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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

June 2008     MCLE Test and Answer Sheet

Test No. 171: Wage Scales

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The additional hour of pay imposed under Labor Code Section 226.7 for missed meal or rest breaks is:
 A. A statutory penalty.
 B. A premium wage.

2. The limitations period applicable to claims under Labor Code Section 226.7 is:
 A. One year.
 B. Two years.
 C. Three years.
 D. Four years.

3. Labor Code Section 221 bars employers from offering employees bonus plans based on the net profits of a business.
 True.
 False.

4. Are all provisions in employment-related arbitration agreements that limit the right of an employee to seek class or group relief per se invalid under California law?
 Yes.
 No.

5. Must a court consider the practical obstacles to the vindication of the rights of other employees when deciding whether to compel individual arbitration of an employment dispute?
 Yes.
 No.

6. Must a court take into account whether other employees are likely to be aware of their legal rights when deciding whether to compel individual arbitration of an employment dispute?
 Yes.
 No.

7. Must a court consider the value of a plaintiff’s claim when deciding whether to compel individual arbitration of an employment dispute?
 Yes.
 No.

8. Must a court take into account the risk that the employer might retaliate against the plaintiff when deciding whether to compel individual arbitration of an employment dispute?
 Yes.
 No.

9. Labor Code Section 2802 requires an employer to reimburse the out-of-pocket expenses of an employee separately from the employee's paycheck.
 True.
 False.

10. Which of the following is not an acceptable way of reimbursing employees for car expenses?
 A. Paying actual expenses as they are incurred.
 B. Paying a per diem or fixed allowance.
 C. Paying an hourly rate that is higher than the rate for competing businesses, without any separate component for car expenses.
 D. Paying the IRS per-mile rate.

11. If an employee consents to a per diem payment for car expenses, may the employee sue to recover actual car expenses in excess of the per diem?
 Yes.
 No.

12. California courts interpret exemptions from overtime pay requirements broadly in order to accommodate the business needs of employers.
 True.
 False.

13. Employees whose primary duty is to produce the product or service that the employer sells cannot qualify for the administrative exemption under California law.
 True.
 False.

14. In order to qualify for the administrative exemption under California law, an employee must either 1) participate in making policy for the employer, or 2) have a direct effect on general business operations.
 True.
 False.

15. The California Supreme Court is currently reviewing whether insurance claims adjusters are administratively exempt from overtime under state law.
 True.
 False.

16. Is "deliberate willful misclassification" a basis for imposing overtime liability on an employer under California law?
 Yes.
 No.

17. Does the plaintiff bear the burden of proving that an overtime exemption is amenable to class treatment?
 Yes.
 No.

18. Is an employer required to ensure that employees cease work during rest breaks required under California law?
 Yes.
 No.

19. Is an employer required to ensure that employees cease work during meal breaks required under California law?
 A. Yes.
 B. No.
 C. The question is not fully settled.

20. Does the issue of whether employers are required to ensure that employees cease work during meal breaks affect the suitability of meal break claims to class treatment?
 Yes.
 No.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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