- The recent Dynamex case suggests that gig economy workers, such as Uber and Lyft drivers, will be considered as employees under California law.
True or False
2.Richard is a supervisor at Workbit, which has over 40 employees, most of which are located at the main office in Carson. The other day, Richard heard Tom and Raymond discussing their pay. Richard recalled that discussing compensation is prohibited under Workbit's employment policies and the policy is stated in Workbit's employee handbook. Richard calls Tom and Raymond into his office and informs them that both of them are subject to discipline and will be suspended without pay for one week for violating company policies. Which is an incorrect statement of the law?
a.Workbit should review its pay policies and practices to make sure that both Tom and Raymond do not have pay differentials for performing the same job.
b.Workbit needs to revise its employee handbook.
c.Richard may want to be able to explain to Tom and Raymond if there are any factors which justify pay differentials if they are performing substantially similar jobs.
d.Workbit needs to re-train Richard so that he does not restrict (or appear to restrict) employees from discussing wages.
3.A recent California Supreme Court case has established a new standard for independent contractors v employees and created the "ABC" test for establishing a worker's independent contractor status. Which of the following are part of the new standard?
a.the worker performs tasks that are outside of the hiring company's usual course of business
b.the worker is free from control and direction of the hiring entity, both under contract and in fact
c.the burden is on the hiring entity to establish that the worker was not intended to be part of wage coverage
d.the worker is customarily engaged in an independently established trade or business of the same type as the work performed.
4.Tasha is the owner of a construction company. She has several workers who she employs on an "as needed" basis. She has made sure to obtain the necessary documentation for I-9 requirements for all of her workers. One of her field supervisors has informed her that a couple of the workers have California drivers licenses of the type that are given to undocumented workers. She asks the supervisor to obtain copies of the licenses for the files. Within 10 days of receiving copies of the licenses, Tasha informs her workers that she can no longer employ them because of their undocumented status. Does Tasha have a problem with having terminated the workers?
a.No, because the workers were employees at will.
b.Yes, because the workers had previously provided Tasha with documents that appeared on their face to be genuinely in compliance with the I-9 form.
c.Perhaps, under federal law if Tasha's motivation was retaliatory and an unfair immigration practice because the workers could have other reasons for having that type of drivers license.
d.No, because Tasha complied with California law by giving the workers warning before she cooperated with federal ICE agents and provided them with information about the workers undocumented status.
5.Snappy Corp is a small closely held corporation with 35 employees. It's owners are Christian Scientists and believe that illness is a sign of moral weakness that can be prayed away rather than treated with modern medicine. Snappy Corp is located in Sacramento, California and its owners have declined to develop a written policy about sick leave because they feel that the new California paid sick leave policy violates their religious freedom. Snappy Corp has been warned by its attorney that if it doesn't develop a written policy capping the use of mandatory paid sick leave, it will have to follow the statute.
Angela is an long-time employee at Snappy Corp. She has worked full-time since 2013 and never taken a day off. She has just been diagnosed with a treatable cancer. Which is a correct statement of the law?
a.Because Snappy Corp refused to develop a paid sick leave written policy, Angela may have accrued nearly 9 days of paid sick leave by July 1, 2016.
b.Angela will be capped at 3 paid sick days per year regardless of how long she has worked at Snappy Corp.
c.Snappy Corp does not have to comply with California's mandatory paid sick leave law because it can assert religious objections, such as permitted under the US Supreme Court Hobby Lobby case.
d.Angela is entitled to take up to 12 weeks unpaid leave under the Family Medical Leave Act.
6.When an employee alleges sexual harassment based on a hostile work environment:
a.the more severe the conduct, the less extensive it need be for it to be found to be hostile.
b.the more severe the conduct, the more extensive it should be for it to be found to be hostile.
c.the conduct must be severe and extensive over a protracted period of time in order for a claim to be recognized.
d.None of the above choices is correct.
7.Title VII obligates employers to accommodate an employee's religious beliefs rather than his/her practices.
True or False
8.According to EEOC guidelines, a reasonable accommodation includes:
a.making the facilities usable for individuals with disabilities.
b.restructuring the job by lowering the standards for disabled employees.
c.modifying work schedules.
d.providing interpreters or readers for a disabled employee.
9.In the recent ruling in the case of Mendoza v. Nordstrom, the California Supreme Court clarified that the California "Day Of Rest" statute permits employees to work more than seven days in a row if they are given the equivalent of one day's rest in seven days rather than focusing on 7 calendar days.
True or False
10.Effective in 2018, California's expanded paid family leave act grants up to 6 weeks leave, will allow people earning close to minimum wage to be paid up to 70% of their salary while on leave, will permit workers who earn up to $108,000 annually to receive at least 60% of their salary during leave, and will eliminate the waiting period to receive benefits.
True or False
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