answers.
PHRca Chapter 1: Compensation and
Wage with 89 quiz & 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? - ANSWER- 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? - ANSWER- 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? - ANSWER- Bureau of Field Enforcement This department investigates and enforces statues covering private contractors with regards to prevailing wage laws. - ANSWER- Public Works This department investigates complaints alleging discriminatory retaliation in the workplace. - ANSWER- Retaliation Complaint Investigations This department enforces judgements for unpaid wages and penalties. - ANSWER- Judgement enforcement This department provides licensing and registration for organizations that must have licenses to be in business. - ANSWER- Department of Licensing and Registration This department represents legal cases. - ANSWER- 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? - ANSWER- Amicus Briefs Explain Orders 4 and 7 Variables to the Overtime rules. - ANSWER- 1. The employee's earning exceed 1.5 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 - ANSWER- 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.
Wage with 89 quiz & answers.
Explain Order 14 Variation from Overtime. - ANSWER- Sheepherders are paid a different rate than is required under California minimum wage laws, they have requirements for certain working conditions such as a place to receive mail, phone, and visitors access to fixed site housing or mobile housing. What is the main difference between Exempt vs. Nonexempt? - ANSWER- Nonexempt are covered by the IWC Orders, Exempt are NOT covered by the IWC Orders. Employers have the burden of proof. What is an exempt employee? - ANSWER- Compensated based on service and result, must receive a salary equal to at least 2 times minimum wage calculated on a weekly basis, at least 51% of an employee's job must be classified as exempt. What is a nonexempt employee? - ANSWER- Compensated by the hours, must be payed at least minimum wage, receive overtime over 8 hours in one day, covered by all meal and rest break rules in the IWC orders Who needs a Child Labor Work Permit? - ANSWER- Anyone under age 18 who has not yet graduated from high school What is an Independent Contractor? - ANSWER- A person, business, or corporation that provides goods or services 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? - ANSWER- The lowest amount of compensation an employer can offer an employee to perform work, with few exceptions. What is prevailing wage? - ANSWER- 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? - ANSWER- A wage that is high enough to maintain a normal standard of living. Why must employers define the word day and work week? - ANSWER- In order to calculate overtime.
Wage with 89 quiz & answers.
How does Makeup Time work? - ANSWER- Employees are allowed to request makeup time if they are unable to work a full shift under certain circumstances. This time 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? - ANSWER- 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. - ANSWER- 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? - ANSWER- 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? - ANSWER- 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? - ANSWER- 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 - ANSWER- 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.
Wage with 89 quiz & answers.
What is a De Novo Appeal? - ANSWER- 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. What is AB 202? - ANSWER- This bill requires all cheerleaders for the state's professional sports teams to be reclassified as team employees, guaranteeing workers protection such as fair pay, overtime, and sick leave. CA is the first state to make it illegal for teams to treat cheerleaders as independent contractors in orders to keep them ineligible for minimum or other worker protections. What is SB 3? - ANSWER- Minimum Wage Increase - On April 4, 2016 CA enacted a new minimum wage increase structure that will increase the minus wage from the January 2016 amount of $10 to 15$ by January 1, 2022. What is an Alternative Workweek? - ANSWER- A method of scheduling work that allows employees to work a standard workweek over less than a five day period with a number of CA requirements. What is AB 1825? - ANSWER- Requires sexual harassment training every two years for supervisors employed by employers with fifty or more employees, and all government municipalities. What does the California Labor Commissioner do? - ANSWER- Sets and enforces rules for wages, deductions, vacation, jury/witness duty, meal and rest periods, and more. What is Cal/OSHA? - ANSWER- 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? - ANSWER- Professional, Technical, Clerical, Mechanical and Similar Occupations What is Wage Order 1? - ANSWER- Manufacturing Industry What is Wage Order 2? - ANSWER- Personal Services Industry What is Wage Order 3? - ANSWER- Canning, Freezing, and Preserving Industry What is Wage Order 5? - ANSWER- Public Housekeeping Industry What is Wage Order 6? - ANSWER- Laundry, Linen Supply, Dry Cleaning, and Dyeing Industry
Wage with 89 quiz & answers.
What is the California Database Protection Act of 2003? - ANSWER- 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? - ANSWER- 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? - ANSWER- 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? - ANSWER- 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? - ANSWER- 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? - ANSWER- 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? - ANSWER- Employees may be paid no less than 85% of the minimum wage for the first 160 hours of work. What are blended rates? - ANSWER- 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? - ANSWER- When an employer requires their employee to work two distinct shifts in one workday that are separated by more than one hour What is SDI? - ANSWER- State Disability Insurance
Wage with 89 quiz & answers.
What are the Industrial Welfare Commission Orders? - ANSWER- Posters that explain wages, hours, and working conditions required under California labor law How long do time cards, voided payroll check, and tax reports need to be kept for? - ANSWER- 6 years How long do payroll records (including work time, overtime, employee name, address) need to be kept for? - ANSWER- 4 years What are the 10 items required to have on every wage statement? - ANSWER- 1. Employee name and employee number OR last four digits of SSN
- Name and address of company
- Inclusive dates of pay period
- Total hours worked (for nonexempt employees)
- Gross wages earned
- All deductions, explained
- Net wages earned
- Applicable hourly rates and corresponding hours worked
- Piece-rate units produced (if applicable)
- Sick time accrued and unused What are the penalties for wage order violations? - ANSWER- 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 - ANSWER- 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. - ANSWER- Vacation is a voluntary benefit that can be offered, must be accrued, employers must pay based on regular rate of pay.
