What does the law say about what an employer may or may not do with an employee鈥檚 gratuities?
After how many hours of work does an employer need to provide a 30 minute meal break? What is the labor code (number) that deals with this?
What is the longest amount of time a volunteer firefighter may be considered to be probationary?
What council sets apprenticeship standards? How long are the members in office? How much are they paid?
Name the divisions in the Labor Code.
What are the legal duties of an employee?
What are the legal duties of an employer?
How many employees must you have in order to be required to have Workmen鈥檚 Compensation Insurance?
List the names of 3 insurance companies authorized to sell Workmen鈥檚 Compensation Insurance in California.
This insurance is expensive. Can an employer ask his employees to pay part of the cost?
What should an employer do if he/she suspects an employee is guilty of fraud?
What if an employer does not have insurance and an employee gets injured? Are there any legal penalties?
13. How many weeks may an employee receive temporary disability payments as a result of a job injury per SB 899? 1)
QUESTION:
What does the law say about what an employer may or may not do with an employee鈥檚 gratuities?
ANSWER:
351. No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons usingcredit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment.
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2)
QUESTION:
After how many hours of work does an employer need to provide a 30 minute meal break? What is the labor code (number) that deals with this?
ANSWER:
512. (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
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3)
QUESTION:
What is the longest amount of time a volunteer firefighter may be considered to be probationary?
ANSWER:
7) Volunteer firefighters shall serve a probationary period of a length to be specified by the governing board, not to exceed one year. A probationary volunteer firefighter may be removed from membership without specification of cause. The decision to remove a probationer shall not require notice or a hearing.
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4)
QUESTION:
What council sets apprenticeship standards? How long are the members in office? How much are they paid?
ANSWER 1:
California Apprenticeship Council (CAC)
The CAC was established by the Shelley-Maloney Apprentice Labor Standards Act of 1939. The council holds an open quarterly meeting to conduct the business of apprenticeship in California and fulfill its statutory responsibilities: providing policy advice on apprenticeship matters to the director of Industrial Relations, issuing rules and regulations on specific apprenticeship subjects to be published in the California Code of Regulations, and conducting appeals hearings
ANSWER 2:
Of the council's 17 members, 14 are appointed by the governor for four-year terms; six represent management, six represent labor, two represent the public. The remaining three are ex officio members representing the chancellor of the California Community Colleges, the superintendent of public instruction, and DIR's director. The chief of the Division of Apprenticeship Standards serves as secretary to the CAC, and DAS provides staff services.
ANSWER 3:
Each member of the council shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the council, for each day of actual attendance at hearings by the council or a committee thereof pursuant to Section 3082, and for each day of actual attendance at meetings of other committees established by the council and approved by the Director of Industrial Relations, together with his or her actual and necessary traveling expenses incurred in connection therewith.
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5)
QUESTION:
Name the divisions in the Labor Code.
ANSWER:
DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
DIVISION 3. EMPLOYMENT RELATIONS
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE
DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED
DIVISION 4.7. RETRAINING AND REHABILITATION
DIVISION 5. SAFETY IN EMPLOYMENT
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6)
QUESTION:
What are the legal duties of an employee?
ANSWER:
http://www.leginfo.ca.gov/cgi-bin/displa...
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7)
QUESTION:
What are the legal duties of an employer?
ANSWER:
http://www.leginfo.ca.gov/cgi-bin/displa...
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8)
QUESTION:
How many employees must you have in order to be required to have Workmen鈥檚 Compensation Insurance?
ANSWER:
Yes, California law requires employers to have workers' compensation insurance if they have even one employee.
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9)
QUESTION:
List the names of 3 insurance companies authorized to sell Workmen鈥檚 Compensation Insurance in California.
ANSWER:
* ZENITH INSURANCE COMPANY
* REPUBLIC INDEMNITY COMPANY OF CALIFORNIA
* PREFERRED EMPLOYERS INSURANCE COMPANY
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10)
QUESTION:
This insurance is expensive. Can an employer ask his employees to pay part of the cost?
ANSWER:
No. Workers' compensation insurance is part of the cost of doing business. An employer cannot ask employees to help pay for the insurance premium.
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11)
QUESTION:
What should an employer do if he/she suspects an employee is guilty of fraud?
ANSWER 1:
If you suspect or know of SDI fraud, contact SDI or call the EDD Fraud Tip Hot-Line at 1-800-229-6297. Anonymous calls are accepted.
ANSWER 2:
You should report that opinion to your workers' comp claims administrator. Tell them all the facts you know, any witnesses you may be aware of, and the people they should talk to. Follow up any phone or verbal report with a letter.
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12)
QUESTION:
What if an employer does not have insurance and an employee gets injured? Are there any legal penalties?
ANSWER:
Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of up to $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.
If an employee gets hurt or sick because of work and you are not insured, you are responsible for paying all bills related to the injury or illness. Contact the information and assistance officer at your local DWC office for further information. You should be aware that workers' compensation benefits are only the exclusive remedy for injuries suffered on the job when you are properly insured. If you are illegally uninsured and an employee gets sick or hurt because of work, that employee can file a civil action against you in addition to filing a workers' compensation claim.
If you fail to pay required benefits you may also be contacted by the Uninsured Employers' Benefit Trust Fund.
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13)
QUESTION:
How many weeks may an employee receive temporary disability payments as a result of a job injury per SB 899?
ANSWER:
SDI may pay up to 52 weeks of benefits with a waiting period of only seven days. |
