PHR-CA FLASH CARDS NEWEST ACTUAL 268

PHR-CA FLASH CARDS NEWEST ACTUAL / |268

QUESTIONS WITH VERIFIED ANSWERS.

Work Permit - ---Answers---Except in limited circumstances defined in there, all minors under 18 years of age employed in the State of California must have a permit to work. Work permits are obtained from the local school district.(Employment of Minors)

Webinar - ---Answers---An internet-based seminar created and taught by a qualified trainer and transmitted over the internet or intranet in real time. (AB1825)

Wrongful Demotion - ---Answers---Generally defined umbrella term, which often means the individual has been demoted or reduced in pay grade for illegal reasons.(Employee Rights)

Worker Adjustment and Retraining Notification Act (WARN) - - --Answers---A federal law requiring covered employers to give employees advanced notice of a plant closing or a mass layoff. (Cal WARN)

U.S. v. Oakland Cannabis Buyers' Cooperative - ---Answers--- (2001) U.S. holds there is no medical necessity exception to the Federal Controlled Substances Act, this no protection against federal prosecution for those who handle marijuana under California Compassionate Use Act. 1 / 4

Wrongful Termination - ---Answers---Generally defined umbrella term which often means that the individual has been fired or laid off for illegal reasons. (Employee Rights)

Yanowitz v. L'Oreal USA, Inc. - ---Answers---(2005) 36 Cal.4th 1028. Clarified and materiality test for retaliation by holding that sufficiently material adverse action can be found without termination, discipline, demotion, transfer or any other changes in employment terms, but where evaluations turned suddenly negative and other employer conduct arguably showed retaliation motive.

Lujan v. Minagar - ---Answers---(2004) 124 Cal. App. 4th 1040.Holds that policy of labor code section 6310 prevents discharge of employee who never made a safety complaint in circumstances where employer action was arguably motivated by fear employee was about to make such a complaint.

Issa v. Roadway Package Systems - ---Answers---(June 2, 2006) Cal. S. Ct., No. C-841208-9. A jury initially awarded $61 million to two individuals claiming harassment, where the employer failed to provide harassment training and failed to take appropriate investigatory and remedial actions when it became aware of harassment complaints.

Reeves v. Safeway Stores - ---Answers---(2004) 121 Cal. App.4th 95. Retaliation claim can go to jury even though ultimate employment decision maker was unaware of protected activity, because disciplinary process leading to termination 2 / 4

was influenced by supervisor with arguable retaliation motives

• i.e., "cat's paw" theory.

Administrative controls - ---Answers---Provisions related to organization and management, procedures, recordkeeping, assessment, and reporting necessary to ensure safe operation of a facility.

Accident - ---Answers---This is an unplanned sequence of events that results in an undesirable consequences.

California Code of Regulations (CCR) - ---Answers---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.

Bureau of Investigation (BOI) - ---Answers---A DOSH unit that conducts criminal investigations into serious safety and health violations.

Cal/OSHA Consultation - ---Answers---A DOSH unit that provides consultation services to employers.

Cal/EPA - ---Answers---The California Environmental Protection Agency.

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CLC - ---Answers---An acronym that signifies the California Labor Code.

Carpal tunnel syndrome - ---Answers---An injury due to swelling or entrapment of the median nerve in the wrist.

Cumulative trauma (CT) - ---Answers---An injury or illness that occurs over a period of time; for example, carpal tunnel syndrome.

Code of Safe Practices - ---Answers---A set of workplace rules that describe how to perform job duties safely.

Employer - ---Answers---Under Cal/OSHA, an employer includes 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 for certain household services in private homes.

Division of Safety and Health (DOSH) - ---Answers---The California state agency that enforces CAL/OSHA safety and health standards.

General Industry Safety Orders (GISO) - ---Answers---Refers to California's general industry safety orders. Many organizations are covered under these safety orders.Construction and the petroleum industries are examples of industries that have their own CAL/OSHA safety orders.

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