California Employment and Labor Law Terminology

Comprehensive vocabulary flashcards covering California employment regulations, workers' compensation procedures, statutory leaves, and workplace safety definitions.

Minimum Wage

The minimum hourly rate allowed under the law.

Modified Work

Changes made by an employer to an injured worker's job duties to allow them to return to work, accompanied by a doctor's note stating the required modifications or what work the employee is able to perform.

Non-compete Agreement

A contract term under which one party (typically an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer); generally not upheld in California.

Nondisclosure Agreement

An agreement by one party not to use or disclose defined confidential information belonging to another party, which may sometimes be limited to a specific time period.

Non-exempt

Employees who are covered by the Industrial Welfare Commission (IWC) wage orders.

Non-solicitation Agreement

An agreement restricting individuals and organizations from soliciting employees, customers, or business opportunities from another company or organization for a period of time; California may uphold it if the time period is reasonable.

Online Privacy Protection Act (OPPA)

An act requiring a website to post a privacy policy that satisfies requirements to inform visitors how their information may be stored, used, and disclosed.

Paid Family Leave (PFL)

A wage replacement program funded through employee contributions and administered by the Employment Development Department (EDD) for employees who cannot work because they are needed to care for a family member.

Paid Sick Leave

A mandatory benefit requiring all employers to provide all employees with paid time off to care for themselves or a qualified family member.

Permanent and Stationary (P and S)

The medical status reached when an employee's treatment is finished and they have reached their maximum level of improvement.

Permanent Disability (PD)

The condition of an injured employee who has reached the maximum level of medical improvement.

Permit to Employ and Work

Also called a Work Permit, an authorization required for all children under the age of $18$ to work outside of their family.

Pre-Designated Physician

A personal physician pre-designated by an employee through written notice delivered to the employer prior to sustaining a workplace injury or illness.

Pregnancy Disability Leave (PDL)

A statutory provision requiring California employers with $5$ or more employees to grant up to $4\text{ months}$ of leave for employees disabled by pregnancy or pregnancy-related conditions.

Private Attorneys General Act (PAGA)

Legislation authorizing employees to sue their employer and recover damages if the employer mistreats or improperly compensates them.

Private Employees

Individuals employed by a non-government funded employer.

Protected Activity

Any activity guaranteed to an employee by law, such as serving on jury duty or 'whistle blowing' (bringing a bad situation to the attention of the employer or a public agency).

Public Employees

Workers whose employment is funded by federal, state, county, and city government dollars.

Qualified Medical Evaluator (QME)

A physician certified by the Division of Workers' Compensation to carry out official medical evaluations.

Recordable

An injury or illness that must be documented on an OSHA form $300$ because it results in death, days away from work, restricted work or transfer, medical treatment beyond first aid, loss of consciousness, or a significant injury/illness diagnosed by a licensed health care professional.

Registered Domestic Partners

Partners who are not legally married, but are officially registered with the State of California as domestic partners.

Repetitive Motion Injuries (RMI)

Workplace injuries caused by repetitive motion hazards, consisting of repeated actions coupled with the physical stress of improper ergonomics or workstation design.

Retaliation

An adverse employment action taken by an employer against an employee because that employee participated in a protected activity.

Reporting Time

Mandatory compensation owed to an employee who reports to work as scheduled but is sent home early because the employer lacks sufficient work to finish the shift.

Right to Sue Letter

A notice issued by the Department of Fair Employment and Housing to an administrative complainant that must be obtained before initiating a civil lawsuit in court.

Safe Drinking Water and Toxic Enforcement Initiative (Prop 65)

A $1986$ California initiative prohibiting businesses from releasing toxic chemicals into drinking water sources and mandating clear warnings for chemicals identified by the state as causing cancer or reproductive harm.

Safety Data Sheets (SDS)

Notices containing comprehensive details regarding a chemical substance or mixture to support safe chemical management in the workplace.

SB 396

California legislation mandating the inclusion of training on gender identity, gender expression, and sexual orientation within mandatory sexual harassment prevention training.

Sexual Harassment Training

A legal mandate requiring all employers in California with $5$ or more employees to deliver sexual harassment prevention training to their supervisors.

Shift

The designated working hours assigned to an employee, bounded by a specified beginning time and quitting time.

Sick Leave

California requirement mandating that all employers grant at least $24\text{ hours}$ of paid leave annually for employees when they are sick, attending a medical appointment, or feeling unwell.

Spouse

A husband or wife legally married under the laws of California.

Split-Shift

A daily work schedule in which an employer requires an employee to work two distinct shifts separated by a break of more than $1\text{ hour}$.

State Disability Insurance (SDI)

An employee-funded, partial wage replacement insurance program managed by California's Employment Development Department (EDD) for workers unable to perform their duties due to a non-work disability.

Sweat Free Code of Conduct

A standard requiring all contractors and subcontractors supplying or laundering apparel, garments, accessories, equipment, materials, or supplies for the state of California to sign a sworn statement under penalty of perjury committing to comply with all state employment and safety laws, maintain a just-cause termination policy, and ensure all overtime is voluntary.

Targeted Inspection and Consultation Program (TICP)

A Cal/OSHA program identifying designated high-hazard employers and assessing an assessment fee to fund a dedicated inspection unit.

Termination (Cal WARN)

The complete or substantial cessation of industrial or commercial operations in an establishment covered by Cal WARN regulations.

Utilization Review

A procedure utilized by insurance carriers to review and authorize payments for proposed medical treatments.

Vocational Rehabilitation (VR)

A benefit program offering retraining in new skills for permanently disabled employees who are incapable of returning to their standard job, enabling them to resume earning a living.

Wages

Direct monetary compensation provided to an individual for performing a job.

Wage Order

Regulations issued by industry and occupation specifying explicit standards governing minimum wage rates, hours worked, and working conditions.

Wireless Telephone Automobile Safety Act

A law banning motorists from operating a motor vehicle while using a wireless telephone (cell phone) unless an authorized hands-free device is employed.

Workers' Compensation Appeals Board (WCAB)

A body providing guidance and leadership to the workers' compensation community by issuing case opinions, adopting procedural rules, and reviewing petitions for reconsideration regarding decisions issued by Division of Workers' Compensation administrative law judges.

Workers' Compensation Insurance Rating Bureau

An agency that compiles statistical and rating data utilized to establish workers' compensation insurance premium rates.

Work Sharing Program

A temporary partial wage replacement program administered by the EDD to assist workers during an employer's temporary plant closure.