OVERVIEW OF THE CLASS AND LEARNING OBJECTIVES

Transcription

1 OVERVIEW OF THE CLASS AND LEARNING OBJECTIVES Presented by: Gina de Miranda, M.A., SPHR-CA, SHRM-SCP TPO Bilingual Consultant PHRca Instructor 1

2 OBJECTIVES FOR THIS CLASS Helping You Get Registered for the PHRca Painlessly! Understand The Test s Dynamics and Acquiring Test-Taking Skills Create Your Personal Strategy for Taking and Passing This Test Master the Sections that You Need to Master to Get a Passing Grade Create the Foundation for Your Future Career Goals Get an Overview of The Wage and Hour Section of the Test 2

3 HELPING YOU TO GET REGISTERED To register, you need to go to HRCI.org Here is where you apply: You will need an updated resume and job description to fill out the application form which you will download from the site or fill out online. Before you fill out the application, you will need to review the qualifications for the test. 3

4 QUALIFICATIONS FOR THE PHRca You Are Qualified to Take the PHRca Exam If you meet ONE of the following conditions for education and experience: At least one year of experience in a professional-level HR position + a Master s degree or higher, At least two years of experience in a professional-level HR position + a Bachelor s degree, OR At least four years of experience in a professional-level HR position + a high school diploma. 4

5 AFTER REGISTRATION Once you are registered for the test, you will have 180 days during which the test may be taken. Try to take the test as soon as possible AFTER the prep class is finished. Stay in test-taking shape, by doing the following: While you are waiting, keep taking practice tests. Work on memorizing your facts, formulas and knowledge. Have friends drill you or use the flash cards as much as possible. Work on keeping your mind in the right state as outlined in test dynamics slide. 5

6 UNDERSTANDING THE TEST S DYNAMICS The test has four sections corresponding to the functional areas of knowledge that you must know. The Four Functional areas and their proportionate weight for the exam are: Compensation/Wage and Hours = 22% Employment and Employee Relations = 46% Benefits and Leaves of Absence = 20% Health, Safety and Worker s Compensation = 12% 6

7 CREATING YOUR OWN STRATEGY Before you came to class, you should have taken the pre-test. This permits you to know what you know and where you are weak. Let s use that knowledge. Compensation/Wage and Hours Employment and Employee Relations Benefits and Leaves of Absence Health, Safety and Worker s Compensation WHERE YOU ARE STRONG WHERE YOU MUST FOCUS YOUR STUDIES WHERE YOU NEED HELP 7

8 MASTERING TEST TAKING Test-taking is a skill like any other skill. Mastering test-taking is a function of: Understanding and being used to a timed exercise Remembering facts and formulas Pacing yourself during the test Remaining calm, focused and logical during the test Reading every word in the question and determining those which are intended to create confusion Eliminating answers 8

9 CLASS RULES FOR SUCCESS You will need to do your readings each week as well as exploring some of the websites from some of the agencies that we will be talking about. You will need to bring questions to class about what you have read. You will need to apply what you learn via the practice test-taking, flash cards and other memorization tools that we are providing. You will need to practice calculating overtime, non-productive time and other concepts. By the way, non-productive time calculations will not be on this test, because the court cases and AB 1513 did not come into effect until 2015, so they won t be on this test. You need to be aware of these concepts for your own career. 9

10 FUNCTIONAL AREA #1 Compensation/Wage and Hour EXAM-SPECIFIC OVERVIEW Getting it in to Context 10

11 FUNCTIONAL AREA #1 Wage and Hour This area is worth 22% of your test score Responsibilities under this functional area: Develop and implement policies and procedures to comply with state law. Ensure compliance with state wage and hour laws as outlined in the 17 wage orders from the Department of Industrial Relations. Develop and implement policies and procedures relating to independent contractors. Establish and administer payroll, timekeeping, documentation and records retention policies and procedures under laws governing compensation. 11

12 FUNCTIONAL AREA #1 Wage and Hour This area is worth 22% of your test score Knowledge: Definition of all wages (including split shifts, reporting time pay, on call, makeup time, premium pay, travel time and commissions) Wage orders Minimum wage requirements and exceptions (prevailing wages and living wages) Vacation pay and paid time off (PTO) Overtime regulations including calculating multiple rates of pay and effects of bonus payments on overtime calculations Job classifications for exempts and non-exempts

13 FUNCTIONAL AREA #1 Wage and Hour Knowledge Continued This area is worth 22% of your test score Rules pertaining to independent contractors Timing of payments (for example: regular pay, overtime, direct deposit and final pay) as well as fines and penalties for non-compliance) Rest and meal periods Definitions of work day, work week including alternative work week schedules (aws) Permitted and prohibited payroll deductions (example: exempt employees and gratuities) Business expense reimbursement 13

14 FUNCTIONAL AREA #1 Wage and Hour This area is worth 22% of your test score Knowledge Continued Garnishments and bankruptcy Role and responsibilities of the Department of Labor Standards Enforcement State law requirements for timekeeping Legal requirements for individual notices and documentation on pay stubs Legal requirements for postings and notices Documentation and records retention requirements 14

15 ORG CHART for DEPARTMENT OF INDUSTRIAL RELATIONS 15

16 FUNCTIONAL AREA #1 Compensation/Wage and Hour EXAM PREPARATION COURSE Study Guide Review 16

17 Wage Claim Adjudication Adjudicates (adjudicates means settles, resolves, decides or referees when necessary) wage claims on behalf of workers for claims of unpaid wages, overtime or vacation. 17

18 Bureau of Field Enforcement 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. 18

19 PUBLIC WORKS Investigates and enforces statutes covering private contractors with regards to prevailing wage law. 19

20 Retaliation Complaint Investigations Investigates complaints alleging discriminatory retaliation in the workplace. 20

21 Judgement Enforcement Enforces judgements for unpaid wages and penalties 21

22 Department of Licensing & Registration Provides licensing and registration for organizations that must have licenses to be in business. 22

23 Legal Represents legal cases. 23

24 Amicus Briefs Amicus Briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the courts might wish to consider. 24

25 Industrial Welfare Commission Orders OFFICIAL NOTICE INDUSTRIAL WELFARE COMMISSION ORDER.NO REGULATING WAGES, HOURS AND WORKING CONDITIONS IN THE PUBLIC HOUSEKEEPING INDUSTRY Effective July 1, 2003 as amended Revised 10/

26 Industrial Welfare Commission (IWC) 1. Manufacturing 2. Personal Services 3. Canning, Freezing and Preserving 4. Professional, Technical, Clerical, Mechanical and Similar Occupations 5. Public Housekeeping 6. Laundry, Linen Supply, Dry Cleaning and Dyeing 7. Mercantile 8. Industries Handling Products After Harvest 9. Transportation 10. Amusement and Recreation 11. Broadcasting 12. Motion Picture 13. Preparing Agricultural Products for Market on the Farm 14. Agricultural 15. Household 16. Certain On-site Occupations in the Construction, Drilling, Logging and Mining Industries 17. Miscellaneous Employees 26

27 Which Four Orders Have Variables to the Overtime Requirements? 1. Manufacturing 2. Personal Services 3. Canning, Freezing and Preserving 4. Professional, Technical, Clerical, Mechanical and Similar Occupations 5. Public Housekeeping 6. Laundry, Linen Supply, Dry Cleaning and Dyeing 7. Mercantile 8. Industries Handling Products After Harvest 9. Transportation 10. Amusement and Recreation 11. Broadcasting 12. Motion Picture 13. Preparing Agricultural Products for Market on the Farm 14. Agricultural 15. Household 16. Certain On-site Occupations in the Construction, Drilling, Logging and Mining Industries 17. Miscellaneous Employees 27

28 Orders Four and Seven Variables to The Overtime Rules Orders 4 and 7 - Inside Sales The employee s earnings exceed 1.5 times the state minimum wage; and At least 50 percent of the employee s total compensation is from commissions. 28

29 Order Ten Variation from Overtime Order Number 10 Ski Industry In the Ski Industry overtime does not kick in until an employee has worked in excess of ten hours in one day or 48 hours in a week. 29

30 Order 14 Variation from Overtime Order Number 14 Sheepherders Sheepherders are paid a different rate than is required under California minimum wage laws, they have requirements for certain working conditions such as a place to receive mail, phone and visitor access to fixed site housing or mobile housing. 30

31 Considering the IWC Orders The Big Difference Between Exempt vs. Nonexempt Nonexempt are Covered by The IWC Orders. Exempt are NOT Covered by The IWC Orders. Employers have the burden of proof. 31

32 Exempt Employee What is an Exempt Employee? Compensated based on service and results. Must receive a salary equal to at least two times minimum wage calculated on a weekly basis. At least 51% of an employee s job must be classified as exempt activities. 32

33 Nonexempt Employee What is a Nonexempt Employee? Compensated by the hour Must be paid AT LEAST minimum wage Receives overtime over 8 hours in one day Covered by all meal and rest break rules in the IWC orders 33

34 Employee Working as Exempt and Nonexempt Example: Retail Store Manager 34

35 What are the Six Exemption Tests? Administrative Executive Professional Computer Outside Sales Commissioned Inside Sales 35

36 Who Needs a Child Labor Work Permit? Anyone under age 18 who has not yet graduated from high school or earned their GED 36

37 What is an Independent Contractor? An Independent Contractor is a person, business, or corporation that provides goods or services to another entity under terms specified in a written contract or verbal agreement. Employers need to be careful when classifying individuals that are conducting business for them to ensure they are correctly classifying them as an independent contractor or as an employee. Because independent contractors are not employees, many state and federal laws do not apply when dealing with the compensation owed for the work performed. Therefore, an incorrect classification can result in fines, penalties, and unpaid wages. 37

38 What is Minimum Wage? The minimum wage is the lowest amount of compensation an employer can offer an employee to perform work, with few exceptions. 38

39 What is Prevailing Wage? In government contracting, a prevailing wage is defined as the hourly wage, usual benefits and overtime, allegedly paid to the majority of workers, laborers, and mechanics within a particular area. Prevailing wages are established by regulatory agencies for each trade and occupation employed in the performance of public work, as well as by State Departments of Labor or their equivalents. 39

40 What is Living Wage? A wage that is high enough to maintain a normal standard of living. 40

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