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PHRCA CHAPTER 1 COMPENSATION AND WAGE
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PHRCA CHAPTER 1 COMPENSATION AND WAGE
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PHRCA CHAPTER 1: COMPENSATION AND WAGEThe Department of Labor Standards Enforcement (DLSE) is a division of the
department of Industrial Relations. What is the main role for the DLSE? - Answers -
Enforcing California Wage and Hour Laws
Adjudicates wage claims on behalf of workers for claims of unpaid wages, overtime or
vacation. What is the name of this department? - Answers -Wage Claim Adjudication
Investigates and enforces statutes covering workers' compensation insurance coverage,
child labor, cash pay, unlicensed contractors, industrial Welfare Commission orders,
and group minimum wage and overtime claims. What is the name of this department? -
Answers -Bureau of Field Enforcement
This department investigates and enforces statues covering private contractors with
regards to prevailing wage laws. - Answers -Public Works
This department investigates complaints alleging discriminatory retaliation in the
workplace. - Answers -Retaliation Complaint Investigations
This department enforces judgements for unpaid wages and penalties. - Answers -
Judgement enforcement
This department provides licensing and registration for organizations that must have
licenses to be in business. - Answers -Department of Licensing and Registration
This department represents legal cases. - Answers -Legal
Legal documents filed in appellate court cases by non-litigants with a strong interest in
the subject matter. These briefs advise the county of relevant, additional information or
arguments that the courts might wish to consider. What are they called? - Answers -
Amicus Briefs
Explain Orders 4 and 7 Variables to the Overtime rules. - Answers -1. The employee's
earning exceed 1.5 times the state minimum wage; and 2. At least 50 % of the
employee's total compensation is from commission.
What is a living wage? - Answers -A wage that is high enough to maintain a normal
standard of living.
Why must employers define the word day and work week? - Answers -In order to
calculate overtime.
When must a rest period be taken? - Answers -All nonexempt employees are entitled to
one (1) ten (10) minute rest break for every four (4) hours worked , and two (2) ten (10)
, minute rest breaks for an eight (8) hour workday. The rest of the break(s) should fall as
close to the middle of the work day, or in the middle of each four hour period if working
full-time. Employees whose shifts are completed within three 1/2 hours are not entitled
to a rest break. These rest periods are compensated time and should not be deducted
from an employee's earnings.
Describe the Adoption Process for an Alternative Workweek. - Answers -1. Written
proposal to the affected group
2. Hold meeting(s) to discuss how the proposed change will affect their wages, hours,
and benefits
3. Secret ballot vote
4. Register the Alternative Workweek with the DIR within thirty (30) days
Describe the Repeal Process - Answers -1. 1/3rd of affected employees by the
Alternative Workweek repeal the schedule.
2. Secret ballot vote (2/3rd of the affected employees vote in favor of the repeal)
3. Employer must comply within sixty (60) days.
California Overtime Rules (5) - Answers -1. Hours worked over eight hours in one day
(1.5 times)
2. Hours worked over forty hours in one workweek (1.5 times)
3. The first eight hours worked on the seventh consecutive workday in the workweek
4. Hours worked over twelve hours in one workday: double-time
5. Hours worked over eight hours on the seventh consecutive workday in the workweek:
double-time
What is On-Call Pay? - Answers -Organizations that require their employees to be on-
call during off hours may be required to compensate them for their time. But to
determine if this time is compensable, we need to look at the degree to which the
employee's freedom is restricted during this time. If the employee is required to remain
on the employer's premises or the employee's ability to conduct personal business is
impacted by the on-call work (such as they need to be able to report to the workstation
within thirty minutes of receiving a call), then they are expected to be compensated for
this time. On-call time may be compensated at a rate less than the employee's regular
rate of pay, but not less than minimum wage.
What are the four exceptions to Reporting Time? - Answers -1. Acts of God
2. Utility failure
3. Employee threatened
4. Employer required to cease operations by a local state or federal government
How does Makeup Time work? - Answers -Employees are allowed to request makeup
time if they are unable to work a full shift under certain circumstances. This time needs
to be requested in writing and in advance by the employee, and needs to be completed
within the same workweek as the time off. An employer may inform an employee of this
option, but may not encourage or solicit the employee to utilize makeup time. It is the
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