PHR-Ca Flash Cards |268 questions with 100% correct answers 2023.

Alternative Workweek Any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period Bonus Money promised to an employee in addition to the monthly salary, hourly wage, commission or piece rate usually due as compensation. They are in addition to any other regular compensation and are usually based on performance Collective Bargaining Agreement An agreement negotiated between a labor union and an organization that sets forth the terms of employment for the employees who are subject to the agreement. This type of agreement may include provisions regarding wages, vacation time, working hours, working conditions, and health insurance benefits. California Division of Labor Standards Enforcement (DLSE) Enforced provisions of the wage orders. The DLSE also provides assistance to organizations regarding implementation of wage orders. Domestic Partners Two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. Commission Compensation paid to any person for services rendered in the sale of the organization's property or services and based upon the amount or value thereof. If the employee's compensation is based on a percentage of the cost or sale price of the product or service, then the compensation plan is defined as this term. Garnishment A court-mandated deduction from an employee's paycheck. Examples are child or spousal support, tax lien, or any other payment mandated by a state or federal court. Exempt A job classification in which the employee is not eligible for overtime payments. Industrial Welfare Commission (IWC) A commission made up of five members appointed by the Governor with the consent of the Senate that is responsible for setting the wages, hours of work, and working conditions of California employees. Gratuity Any tip given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered. Labor Labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. Industrial Welfare Commission Wage Orders Orders, which regulate the wages, hours, and working conditions in certain industries or occupations. Minimum Wage The minimum hourly rate of pay an organization is required by law. Living Wage A wage on which it is possible to live at least according to minimum customary standards. Protected Activity The engaging in or exercising of a right that is protected by law, such as serving on a jury or complaining about safety conditions. Nonexempt A job classification in which the employee is eligible for overtime payments. Shift The designated hours of work for an employee, with a designated beginning time and quitting time. Registered Domestic Partners Two persons who are either in a same sex partnership, or or are members of the opposite sex where at least one of the members is over age 62 and is eligible for social security old-age benefits. Workday Any consecutive 24-hour period beginning at the same time each calendar day. Wages All amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. Workweek Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. AB1825-Compliant Training Sexual harassment training for supervisors that meets all the requirements for such training, as specified under AB1825 and the FEHC's final regulations. (AB1825) AB1825 Assembly Bill 1825 out of 2004, which required sexual harassment training every two years for supervisors employed by employers covered by the statute (generally, all state entities, as well as all employers receiving the services of 50 or more persons). Adverse Employment Action A required part of a retaliation claim. Generally, an employment action that either materially affects the terms and conditions of employment or that would deter an individual from engaging in a protected activity. Examples include termination, demotion, discipline or transfer to less favorable working conditions. (Retaliation) Adverse Action Notice The documentation that an employer must provide to an applicant or employee whenever the employer makes an employment decision based on information obtained through a background check. (Hiring Process) Avoidable Consequences Doctrine The principle under which a complaining party's damages in a harassment lawsuit may exclude any damages that the party might have avoided if he or she had earlier reported possible harassment under an appropriate company policy; available only when the company has taken appropriate proactive steps to prevent workplace harassment. (FEHA) Anti-Piracy Agreement An agreement by one party not to recruit employees of the other party, typically limited to a specific time period. (Organizational Property) Causal Link The link that an employee complaining of retaliation must prove to show that the employer took an adverse employment action against the employee BECAUSE of the protected activity. California Constitutional Right to Privacy The right of privacy guaranteed under the provisions of the California Constitution. (Privacy) CCRAA California Consumer Reporting Agencies Act. State law that imposes requirements employers must follow when they seek credit information of an employee or policing during a background check by accessing public records. (Hiring Process) Classroom Training In-person, trainer instruction created by an instructional designer and provided to supervisors by a qualified trainer or a subject matter expert. (AB1825) Change of Status Notice Notice employers must provide when employees are terminated, discharged, laid off or placed on a leave of absence. (Termination Notices) Constructive Discharge Theory under which a court will permit an employee who actually quit to nonetheless bring a legal claim as though the employer had terminated the employment, if the circumstances when the employee quit were so intolerable that any reasonable person in the same circumstances would have also felt compelled to quit. Conditional Offer of Employment An offer of employment that will not be withdrawn, so long as specified conditions are satisfied, such as passing a background check or medical examination. Most medical examinations should occur only after an offer of employment that has no other conditions left to be satisfied (i.e., only after all other steps have been satisfied, including background checks). (Hiring Process and Privacy) Covered Establishment Any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. (Cal WARN) COPPA California Online Privacy Protection Act. Law that requires websites seeking information from visitors, such as online employment applications, to post a privacy policy meeting certain requirements. (Hiring Process) Deterrence Test One of two tests to determine whether an adverse employment action has occurred for retaliation purposes. This test asks whether the employment action taken would deter a reasonable employee from engaging in the protected activity in which the employee engaged. An adverse action can occur under the deterrence test where an employee is suspended without pay during an investigation, regardless of whether the employer later paid the employee in full for the suspension. (Retaliation) CPA California Privacy Act. Penal Code Section 630-637.6: Criminal law that addresses privacy on telephones and other electronic equipment. (Privacy) Drug-Free Workplace Act of 1990 Federal statute regarding drug-free workplaces, that in which California state contractors must also apply. (State Contractors) DFEH California's Department of Fair Employment & Housing, the state government agency responsible for administering FEHA, including investigation of complaints and either issuing right-to-sue letters and/or prosecuting possible violations. (FEHA) Duty of Loyalty A duty that all employees owe to their employer during employment, which is recognized by California law and reflected in several Labor Code provisions. (Organizational Property) Duplicate Training The process permitted for organizations to recognize and credit AB1825 training provided to a new supervisory employee by a previous or different employer of that employee. E-Monitoring Electronic monitoring or surveillance in the workplace. (Privacy) E-Learning Individualized, interactive, computer-based training, the content of which is written, developed and approved by an instructional designer, qualified trainer, or subject matter expert. (AB1825) Employee (for UI & EDD Reporting) Any individual or person performing services for wages or under employment-related contract for hire. If an employer has the right to exercise control over the manner and materials for performance of services by an individual, the individual is lost often considers and employee, and an employer-employee relationship exists. (UI & EDD Reporting)