California Labor and Employment Regulations, Exams of Nursing

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PHR-CA Exam Questions 100% Correct answers 2024 1) Accident - Correct answer Unplanned sequence of events that results in undesirable consequences 2) Alternative workweek - Correct answer Any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period 3) Adverse employment action - Correct answer Employment action (such as termination, demotion, etc.) that either materially affects the terms and conditions of employment or would deter an individual from engaging in a protected activity; required part of a retaliation claim 4) Adverse action notice - Correct answer 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 5) American College of Occupational and Environmental Medicine (ACOEM) - Correct answer Publishes Occupational Medicine Practice Guidelines that are used in most cases to decide type and amount of treatment approved for work injury or illness 6) Americans with Disabilities Act (ADA) - Correct answer Federal law that prohibits discrimination against people with disabilities 7) Antipiracy agreement - Correct answer Agreement by one party not to recruit employees of another party, typically limited to a specific time period 8) Apportionment - Correct answer Way of figuring out how much of a permanent disability is due to the work injury and how much is due to other disabilities 9) Assembly Bill (AB) 1825 - Correct answer Requires 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) 10) Avoidable consequences doctrine - Correct answer Principal 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 11) Bonus - Correct answer Money promised to an employee in addition to the monthly salary, hourly wage, commission, or piece rate due as compensation; usually based on performance 12) Cal/OSHA - Correct answer California's occupational safety and health program 13) Cal WARN Act - Correct answer Requires a covered employer to give a particular kind of written notice 60 days in advance of certain notice-triggering events (mass layoffs, relocations, or termination) 14) California Code of Regulations (C.C.R.) - Correct answer Contains the regulations of approximately 200 state regulatory agencies; regulations have been formally adopted by state agencies; reviewed and approved by the Office of Administrative Law, and filed with the Secretary of State 15) California Confidentiality of Medical Information Act (CCMIA) - Correct answer State law that imposes restrictions on the use, 30) Crime victim - Correct answer Person who has been the victim of a violent felony, a serious felony, or a felony provision of the law proscribing theft or embezzlement 31) Cumulative trauma disorder (CTD) - Correct answer Disorder that is caused by repeated events or repeated exposures at work, for example, wrist injury caused by performing the same motion over and over or a loss of hearing caused by constant loud noise 32) Department of Fair Employment and Housing (DFEH) - Correct answer California government agency responsible for administering the Fair Employment and Housing Act (FEHA), including investigation of complaints and issuing right-to-sue letters and/or prosecuting possible violations 33) Department of Insurance - Correct answer California government agency that licenses and regulates workers' compensation insurance carriers and investigates allegations of workers' compensation fraud 34) Deterrence test - Correct answer One of two tests to determine whether an adverse employment action has occurred for retaliation purposes; asks whether the employment action taken would deter a reasonable employee from engaging in the protected activity in which the employee engaged 35) Division of Labor Standards Enforcement (DLSE) - Correct answer California state agency that adjudicates wage claims, investigates discrimination and public works complaints, and enforces Labor Code statutes and IWC Wage Orders 36) Division of Occupational Safety and Health (DOSH) - Correct answer California state agency that enforces Cal/OSHA safety and health standards 37) Division of Workers' Compensation (DWC) - Correct answer California state agency that administers workers' compensation 38) Domestic partners - Correct answer Two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring 39) Drug-Free Workplace Act - Correct answer Statute requiring organizations to certify that they provide a drug-free workplace or will do so prior to being awards state contracts or grants regarding drug- free workplaces 40) Duplicate training - Correct answer Process permitted for organizations to recognize and credit AB 1825 training provided to a new supervisory employee by a previous or different employer of that employee 41) Emergency rescue personnel - Correct answer Any officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the state of California, a city, county, district, or other public or municipal corporation or political subdivision of this state, or of a sheriff's department, police department, or private fire department, whether that person is a volunteer or partly paid or fully paid 42) E-monitoring - Correct answer Electronic monitoring or surveillance in the workplace 43) Employee (for Cal-WARN) - Correct answer Person employed by an employer for at lease six of the 12 months preceding the date on which notice is required under Cal WARN 44) Employee (for UI and EDD reporting) - Correct answer Any individual or person performing services for wages or under any 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 most often considered an employee and an employer-employee relationship exists 45) Employer (for Cal/OSHA) - Correct answer Any person or corporation, the state and every state agency, every county or city and district and public agency therein, which has any person engaged in or permitted to work for hire, except certain household services in private homes 46) Employer (for Cal WARN) - Correct answer Any person or entity owning and operating a covered establishment 47) Employer (for unemployment insurance) - Correct answer Any employing unit, which for some portion of the day, has within the current calendar year or had within the preceding calendar year in employment one or more employees and which pays wages for employment in excess of $100 during any calendar quarter 48) Employer-employee relationship - Correct answer Relationship that exists when a person who hires an individual to perform services has the right to exercise control over the manner and means by which the individual performs his or her services 49) Employment Development Department (EDD) - Correct answer California government agency that supports state activities and benefit programs by collecting and administering employment- related taxes such as employer-financed unemployment insurance; also provides other services to employers and employees 50) Employment-at-will doctrine - Correct answer Reflects public policy favoring the free mobility of labor by specifying that either party to an employment relationship may end that relationship with or 68) Implied contract - Correct answer Oral or written representations to employees regarding job security or other matters that may, in some circumstances, create an implied agreement of employment for some term or for continued absent cause for termination 69) In loco parentis - Correct answer In the place of a parent, charged with a parent's rights, duties, and responsibilities; does not require a biological or legal relationship 70) Independent contractor (IC) (for UI and EDD reporting) - Correct answer Individual who is not an employee of the service- recipient and who receives compensation or executes a contract for services performed for that service-recipient; any person who renders service for a specified recompense for a specified result, under the control of the principal as to the result of his or her work only and not as to the means by which such result is accomplished 71) Independently wrongful act - Correct answer Act proscribed by constitutional, statutory, regulatory, common law, or other determinable legal standard that organizations must avoid when hiring from a competitor 72) Individual tracking - Correct answer Mode of tracking AB 1825 training that involves tracking the training date of each trainee separately in order to ensure that retraining occurs no more than two years later 73) Industrial Welfare Commission (IWC) - Correct answer Unit of California Department of Industrial Relations that is responsible for setting wages, hours of work, and working conditions of California employees 74) Injury and illness prevention program (IIPP) - Correct answer Health and safety program employers are required to develop and implement 75) Interactive process - Correct answer Duty an organization has to engage in a good-faith exchange of information and exploration of options with an employee (or applicant) who has a disability to determine the existence and reasonableness of any accommodation that might be available to permit the employee or applicant to perform the essential functions of the job 76) Invention assignment agreement - Correct answer Agreement under which an employee agrees to assign to the organization any and all rights the employee may have in inventions and ideas that the employee generates through the employment with the organization 77) Investigative and Consumer Reporting Agencies Act (ICRAA) - Correct answer California law that imposes requirements employers must follow when using an outside agency to perform a background check 78) Job analysis - Correct answer Systematic method used in obtaining a detailed listing of the tasks of a specific job 79) Labor - Correct answer 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 80) Layoff (for Cal WARN) - Correct answer Separation from a position for lack of funds or lack of work 81) Lien - Correct answer Right or claim for payment 82) Mandatory arbitration - Correct answer Arbitration of employment disputes that is required by an arbitration agreement that the employer requires new hires and/or existing employees to sign as a condition of employment or continuing employment 83) Mass layoff (for Cal WARN) - Correct answer Layoff of 50 or more employees at a covered establishment 84) Material safety data sheets (MSDSs) - Correct answer Mandatory detailed information sheets provided by a chemical manufacturer that indicate possible hazards to humans resulting from the use of or exposure to a material 85) Materiality test - Correct answer One of two tests to determine whether an adverse employment action has occurred for retaliation purposes; asks whether the employment action taken was sufficiently material to affect a term or condition of the employee's employment 86) Medical provider network (MPN) - Correct answer Group of health-care providers set up by an insurer or self-insured employer and approved by Division of Workers' Compensation's Administrative Director to treat workers injured on the job 87) Minimum threshold - Correct answer Important concept that AB 1825 secual harassment training is only a minimum and that by itself does not protect an employer from liability for harassment 88) Minimum wage - Correct answer Minimum hourly wage an organization is required to pay by law 89) Minor - Correct answer For most purposes in the employment of minors, a minor means any person under the age of 18 years who is required to attend school under the provisions of the Education Code must describe the uses and disclosure limitations that apply to protect any information the organization obtains via the Web site 107) Private Attorneys General Act (PAGA) - Correct answer Litigation reform that greatly expanded the menu of legal claims that California employees could bring directly into court for themselves and on behalf of others similarly situated 108) Professional annoucement - Correct answer Communication sent by a former employee to an organization's customers, alerting them to the employee's departure from the organization and providing them with new contact information to reach the departed employee 109) Protected activity - Correct answer Activity that involves engaging in or exercising a right that is protected by law, such as serving on a jury or complaining about safety conditions 110) Protected locations - Correct answer Places in which employers cannot make audio or video recordings, such as bathrooms, rest rooms, shower facilities, locker rooms, lactation rooms, or rooms set aside for employees to change clothes 111) Reasonable accommodation - Correct answer Job modifications that enable an individual to perform the essential functions of a job; may involve disability, drug or alcohol rehabilitation, or religious practices 112) Record retention - Correct answer Evidence, proof, or documentation preserved under the custody of the organization 113) Recordable - Correct answer Injury or illness that satisfies conditions requiring record keeping found in Cal/OSHA 114) Registered domestic partners - Correct answer Same-sex couples (or opposite-sex couples in which one member is at least 62 years old who meet certain criteria under California law and follow specified procedures to become listed on the appropriate registry with the Secretary of State, thus entitling them to the same rights and responsibilities as are granted to and imposed upon spouses 115) Relocation (for Cal WARN) - Correct answer Removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away 116) Repetitive motion injuries (RMIs) - Correct answer Injuries that are due to performing the same types of motions over and over, thus using the same muscles, joints, and tendons 117) Respondeat superior - Correct answer Legal term that means an organization can be held liable for damages caused by its employees 118) Retaliation - Correct answer When an employer takes adverse employment action against an employee because the employee engaged in a protected activity 119) Right-to-sue letter - Correct answer Letter a complaining party must receive from the Department of Fair Employment and Housing after filing an administrative charge and before proceeding with a civil action in court 120) Safety-sensitive position - Correct answer Job involving duties that have clear connections to safety 121) Serious health condition (for CFRA) - Correct answer Illness, injury, impairment, or physical or mental condition of employee or child, parent, or spouse of employee that involves with inpatient care or continuing treatment or continuing supervision by a health-care provider 122) Service-provider - Correct answer Individual who is not an employee of the service-recipient and who receives compensation or executes a contract for services performed for that service-recipient; any person who renders service for a specified recompense for a specified result, under the control of the principal as to the result of his or her work only and not as to the means by which such result is accomplished 123) Service-recipient - Correct answer Individual, person, corporation, or other entity or organization that receives services from an individual who is not an employee of the recipient but received compensation or executed a contract to perform services for the recipient 124) Shift - Correct answer Designated hours of work for an employee, with a designated beginning time and quitting time 125) Sick leave - Correct answer Accrued increments of compensation leave provided by an employer for use by the employee during an absence from employment when medically necessary; when the employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the employee; or when the absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition 126) Solicitation - Correct answer Personal petition and importunity addressed to a particular individual to do some particular thing; can constitute unfair competition in some circumstances 127) Spouse - Correct answer Partner in a legal, documented marriage 128) State Disability Insurance (SDI) - Correct answer State- mandated wage replacement program to provide benfits to eligible workers who suffer a loss of wages when they are unable to work;