May 2018 LACBA MCLE Test and Answer Sheet

 

Test No. 278: Quote No More

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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 $20 testing fee ($25 for non-LACBA members) to:

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

Make checks payable to Los Angeles County Bar Association

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-study 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. Salary and compensation history have not historically been relied upon in negotiation of future compensation with talent in the entertainment industry.


2. A “quote” in entertainment industry negotiations is the customary price for services for the talent rendered and is largely based on the development of the talent’s fees over time and can fluctuate depending on the talent’s success.


3. California was the first state to enact a legislative ban on salary inquiries of applicants for employment.


4. California does not have a history of enacting statutes to promote equal pay across the state.


5. Criminal penalties are not available under the new salary ban law, Labor Code Section 432.3, in California.


6. It is permissible to consider salary history for determining salary if an applicant voluntarily and without prompting discloses salary history to a prospective employer.


7. It is not clear whether a general inquiry by an assistant at a studio about what actors typically earn for different roles without having a particular actor in mind for an upcoming job would violate Labor Code Section 432.3.


8. Although determining pay scale may be difficult for entertainment industry talent roles, larger employers may already have salary scales or salary bands for more traditional non-talent roles.


9. An entertainment industry employer may not seek salary history information, including compensation and benefits, about an applicant for employment orally or in writing but may do so through an agent.


10. Similar to the jurisdictional reach of New York City’s salary history law, Section 432.3 limits its reach to an interviewer, employer, applicant, or position located in California.


11. Section 432.3 requires employers to disclose on applications that they are prohibited from requesting salary history.


12. Penalties under the California Private Attorneys General Act (PAGA) are not available to private litigants under Section 432.3.


13. One desired effect of Section 432.3 may be to require companies evaluating nontalent jobs to assign a value to particular jobs rather than rely on prior salary.


14. An unintended consequence of Section 432.3 may be that refusal of talent to provide a quote may signal a studio that the actual quote or desired compensation is low, thereby providing an advantage to more established talent and their agents.


15. Virtually no agents in the entertainment industry are seeking voluntary waivers to avoid ambiguity about salary information that has already been revealed.


16. Pay disparities among the top male and female actors in the entertainment industry continue and can probably be explained by a number of reasons.


17. Websites like Glassdoor, Indeed, and Salary.com provide some compensation data for nontalent jobs but they are self-reported and usually not broken down by gender.


18. One reading of Section 432.3 would not permit a studio to verify what was paid to talent on the talent’s last project for the same studio.


19. Employers are not permitted to ask applicants for a role what compensation they are seeking, even if the employers do not inquire about prior salary or reveal the assigned value of a particular job.


20. Employers in industries outside of entertainment have expressed the view that Section 432.3 will have little influence on their operations.

 


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* 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.