General Practice Flashcards

Under California's Industrial Welfare Commission (IWC) Wage Orders, which industry classification governs most general office and clerical workers?

Answer: Wage Order 4 — Professional, Technical, Clerical, Mechanical

IWC Wage Order 4 applies to professional, technical, clerical, mechanical, and similar occupations, covering most office and administrative workers in California.

California's CFRA was amended effective January 2021 to apply to employers with how many employees?

Answer: 5 or more

SB 1383 expanded the California Family Rights Act to apply to employers with 5 or more employees, significantly broadening coverage compared to the previous 50-employee threshold.

An employee in California is classified as exempt from overtime. Which test must they pass under California law?

Answer: Both salary basis AND duties tests under California's stricter standards

California requires exempt employees to pass both a salary basis test (currently two times the state minimum wage) and a duties test, and California's duties tests are generally stricter than federal standards.

What does California's 'suitable seating' requirement mandate for retail and service employees?

Answer: Employers must provide seats when the nature of the work reasonably permits

California Wage Orders require employers to provide suitable seating to employees when the nature of the work reasonably permits the use of seats.

California's statewide ban-the-box law (AB 1008) prohibits employers with 5 or more employees from asking about criminal history until what point in the hiring process?

Answer: Before a conditional offer of employment is made

AB 1008 prohibits California employers from inquiring about criminal history until after a conditional offer of employment has been extended.

Under California's Kin Care law, employees can use accrued sick leave to care for which family members?

Answer: Any individual whose association is equivalent to a family relationship

California's Kin Care law allows employees to use up to half of their accrued sick leave to care for a broad range of family members, effectively any person with a family-equivalent relationship.

A California employer receives notice that an employee has been served with an earnings withholding order (EWO). What is the maximum that can be withheld from disposable earnings per pay period under California law?

Answer: 25% of disposable earnings or the amount exceeding 40 times the minimum wage, whichever is less

California follows federal consumer credit protection limits: the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the applicable minimum wage.