BFOQ - Answers bona fide occupational qualification, suitable defense against a discrimination charge
only when age, religion, sex, or national origin is an actual qualification for performing the job
IRCA - Answers Immigration reform and control act: 1986
Sanctions for employers who hire undocumented aliens / screening welfare recipients for status;
allowed undocumented people who had been in this country since 1982; to legalized status -->
amnesty seen as unfair to asians
NLRB - Answers National labor Relations Board: (established by Wagner Act) Greatly enhanced power
of American labor by overseeing collective bargaining; continues to arbitrate labor-management
disputes today
ADA - Answers Americans with Disabilities Act—federal act that forbids discrimination on the basis of
a physical or mental disability if the individual can perform "essential function" of the job. Need 15
employees
PEO - Answers professional employer organization
IWC - Answers Industrial Welfare Commission: a California state agency that sets industry-specific
wage orders, hours, and working conditions for employees. While the IWC itself is not actively
functioning (revived as of 2023), the 17 industry Wage Orders it created remain enforceable by the
Division of Labor Standards Enforcement (DLSE).
ABC Test - Answers Statutory standard used by CA to determine if a worker is an employee or an
independent contractor.
•A: worker is free from control and direction of the hiring entity
•B: worker performs work that is outside of the usual course of the hiring entity's business; and
•C: worker is customarily engaged in an independently established trade, occupation, or business of
the same nature of the work performed
FLSA - Answers Fair Labor Standards Act. Sets a minimum wage, maximum number of hours,
overtime pay, and bans child labor
LWDA - Answers Labor & Workforce Development Agency: a California cabinet-level state agency
that oversees departments enforcing labor laws, managing payroll taxes, and providing employment
benefits.
DIR - Answers Department of industrial relations: regulates wage and hours of non-exempt
employees
•DIR created by the Legislature (Labor Code, section 50)
•DIR established an Industrial Welfare Commission (IWC)
FPA - Answers Fair pay act:
PAGA - Answers Private Attorneys General Act: is a California law allowing employees to sue
employers on behalf of the state for Labor Code violations, aiming to recover civil penalties. It enables
"aggrieved employees" to act as private attorneys general, targeting issues like unpaid wages, missed
meal breaks, and misclassification.
IRS - Answers (Internal Revenue Service) Governmental agency responsible for collecting federal
taxes, issuing regulations, and enforcing tax laws
FEHA - Answers Fair Employment and Housing Act: •Covers both disability and medical conditions
•Disability limits major life activity
•5+ employees employed "on a regular basis"
•Count both FT/PT, seasonal, on leave, outside CA
•Public sector employer (no size requirement)
Title VII of the Civil Rights Act of 1964 - Answers •"industry affecting commerce"
•15+ employees for each working day in 20+ calendar weeks
•Fewer protected categories than CA's FEHA
•Race, color, religion, sex, or national origin
Age Discrimination in Employment Act of 1967 - Answers Prohibits discrimination against workers
over the age of 40 and restricts mandatory retirement. •Private sector employer in "industry affecting
commerce"
•All public sector employers