Employment Interview Wage And Hour Law

Front 1

What does PAGA allow a person to do?

Back 1

Collect civil penalties for labor code violations for himself or other current or former employees

Front 2

What are examples of civil penalties in wage and hour law?

Back 2

Failure to pay minimum wage or overtime, retaliation

Front 3

For a serious violation of the labor code permitting individual cases, what process must be followed?

Back 3

Employee must notify LWDA and employer of claim, providing the LWDA a chance to investigate the claim and grant a citation or allow the individual case

Front 4

What are examples of serious violations of the labor code?

Back 4

Failure to pay minimum wage, overtime, failure to provide meal breaks

Front 5

What is the process for less serious labor code violations allowing for individual cases?

Back 5

The employee must allow the employer to try to cure the problem or let the LWDA investigation process work if there is a dispute over the employer’s cure

Front 6

What are less serious labor code violations?

Back 6

Everything except serious violations and posting violations, and some other things

Front 7

Under the wage and hour laws, what happens if a worker incurs gas, travel expenses, tool loss, etc while working for the benefit of the employer?

Back 7

Employer must reimburse worker

Front 8

What is the prima facie case for retaliation under wage and hour law?

Back 8

Engaged in protected activity, employer knew of protected activity, adverse action; causal connection between protected activity and adverse action

Front 9

What is the process for evaluating a retaliation claim under wage and hour law

Back 9

The claim is sent to DLSE, which assigns the problem to an RCI, who conducts an investigation and maybe a hearing to advise the labor commissioner whether there is retaliation. The labor commissioner then makes a decision.

Front 10

What if one side in not happy with the labor commissioner determination of the wage and hour retaliation claim?

Back 10

Can appeal to the Director of the Department of Industrial Relations

Front 11

How can a person with a wage and hour retaliation claim avoid having to wait two years for an answer at the the DLSE?

Back 11

File a wrongful termination in violation of public policy – go straight to court and collect tort damages

Front 12

What two main records are employers required to keep under wage and hour law?

Back 12

Wage order mandated records, pay stubs

Front 13

What can an employee inspect within 21 days of request under wage and hour law?

Back 13

Records required by the wage orders, pay stubs, anything the employee signed

Front 14

Is a person obligated to go to the DLSE first?

Back 14

No they can go straight to court

Front 15

What kinds of cases can the DLSE prosecute?

Back 15

Individual and largescale

Front 16

The is the process DLSE follows?

Back 16

Berman Hearings and civil actions on behalf of an aggrieved worker or workers

Front 17

What are the steps to a Berman Hearing?

Back 17

Filing a claim, prehearing conference, hearing

Front 18

What happens at the prehearing conference in a Berman hearing?

Back 18

The Deputy Labor Commissioner hears the case, encouraging settlement and dismissing the case if there doesn’t seem to be a cause of action

Front 19

What happens if the worker’s claim is dismissed at the pre-hearing conference in the Berman hearing?

Back 19

The worker can still pursue a civil action

Front 20

Where must an aggrieved worker file under federal wage and hour law?

Back 20

DOL or federal district court

Front 21

When will the DOL file and action?

Back 21

When multiple workers are involved?

Front 22

Can a worker file a civil action if the DOL files an action on his behalf?

Back 22

No

Front 23

What does California law consider offered vacation pay?

Back 23

Deferred wages

Front 24

What limits can employer place on accrual of vacation pay?

Back 24

Can put cap but can’t be so small as to constitute use it or lose it provision

Front 25

Does employer have to provide vacation immediately?

Back 25

Can hold off during probationary period, but restrictions can’t be a subterfuge for circumventing the labor code

Front 26

What happens to vacation pay upon termination, layoff or quit?

Back 26

Must pay it, unless CBA provides otherwise

Front 27

Where can an employee bring suit for vacation pay violation?

Back 27

Labor Commissioner or court

Front 28

When does employee have a claim for sick leave violation?

Back 28

When employer does not pay worker for sick pay as provided for under contract

Front 29

Can accrued sick pay be paid out at the end of employment?

Back 29

No

Front 30

What are the exceptions to the San Francisco paid sick leave ordinance

Back 30

CBA and existing policy that provides minimum of coverage

Front 31

How much work is required to get an hour of sick leave?

Back 31

30 hours

Front 32

What is the maximum sick leave for 1) employers with more than 10 employees, 2) employers with less than 10 employees?

Back 32

72 hours, 40 hours

Front 33

How long must a person work before beginning to accrue sick time?

Back 33

90 days

Front 34

When can sick leave be granted?

Back 34

Upon reasonable notice by the employee and with reasonable measures to verify validity of the sick leave if necessary

Front 35

What is paid time off and how is it treated upon ending of employment?

Back 35

PTO is combination of vacation pay and paid sick leave. If time can be used if even not sick, will be treated like vacation pay for accrual purposes

Front 36

When must a person who is a regular worker be paid

Back 36

2 times a month evenly spaced with pay following two weeks from time earned

Front 37

When must a person be paid who is a weekly worker?

Back 37

No more than seven days following time worked

Front 38

How often must exempt employees be paid?

Back 38

At least once a month

Front 39

What must a person do before initiating a PAGA suit?

Back 39

Notify the LWDA and give them a chance to investigate

Front 40

How are damages apportioned under PAGA?

Back 40

25% to the employees, 75% to the LWDA

Front 41

When are final wages due for people who are fired or laid off?

Back 41

Immediately upon cessation of work at the place of work or through direct deposit

Front 42

When must a worker who quits get final wages?

Back 42

If gives employer 72 hours notice, on the last day of work; Within 72 hours of last day if don’t give 72 hours notice

Front 43

What happens if the employer does not pay final wages immediately?

Back 43

? Employee due a day’s wage for every day all or part of final wages are not paid if the employer acted willfully

Front 44

What is a willful failure to pay final wages?

Back 44

The employer knew that the wages were due and failed to pay them

Front 45

What are defenses to waiting time penalties?

Back 45

Good faith dispute over the amount of wages due (though undisputed wages must be paid); Certain wages not calculable yet, like commissions

Front 46

How long can waiting time penalties accrue?

Back 46

30 days or from the time payment was due until the initiation of a lawsuit (not just Labor Commission claim)

Front 47

What wage and hour protections does an employer get in severance agreements/waiver of claims?

Back 47

Can’t waive wage claims – can’t waive disputed wages, can’t waive payment of overtime or minimum wage

Front 48

When can’t an employee go to the Labor Commissioner for the payment of severance?

Back 48

When ERISA is involved

Front 49

When must notice of a layoff be given under the WARN act and California equivalent

Back 49

60 days written notice