Category Archives: new employment laws

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

Test Your Knowledge February 2, 2017

human resource, HR, employment law

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

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

Test Your Knowledge January 25, 2017

human resource, HR, employment law

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

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

Test Your Knowledge January 11, 2017

human resource, HR, employment law

QUESTIONS

  1. True or False: The “good faith personnel action” defense can successfully bar the claim of an employee seeking compensation for physical symptoms (e.g., migraine headaches, intestinal problems) directly connected to a work-related stress injury claim asserting psychological injury if the alleged injury was suffered as a result of a good faith personnel action.
  2. True or False: For purposes of determining the correct amount of overtime pay due, a cash payment provided to an employee in lieu of health benefits must be included in calculating the employee’s regular rate of pay.
  3. True or False: Payment of a shift differential (higher rate of pay) to employees who work an undesirable schedule (e.g. “graveyard” shift) is required by law.

ANSWERS

  1. True;
  2. True;
  3. False

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Federal Court Injunction Puts New Overtime Rules on Hold

new federal overtime law

The new federal overtime rules, which were scheduled to take effect on December 1, 2016, have been put on hold due to an injunction issued by a federal court last week, thereby prohibiting the Department of Labor from enforcing the new rules. California employers can, therefore, continue to use the California salary test pending resolution by the federal court. The California salary test for determining if an employee can be considered exempt from overtime under most professional, executive and administrative classifications is the payment of compensation equal to at least two times the applicable minimum wage for full-time employment.

We will continue to provide updates until this issue is resolved. Employers are advised to closely monitor this matter.

New FLSA Exempt Salary Requirements

bag-147782_1280 (1) New FLSA Exempt Salary Requirements – Find Out What You Need to Know

Visit our new Youtube page to see helpful tips about employee rights!

Test Your Knowledge! New FLSA Exempt Salary Requirments

dollar-1294424_1280

QUESTIONS

  1. Effective ________, 2016, California employers must follow the new federal overtime rule for the so-called “________ collar” exemptions.
  2. Under the new requirements, an individual classified as a full-time exempt ________, ________, or administrative employee must be compensated at least $________ per week, which equates to $________ annually.
  3. The impact of the new federal requirements over state law will dwindle for California employers as the state minimum wage continues to increase per California legislation passed in April 2016 to $________ per hour on January 1, ________ for employers of more than ________ employees and on January 1, ________ for employers of ________ or fewer employees.

ANSWERS

  1. December 1; white;
  2. executive; professional; $913; $47,476
  3. $15; 2022; 25; 2023; 25

Free Harassment Prevention Training

Workplace Harassment and Bullying Prevention Training

Meets California Law Mandatory Training Requirements

When: June 15th – 9 to 11 a.m.

Where: San Diego-Poway Hampton Inn & Suites – 14068 Stowe Drive

Program: The Law and Management Resource Center is providing this free training program to help employers protect their employees and meet legal requirements. The program and all content will be provided by our experienced California employment law attorneys who are also human resource professionals.

 Register Today – Space May Become Limited!

 Topics will include:

  • Respect in the Diverse Workplace
  • Protected Worker Classifications
  • Types and Forms of Sexual Harassment
  • Abusive Conduct – Workplace Bullying
  • Retaliation
  • Investigations and Remedial Action
  • Liability

Cost: FREE for up to 4 individuals (business owners, executives, supervisors) from each business or organization; $75 per person for each additional attendee from same business or organization. Please RSVP on our Upcoming Events Page

If you have any questions, please contact Jillian Bruni, MBA, at jillian@lmrcenter.com or 858-753-1775.

free harassment prevention training

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human resource shrm

Workers’ Compensation Fraud Presentation

Join Us on May 19th!

Workers’ Compensation Fraud

What: How to Identify and Prevent Workers’ Compensation Fraud in Your Workplace – Presentation by Detective Sergeant David Glosson and Detective Sergeant Steve Salvatori of the California Department of Insurance. Find out how to help prevent – and what to do if you suspect – workers’ compensation fraud in your workplace.

When: 9 a.m.; registration and networking start at 8:30 a.m.

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

Cost: $50/person (LMRC Ambassadors receive a $10 discount off of these prices); Includes continental breakfast

Learn and Earn Education Credits

If you are not yet enrolled in our Ambassador Program, see enrollment information below! And, if you are looking for education credits, earn them easily by attending our programs.

Become an LMRC Program Ambassador and SAVE!

Not yet enrolled as an Ambassador? You are invited to take advantage of the opportunity to become an LMRC Program Ambassador. By enrolling, you will receive the following benefits throughout the year:

  • Discounted cost to attend seminars and other events
  • LMRC Roundtable Ambassador Certificate – enhance your professional profile!
  • Discounts on some of the services provided by the Law and Management Resource Center, including document drafting and review (employee handbook, contracts, policies, forms) and training (harassment and workplace bullying prevention, employment law for supervisors, leadership and management skills, preventing conflict, communication skills, and presentation and public speaking skills coaching).

The annual cost to participate as an Ambassador is just $95 per year.

If you are not a current LMRC Program Ambassador and would like to become an Ambassador and save on registration costs, please contact Jillian Bruni, MBA, at jillian@lmrcenter.com or 858-753-1775 or fill out the form on our Upcoming Events Page.

Register here today: Upcoming Events Page

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

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 latest standard in human resource credentialing, SHRM-CP and SHRM-SCP. This means that you can receive your required SHRM credits and maintain your credentials by attending our programs.

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