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2018 employment law update, human resources, employment law, san diego

2018 Mid Year Employment Law Update

2018 Mid Year Employment Law Update

What You Need to Know

Get important information on updated employment laws and case decisions.  The information provided is a brief summary of key points of these laws and decisions. Please feel free to contact us for complete information and answers to any questions you have.

Click here to open our PDF: 2018 Mid-Year Employment Update

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To contact us for complete details or a quote for your business, click here: Contact. Or, call us toll-free at (833) 753-1775 today.

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2018 Employment Law Update

free 2017 california employment law update

Our 2018 Employment Law Update is available! 2018 Key New Employment Laws Summary

Test Your Knowledge June 29, 2017

human resource, HR, employment law

        QUESTIONS

  1. It is a violation of the Fair Employment and Housing Act (FEHA) for an employer to discriminate against an individual who possesses what is commonly referred to as an AB _____ California driver’s license.
  2. An employer that uses the Social Security Number Verification Service (E-verify) cannot take adverse employment action against an employee based on notification of a mismatched number unless and until the employer receives a __________ Non-Confirmation.
  3. True or False: Per California Labor Code section 2810.3, a “client employer” may be held to share civil legal liability arising out of the failure of a staffing agency or Professional Employer Organization (PEO) to properly pay wages or provide required workers’ compensation, but only if a joint employer relationship is established through a joint-employer test.

ANSWERS

  1. 60
  2. Final
  3. False

Test Your Knowledge May 31, 2017

human resource, HR, employment law

        QUESTIONS

  1. There are _________ California Wage Orders.
  2. True or False: An employer can require an employee who is paid on a piece rate basis to redo work without paying the employee additional piece rate pay provided the employer pays the employee at least the applicable minimum wage for each hour worked in the payroll period.
  3. Identify the standard tax deductions that must be taken from employee paychecks.

ANSWERS

  1. 17
  2. True
  3. Federal income tax; State income tax; Social Security tax (FICA); Medicare tax; State Disability tax (SDI); Paid Family Leave tax (PFL)

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Test Your Knowledge May 25, 2017

human resource, HR, employment law

        QUESTIONS

  1. True or False:  If an employee arrives to work late, his/her employer cannot deduct any more than the amount of wages that would have been earned during the time actually lost from the employee’s pay, but if the amount of time lost is less than 30 minutes, wages for half an hour can be deducted.
  2. True or False:  The California Department of Fair Employment and Housing (DFEH) accepts complaints from individuals who believe an employer has not complied with mandatory harassment prevention training requirements.
  3. True or False:  An employer can make a deduction from an employee’s final paycheck to make up for an overpayment of wages provided in the employee’s prior paycheck(s) without risk of penalty.

ANSWERS

    1. True
    2. True
    3. False

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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

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