2018 Employment Law Update

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

Test Your Knowledge June 29, 2017

        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

        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)

Test Your Knowledge May 25, 2017

        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. 1. True
   2. True
   3. False

Test Your Knowledge March 27, 2017

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. 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

Test Your Knowledge March 16, 2017

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

Test Your Knowledge March 8, 2017

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

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Answers:

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

Test Your Knowledge March 2, 2017

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

Test Your Knowledge February 2, 2017

QUESTIONS

1. California employers must not record an employment applicant’s interview without the express consent of the applicant, regardless of whether the interview is conducted in person, online, or via telephone or video.
2. While employers are required to itemize “wages earned” on employee pay stubs, the monetary value of accrued paid vacation time is not required to be included unless and until accrued vacation time is paid out upon termination of the employment relationship.
3. A range of motion test that measures motor function and muscle strength is not considered a medical test.

ANSWERS

1. True
2. True
3. False

Test Your Knowledge January 25, 2017

QUESTIONS

1. True or False: Asking a job applicant how he/she acquired the ability to speak, read or write a foreign language could lead to a discrimination claim against an employer.
2. True or False: An employer can withdraw an offer of employment after receiving the results of a medical examination if the results demonstrate that the applicant’s employment would endanger health or safety in the workplace without considering possible accommodation to the applicant and whether such accommodation could eradicate the danger to health or safety.
3. True or False: California employers can prohibit marijuana use in the workplace despite the passing of California’s Proposition 64 which legalized the recreational use of marijuana by adults 21 and older.

ANSWERS

1. True;
2. False;
3. True