PHR-CA: F02 Employment Lifecycle & Employee Relations

Refers to an employee's journey with the company

Employee Lifecycle

Ask the questions that the employer needs answered to help determine if candidates are appropriate for the jobs they are applying for.

Applications

According to California regulations, how many employees must a company have in order to be required to include pay ranges in job postings?

15 employees

Prohibiting employers from paying any employee a wage rate that is less than a wage rate paid for equal work performed by members of the opposite sex

Fair Pay Act

Refers to both benefits and compensation

Salary

Generally applies to websites that actively seek information from visitors, such as the data used to complete an online employment application

California's Online Privacy Protection Act (OPPA)

California employers are prohibited from seeking or taking into consideration an applicant's prior compensation and benefits when determining whether to hire the applicant, and in setting the applicant's compensation and benefits.

Salary History Ban

What does ICRAA stand for?

California Investigative Consumer Reporting Agencies Act

What does FCA stand for?

Fair Chance Act

What does FCRA stand for?

Fair Credit Reporting Act

Involves contacting applicants' former employers, supervisors, co-workers, educators, and athletic coaches to verify previous employment and to obtain information about their KSAs and character

Reference Check

Involves an investigation by a third party or using a paid database to determine whether an applicant may be unqualified for a position due to a record of criminal conviction, motor vehicle violations, poor credit history, or misrepresentation regarding education or work history.

Background Check Investigation

What does (CCRAA) stand for?

Consumer Credit Reporting Agencies Act (CCRAA)

How many days should it take for the employer to provide a copy of the background check report?

7 business days

If a applicant requests a copy of their background check, how many days does the employer have to provide it?

3 business days

Can either be a misdemeanor or felony

Wobblers

What is the minimum amount an applicant can claim if an employer asks, seeks, or uses prohibited information?

$200 plus costs and reasonable attorney fees

What is the minimum amount an applicant can claim if the violation was intentional to seek criminal records?

$500, whichever is greater, plus costs, and reasonable attorney's fees.

This law generally prohibits employers of more than 5 employees from asking about the conviction history before making a job offer to a new applicant or to a current employee applying for a new position.

Ban the Box or Fair Chance Act

California also has a program set up to assist individuals currently incarcerated to gain work experience to help them better gain employment at their release.

Joint Venture Program (JVP)

Prohibits employers from discriminating or taking adverse action against a person for using cannabis while off the job and away from the workplace.

Cannabis Use Rights

This test indicates past marijuana usage off the job

Non-psychoactive cannabis metabolites

This test indicates recent marijuana usage including pre-employment drug testing

THC- postive testing

Under the age of 18 that is required by law due to their age to attend school

Minor

What is the permit called for minors?

Form B1-1

Who issues the permits for minors?

California Department of Education

Who issues both permits for minors who work in the entertainment industry?

Division of Labor Standards Enforcement

What are the 2 types of Employment Work Permits for Minors?

1. 10-day Temporary Entertainment Work Permit

2. 6 month Standard Entertainment Work Permit

What do employers need to do if they are intending to employ minors in the Entertainment Industry?

1. Employers will have to submit the Application to employ minors in the Entertainment Industry

2. Attach proof of Workers Compensation Insurance Coverage

3. Submit to the Department Labor Standards Enforcement (DLSE) Office

What are the penalties for Class A Violations for Minors?

- Fines can be from $5,000 to $10,000

- For minors 12 years of age and under, fines can be from $25,000 to $50,000

What are the penalties for Class B Violations for Minors?

- Fines can be from $500 to $1000

- civil penalties

- Child Labor laws are misdemeanors, 6 months in jail or up to $10,000 or both.

What do you call the violations for minors, is more severe and usually deals with hazardous or dangerous conditions

Class A Violation

What do you call the violations for minors, that deals with work permits, entertainment industry and health and safety conditions not included in Class A violation?

Class B Violation

Give Five components that should be included in an offer letter?

1. Job Title

2. Start Date

3. Manager and Department

4. Compensation: Salary, Piece Rate or hourly rate

5. At- will statement

6. Non- exempt or Exempt

7. If applicable, the offer is contingent on a completion of a background check

8. Deadline for the offer letter to be signed

9. Requirement to for proof of employment eligibility under the immigration laws

10. Work Schedule

11. Full time or Part time

This means that the employer or employee may terminate the employment relationship at any time, with or without notice, and for any reason(s), as long as it is not an illegal reason.

Employment At-Will

What may happen if employers use ambiguous language in their agreements with employees?

They may create an implied employment contract (implied contract), which could prevent them from terminating the relationship without specific cause.

Which is the process through which new employees acquire the necessary knowledge, skills, and behaviors in order to become effective organizational members; also known as organizational socialization.

Onboarding

This required new hire document:

This required form for every employee to verify legal employment eligibility

Is it required for all employers or a certain number?

Employment Eligibility Verification form I-9

All employers

This required new hire document:

Information about Workers' Compensation Insurance.

Is it required for all employers or a certain number?

Time of Hire Pamphlet: Worker's Compensation Pamphlet

All employers

This required new hire document:

Provide within 5 days of hire. Explains the employee’s obligation to pay SDI and their rights to collect in time of their own illness or injury

Is it required for all employers or a certain number?

State Disability Insurance Pamphlet: DE 2515

All employers

This required new hire document:

Must provide this pamphlet to employees on partial wage replacement during time away from work to bond with a newborn baby, adopted or foster child or to care for a seriously ill parent, child, spouse of registered domestic partners

Is it required for all employers or a certain number?

Paid Family Leave: DE 2511

This required new hire document:

Must provide this pamphlet which contains information about DI, PFL, and UI. The CA Tax Service Center requires for all new and laid off or terminated employees

Is it required for all employers or a certain number?

For Your Benefit: DE 2320 (LCA01)

All employers

This required new hire document:

Right of Victims of Domestic Violence, Sexual Assault and Stalking, is it required for all employers or a certain number?

Is it required for all employers or a certain number?

All employers

Must provide one of two documents to all new hires. One form is for companies that provide health insurance and one is for those that do not provide health insurance

Health Insurance Marketplace Coverage Options

All employers

This required new hire document:

Provide information about its harassment policy to employees at time of hire. It explains the law, what to do if an employee feels harassed and information on how to prevent harassment, as well as abusive conduct and explanations of gender. Contact information for the Civil Right Department

Is it required for all employers or a certain number?

Sexual Harassment Prevention Information Sheet

DFEH 185

All employers

This required new hire document:

Are required to obtain information from an employee to determine the correct Federal income tax amount to withhold from their paychecks. Completion of the California form is required to determine the appropriate CA Personal Income Tax PIT)

Is it required for all employers or a certain number?

Employee's Withholding Allowance Certificate:

W4 (Federal) and DE4 (State)

All employers

This required new hire document:

Must have this form on file for all minors that are employed. You can obtain this permit by contacting the office of the Superintendent of the minor’s school district.

Is it required for all employers or a certain number?

Permit to Employ and Work DLSE 281

All employers

This required new hire document:

Must provide this form to all nonexempt employees at hire that lists their rate(s) and basis of pay, payday, and employer “doing business as name” and again within 7 days of any wage changes

Is it required for all employers or a certain number?

Wage Theft Protection Act Notice

DLSE NTE

All employers

This required new hire document:

Requires employers to provide their employees (and their departments) the right to continue health insurance coverage after a qualifying event occurs

Is it required for all employers or a certain number?

Cal-COBRA Notification and HIPAA Notices

2 to 19 employees

Federal COBRA law applies to employers with _____ or more employee's...

20

This required new hire document:

The Fair Employment and Housing Act contains family care and medical leave provisions for California Employees. These leaves provisions, known as the California Family Rights Act, cover employers who do business in California

Is it required for all employers or a certain number?

California Family Rights Act (CFRA)

DFEH E03P

5 or more employees

Employment Development Department

What does EDD stand for?

DE34

When must employers report new hires and rehires to the EDD's New Employee Registry, and what form is used?

20 days

Within how many days must employers report new hires and rehires to the EDD's New Employee Registry?

1. First, middle initial, and last name of the employee

2. Social Security Number

3. Home Address

4. Start Date

This information must be provided to EDD concerning the rehired employee:

1. Business name and address

2. California Employer Account Number

3. Federal Employer Identification Number

4. Contact person's name and telephone number

Employers must report this information to the EDD

True

True or False:

Employers must not exclude individuals from jobs based on generalizations about disabilities, and medical standards or policies that automatically exclude groups are typically improper. It is unlawful to test for genetic characteristics, but employers can ask about an applicant's ability to perform tasks, though they cannot inquire about past Workers' Compensation claims.

$10,000 for each violations

How much is the penalty for E-Verify violations?

Non-competition Agreements

Is an agreement by one party not to compete with the business of another party, typically limited to a specific time period after the employment ends or to a specific geographic area.

Non-solicitation agreement

Is an agreement by one party not to solicit the business of specified customers of the other party, typically limited to a specific time period.

Uniform Trade Secrets Act

What does CUTSA stand for?

Non- disclosure Agreements

Is a pact by one party not to use or disclose defined confidential information belonging to another party, sometimes limited to a specific time period

Within 30 days of the due date

When does the employers need to pay arbitrations fees?

Arbitration Agreements

Have generally required employees to agree to settle out of court, through an arbitration case, any dispute that arises with their employer.

Employee

means any person employed by an employer, private, or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any country, city, including charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California

Whistleblower

is an employee who discloses information to a government or law enforcement agency, person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance,

5 or more employees

In California, at what employee count does a company have an affirmative duty to take reasonable steps to prevent and correct discrimination and harassment?

Pamphlet of Sexual Harassment (DFEH- 185)

All Employers must provide this pamphlet from the Civil Right Department on these specific policies or Harassment and Discrimination

Abusive Conduct

It means conduct of an employer or employee in the workplace, with malice that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests

3 years

How long should Talent Agencies keep records that they have provided Sexual Harassment Brochure and Materials on Eating Disorders?

Implicit Bias and Bias Reducing Strategies

What is the additional required training for surgeons, physicians, nurses and nurse practitioners?

Implicit Bias Training

Will provide employees with the tools to understand and override their biases on their personal and professional decisions.

Human Trafficking Awareness Training

Training that is required for hotels and motels, at least 20 minutes of training related to Human Trafficking Awareness

Public Sector Workers

Workers in California work for some sort of government agency, either funded by the State of California, cities, counties, or the federal government.

Private Sector Workers

These types of workers are funded by nongovernmental organizations such as corporations, partnership, etc

Skelly Rights

Due process right to notice of an employee, of an intended disciplinary action

Department of Industrial Relations

What Does DIR stand for?

Sweat Free Code of Conduct

This code is regulated by the California Department of Industrial Relations

Agricultural organization cans now form unions without the need to have a secret ballot election.

What is one major difference with unions within California?

HR Professionals

EDD

CRD

DLSE

Private Investigator or Attorney

Which important parties should be included in the determination of a workplace investigation?

Critical Listening Skills

Legal Responsibilities

Opening the investigation

Critical Follow Up

Critical Documentation

Managing Confidentiality

Closing the investigation

How to conduct an ethical and legal investigation

The words to use to ask the right questions

Give 5 out of the 9 KSAs for Investigators that are doing a workplace investigation

Equal Employment Opportunity Commission (EEOC)

What Does EEOC stand for?

The date and time the incident occurred

The names of who was involved

The name of any witnesses

Full account of what happened and what was said

An explanation of why the actions or comments were sexually harassing to them

After interviewing the victim, ask them to put their allegations in writing. Provide them with a prepared form that includes:

Concerted activity

Discussing work conditions legally is called

Compensatory Damages

are type of monetary award intended to make the employee "whole" again

Punitive Damages

are a type of monetary punishment ordered by court.

Severance Agreement

An agreement, generally used when an employee needs to be terminated but there is little or no prior documentation of misconduct or performance problems

Worker Adjustment and Retraining Notification

What does WARN stand for?

60 days

How many days notice do employers need to provide when they will be affected by a plant closure or mass lay off?