Category Archives: 2017 employment law update

Test Your Knowledge March 27, 2017

human resource, HR, employment law

Each question has been given a certain number of points based on the level of difficulty. Calculate the number of total points you earn to find your grade.

  • A (26-30 pts.)
  • B (21-25 pts.)
  • C (16-20 pts.)
  • D (11-15 pts.)
  • F (10 or less pts.)

        QUESTIONS

  1. (3 pt.) If an employer provides a base hourly rate of at least the applicable minimum wage for all hours worked by an employee paid on a _____________ basis, the employer will be deemed in compliance with the compensation requirements for “other nonproductive time.” California’s Labor Code defines “other nonproductive time” as “time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated” on such a basis.
  2. (5 pts.) True or False: Per California’s Business and Professions Code, a non-attorney or unlicensed investigator who conducts an investigation regarding employee misconduct as an outside investigative provider, and/or the entity that hires such an individual, can be fined up to $5,000, imprisoned in the county jail for up to one year – or both. Therefore, an outside HR consultant who is not licensed to practice law should not be hired to conduct an investigation of employee misconduct.
  3. (1 pts.) True or False: California’s Labor Code states that employers cannot prohibit an employee from disclosing his/her own wages, discussing the wages of others or inquiring about another employee’s wages.
  4. (5 pts.) If an employer, or an individual acting on behalf of an employer, fails to provide a wage deduction statement or record to an employee, a fine in the amount of $______ per employee per violation may be imposed for each initial violation. The amount increases to $_________ per employee per violation for subsequent violations. Additional civil penalties may also be imposed.
  5. (3 pts.) True or False: A student under the age of 22 enrolled at a nonprofit or public educational institution who is working pursuant to a “work experience” program may be excluded from unemployment insurance coverage benefits.
  6. (1 pt.) True or False: Court rulings by several California courts, including the California Supreme Court, have held an employer will not be liable for failing to compensate an employee for time worked off-the-clock provided the employer has issued a specific and explicit policy prohibiting employees from performing unauthorized off-the-clock work and the employer had no actual or constructive notice of the employee’s unapproved off-the-clock work.
  7. (3 pts.) A nonexempt employee working outside of a properly adopted alternative workweek schedule must be paid______ times his/her regular rate of pay for all hours worked between ____ hours and _____ hours in a single workday. The same rate of pay is also due for the first ______ hours worked by such employee on the seventh consecutive day in a single workweek.
  8. (This is a tricky one! 5 pts.) If an employer provides its employees with the use of a ________ _________, an employee who is injured while commuting to or from work may be eligible for workers’ compensation benefits (depending on where the injury occurs).
  9. (3 pts.) An individual seeking State Disability Insurance (SDI) benefits as a result of inability to work due to a disability is required to file a claim for benefits within _____ days of the date upon which the individual became disabled. Upon a showing of good cause, the Employment Development Department (EDD) may extend the time for filing.
  10. (1 pt.) True or False: Health insurance premiums paid by an employer on behalf of an employee and the employee’s dependents are not considered wages for purposes of unemployment insurance.

ANSWERS

    1. piece-rate
    2. True
    3. True
    4. $250; $1,000
    5. True
    6. True
    7. 1.5; 8; 12; 8
    8. parking lot
    9. 49
    10. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge March 16, 2017

human resource, HR, employment law

QUESTIONS

  1. True or False: A worker employed by an employer of 25 or more individuals is entitled to take up to 40 hours off from work during a year (up to 8 hours in a month) for the purpose of finding a school or licensed child care provider for his/her child, enrolling the child in a school or with a licensed child care facility, or participating in the child’s school/licensed child care provider activities.
  2. True or False: An employer that permits a customer to pay a gratuity by credit card can deduct any amount charged to the employer by the credit card company for processing fees or costs from the amount of gratuity specified by the customer to be paid to the employee, thereby reducing the amount of gratuity paid to the employee.
  3. True or False: After an employee files a complaint for discrimination/harassment with the DFEH, the employee has two options – request that the DFEH investigate his/her claim or request an immediate “right to sue” notice and proceed to court directly with a civil lawsuit.

ANSWERS

  1. True
  2. False
  3. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge March 8, 2017

human resource, HR, employment law

Questions:

Check your answers below.

  1. All employees who have worked in California for the same employer for ____ or more days within a year from commencement of employment are entitled to paid sick leave.
  2. Family Medical Leave (FMLA) provides an eligible employee with up to ____ weeks of time off due to a qualifying exigency.
  3. How many hours of reporting time pay is owed to a California employee who reports to work, is scheduled to work 10 hours, but is not put to work?
  4. Tips paid by a patron using a credit card must be paid to a California employee no later than the next regular ________.
  5. California employers ______ require an employee who identifies as transgender to use a unisex single occupant restroom located with the employer’s workplace.
  6. California employers that employ ______ or more individuals must provide military spouse leave.
  7. A California employer that employs ________ or more individuals must provide civil air patrol leave to eligible employees.
  8. A California employer must keep records that document the number of hours an employee worked, the number of paid sick days accrued and the number of paid sick days used for at least ____ years.
  9. An employer must notify an employee of his/her eligibility to take Family Medical Leave (FMLA/CFRA) within ____ business days.
  10. California employers of 15 or more employees are required to provide an employee who is donating an organ with up to 30 business days off from work _____ pay over the course of a one-year period which commences on the employee’s first day of absence for this purpose.

A. without

B. shift

C. 50%

D. 50

E. can

F. 5

G. 25

H. 30

I. 20

J. 3

K. payday

L. cannot

M. 12

N. 4

O. 16

P. 2

Q. with

If you would like to be able to quickly find answers to these questions and many others when they arise in your day-to-day business life, consider our Employment Law Basics Guide. Our guide provides a concise overview of important employment laws and has been developed to help current and potential employees, supervisors, and business owners understand many of the laws that apply to employer-employee relationships.

The information contained in our reference guide is invaluable for employees of all levels – current members of the management team of an organization seeking to effectively manage a workforce in a legally compliant manner and individuals seeking essential basic knowledge about their rights and responsibilities in the workplace. Our reference guide has been designed to help individuals of all employment levels succeed and avoid complaints that can irreparably damage an individual’s career.

Visit our Store and order it today – only $29.99/digital copy! If you would like to purchase this guide with our Presentation Skills: An Essential Guide to Public Speaking, you can receive both for only $49.99/digital copies.

Answers:

  1. H
  2. M
  3. N
  4. K
  5. L
  6. G
  7. O
  8. J
  9. F
  10. Q

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge March 2, 2017

human resource, HR, employment law

QUESTIONS

  1. The employer bears the burden of establishing that an employee’s attendance is an essential function of his/her position.
  2. Employers can be expected to consider allowing an assistive animal to be brought into the workplace as a reasonable accommodation to a disabled employee.
  3. All California employers must take “reasonable steps” to ensure a harassment free workplace. Providing harassment prevention training to all employees – not only supervisors – is one of the reasonable steps all employers should take to meet this duty.

ANSWERS

  1. True
  2. True
  3. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

What a Multi-Generational Workforce Means for Your Workplace and How to Deal With It

generation gap workplace

In recent years, the workforce has changed significantly. Millennials are steadily joining the force while Baby Boomers are not so steadily leaving – and things don’t seem like they’ll be changing anytime soon.

What does this mean for today’s workplace?

Conversations like these can be heard in many a workplace:

convo-pic

“How can that new guy think it is okay take off work for personal matters so frequently?”

“I know. Did someone forget to tell him he’s not the owner?”

convo-pic

“I can’t believe how these young employees don’t seem to understand how to communicate in the workplace! I receive emails from them that don’t have complete words and sentences all the time. Do they think they are texting a friend?”

“And forget about expecting them to call in or answer a phone call. They don’t know how to use a phone as a phone!”

convo-pic

“I’m tired of training new employees who don’t plan on being here very long. Why should I devote time to mentoring someone who is just using this job as a stepping stone to get somewhere else? It’s a waste of my time.”

“I know exactly what you mean. There’s no dedication to a boss or employer, so why try to teach them stuff that we worked hard to learn. Half of them don’t even seem to want the job they have. It’s like they are just putting in time to get enough money for their rent since they couldn’t get a job they like or think they should have gotten.

“You can’t blame them to a certain degree, though. Some of them have debt up to their ears and no real hopes of buying a home around here they’ve gotten so expensive, so I guess they’re just kind of living day to day.

convo-pic

“I’m so tired of my boss acting like she needs to monitor everything I do. It’s like she doesn’t think I can think on my own and she needs to watch my every move. Why can’t she just tell me what she needs me to do and then just let me do it on my own?”

“I know, it’s like they don’t know we have degrees in this stuff!

Understanding differences and adaptability is the key to creating a positive work environment and managing a steady and productive workplace. It is important to recognize the differences among individuals of different generations and how to best manage individuals who exhibit different approaches to work, communication and work-life balance. It’s also important to assist employees in learning to understand the differences among co-workers and help them learn to value how those differences can be beneficial to everyone in the workplace.

We can help!

We provide training programs that help supervisors learn to effectively manage different types of workers. It can be a real challenge, but there are techniques that can help! We also provide training programs that help get employees learn to value today’s diverse workplace and appreciate the differences among those with whom they work.

As the workforce continues to expand generationally, concerns about how to make your workplace a great environment for each employee will likely arise more and more, especially upon the hiring of new employees. For help with these challenges and many more, please contact us at (858) 753-1775 or info@lmrcenter.com.

 

 

 

 

IRS Alert – Scam Targeting Human Resource and Payroll Departments

cybercrime in the workplace

IRS ISSUES ALERT

Cyber Scam Targeting Human Resource and Payroll Departments

Human resource and payroll departments are being targeted and tricked into disclosing employee information. This employee information is then being used to file false tax returns to obtain tax refund monies.

Don’t be the next victim. Review the alert here: IRS Alert

About the Law and Management Resource Center

The Law and Management Resource Center provides affordable employment law and human resource consultation, reviews and drafts employer documents, policies and employee handbooks, provides effective harassment and abusive conduct prevention training, and more.

Contact us today! For more information, contact Jillian Bruin, MBA, Director, Business and Program Development, at jillian@lmrcenter.com or (858) 753-1775.

Learn How to Keep Your Confidential Information Confidential

cybercrime in workplace, confidential

New Challenges: Keeping Confidential Information Confidential

Personnel Records Personal and

Private Data Private

February 23, 2017

Luncheon and Presentation – Noon to 1:30 p.m.
(Check-In and Networking – 11:30 a.m. to Noon)

Homeland Security Investigations (HSI)

U.S. Department of Homeland Security

Program: Cyberattacks and the theft of confidential personal, employee, customer and business information are some of the most important issues facing businesses of all sizes and industries, employees who must provide private information to their employers and individuals everywhere.

Those tasked with keeping confidential information in the workplace confidential are facing harrowing new invisible threats. It’s no longer just a matter of having a secure cabinet, lock and key – and it’s a tough, tough job.

The Department of Homeland Security Investigations (HSI) enforces a diverse array of federal statutes that affect the workplace and its special agents are armed with critical information about:
• cyberattacks – current risks and the newest trends in threats;
• surprising ways information is being stolen and used; and
• what you can do today to help protect your personal information and the confidential information of your business, employees and customers.

Who Should Attend:
• human resource and payroll professionals;
• business owners, executives, supervisors and managers;
• IT professionals;
• individuals responsible for protecting information; and
• everyone interested in learning how to protect information in a digital society.

Where: San Diego-Poway Hampton Inn and Suites – (corner of Scripps Poway Parkway and Stowe Dr. at 14068 Stowe Drive, Poway)

Cost (includes lunch): $55/person (LMRC Ambassadors receive a $10 discount off of these prices)

Receive Required SHRM and HRCI Credits! The Law and Management Resource Center is recognized by the Society for Human Resource Management (SHRM) as a Recertification Provider for Professional Development Credits (PDCs) for the SHRM-CPSM and SHRM-SCPSM credentials, which means you can receive required SHRM and HRCI credits and maintain your credentials by attending our programs.

Please feel free to pass this invitation along to others who may be interested in attending!

Register here today: Upcoming Events Page

This program is co-sponsored by the
Poway Business Park Association
and
San Diego-Poway Hampton Inn & Suites.

Let the Law and Management Resource Center help you ensure your business is in compliance. We provide affordable employment law and human resource consultation, review and draft employer documents, policies, and employee handbooks, and provide effective harassment and abusive conduct prevention training.

Contact us for a quote today! For more information, contact Jillian Bruin, MBA, Director, Business and Program Development, at jillian@lmrcenter.com or (858) 753-1775.