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Accident
Unplanned sequence of events that results in undesirable consequences
Alternative workweek
Any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period
Adverse employment action
Employment action (such as termination, demotion, etc.) that either materially affects the terms and conditions of employment or would deter an individual from engaging in a protected activity; required part of a retaliation claim
Adverse action notice
Documentation that an employer must provide to an applicant or employee whenever the employer makes an employment decision based on information obtained through a background check
American College of Occupational and Environmental Medicine (ACOEM)
Publishes Occupational Medicine Practice Guidelines that are used in most cases to decide type and amount of treatment approved for work injury or illness
Americans with Disabilities Act (ADA)
Federal law that prohibits discrimination against people with disabilities
Antipiracy agreement
Agreement by one party not to recruit employees of another party, typically limited to a specific time period
Apportionment
Way of figuring out how much of a permanent disability is due to the work injury and how much is due to other disabilities
Assembly Bill (AB) 1825
Requires sexual harassment training every two years for supervisors employed by employers covered by the statute (generally, all state entities as well as all employers receiving the services of 50 or more persons)
Avoidable consequences doctrine
Principal under which a complaining party's damages in a harassment lawsuit may exclude any damages that the party might have avoided if he or she had earlier reported possible harassment under an appropriate company policy; available only when the company has taken appropriate proactive steps to prevent workplace harassment
Bonus
Money promised to an employee in addition to the monthly salary, hourly wage, commission, or piece rate due as compensation; usually based on performance
Cal/OSHA
California's occupational safety and health program
Cal WARN Act
Requires a covered employer to give a particular kind of written notice 60 days in advance of certain notice-triggering events (mass layoffs, relocations, or termination)
California Code of Regulations (C.C.R.)
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
California Confidentiality of Medical Information Act (CCMIA)
State law that imposes restrictions on the use, disclosure, and storage of private medical information, including steps required to safeguard such information from theft or other inappropriate access
California Emergency Management Agency (Cal EMA)
Agency that serves as lead in California for emergency management
California Family Rights Act (CFRA)
Provides unpaid job-protected time off and continuation of benefits for eligible employees with a serious health condition or who need to care for certain family members
California Online Privacy Protection Act (COPPA)
Law that requires Web sites seeking information from visitors, such as online employment application, to post a privacy policy meeting certain requirements
California Privacy Act (CPA)
Law that addresses privacy on telephones and other electronic equipment
Causal link
Link that an employee complaining of retaliation must prove to show that the employer took an adverse employment action against the employee because of a protected activity
Change-of-status notice
Notice employers must provide when employees are terminated, discharged, laid off, or placed on leave of absense
Child
Biological, adopted, or foster son or daughter, stepson or stepdaughter, legal ward, or child of an employee who stands in loco parentis to that child, who is either under 18 years of age or an adult dependent child
Claims administrator
Term for insurance companies and others that handle workers' compensation; also called claims examiner or claims adjuster
Collective bargaining agreement
Agreement negotiated between a labor union and an organization that sets forth the terms of employment for the employees who are subject to the agreement; may include provisions regarding wages, vacation time, working hours, working conditions, and health insurance benefits
Commission
Compensation paid to any person for services rendered in the sale of the organization's property or services and based upon the amount or value thereof
Commission on Health and Safety and Workers' Compensation (CHSWC)
Joint labor-management body that oversees the health and safety and workers' compensation systems in California
Conditional offer of employment
Offer of employment that will not be withdrawn so long as specified conditions are satisfied, such as passing a background check or medical examination
Constructive discharge
Theory under which a court will permit an employee who actually quit to nonetheless bring a legal claim as though the employer had terminated the employment, if the circumstances under which the employee quit were so intolerable that any reasonable person in the same circumstances would have felt compelled to quit
Consumer Credit Reporting Agencies Act (CCRAA)
State law that imposes requirements employers must follow when they seek credit information about an employee or applicant during a background check by accessing public records
Crime victim
Person who has been the victim of a violent felony, a serious felony, or a felony provision of the law proscribing theft or embezzlement
Cumulative trauma disorder (CTD)
Disorder that is caused by repeated events or repeated exposures at work, for example, wrist injury caused by performing the same motion over and over or a loss of hearing caused by constant loud noise
Department of Fair Employment and Housing (DFEH)
California government agency responsible for administering the Fair Employment and Housing Act (FEHA), including investigation of complaints and issuing right-to-sue letters and/or prosecuting possible violations
Department of Insurance
California government agency that licenses and regulates workers' compensation insurance carriers and investigates allegations of workers' compensation fraud
Deterrence test
One of two tests to determine whether an adverse employment action has occurred for retaliation purposes; asks whether the employment action taken would deter a reasonable employee from engaging in the protected activity in which the employee engaged
Division of Labor Standards Enforcement (DLSE)
California state agency that adjudicates wage claims, investigates discrimination and public works complaints, and enforces Labor Code statutes and IWC Wage Orders
Division of Occupational Safety and Health (DOSH)
California state agency that enforces Cal/OSHA safety and health standards
Division of Workers' Compensation (DWC)
California state agency that administers workers' compensation
Domestic partners
Two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring
Drug-Free Workplace Act
Statute requiring organizations to certify that they provide a drug-free workplace or will do so prior to being awards state contracts or grants regarding drug-free workplaces
Duplicate training
Process permitted for organizations to recognize and credit AB 1825 training provided to a new supervisory employee by a previous or different employer of that employee
Emergency rescue personnel
Any officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the state of California, a city, county, district, or other public or municipal corporation or political subdivision of this state, or of a sheriff's department, police department, or private fire department, whether that person is a volunteer or partly paid or fully paid
E-monitoring
Electronic monitoring or surveillance in the workplace
Employee (for Cal-WARN)
Person employed by an employer for at lease six of the 12 months preceding the date on which notice is required under Cal WARN
Employee (for UI and EDD reporting)
Any individual or person performing services for wages or under any employment-related contract for hire; if an employer has the right to exercise control over the manner and materials for performance of services by an individual, the individual is most often considered an employee and an employer-employee relationship exists
Employer (for Cal/OSHA)
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 certain household services in private homes
Employer (for Cal WARN)
Any person or entity owning and operating a covered establishment
Employer (for unemployment insurance)
Any employing unit, which for some portion of the day, has within the current calendar year or had within the preceding calendar year in employment one or more employees and which pays wages for employment in excess of $100 during any calendar quarter
Employer-employee relationship
Relationship that exists when a person who hires an individual to perform services has the right to exercise control over the manner and means by which the individual performs his or her services
Employment Development Department (EDD)
California government agency that supports state activities and benefit programs by collecting and administering employment-related taxes such as employer-financed unemployment insurance; also provides other services to employers and employees
Employment-at-will doctrine
Reflects public policy favoring the free mobility of labor by specifying that either party to an employment relationship may end that relationship with or without cause or notice unless the parties have entered into a contract to change that status
E-policy
Employer's policy regarding a wide range of issues involving the use of company-provided technologies, such as computers, telephones, etc.
Ergonomics
Study of how to improve the fit between the physical demands of the workplace and the employees who perform the work
Essential job functions
Duties crucial to a job such that the position exists to perform the job function
Exempt
Job classification in which the employee is not eligible for overtime payments
Express contract
Contract formed when two or more parties manifest mutual intent to be bound by the terms of an agreement between them
Fair Employment and Housing Act (FEHA)
State law that protects employees from discrimination and/or harassment because of their protected status or characteristic and from retaliation for making a complaint or otherwise opposing conduct that would violate the FEHA
Family and Medical LEave Act (FMLA)
Federal law that provides certain employees with serious health problems or who need to care for a child or other family member with up to 12 weeks of unpaid, job-protected leave per year
Garnishment
Court-mandated deduction from an employee's paycheck for child or spousal support, tax lien, etc.
General Industry Safety Orders (GISOs)
Safety Orders under Cal/OSHA
Gratuity
Any tip given to of left for an employee by a patron of a business over and above the actual amount due to the business for services rendered
Hazard
Source or danger; material, energy source, or operation with the potential to cause illness, injury, or death to a person or damage to a facility or to the environment
Hazardous substance
Explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful substance that can cause injury or illness
Health-care organization (HCO)
Organization certified by the Department of Industrial Relations to provide managed medical care within the workers' compensation system
Health-care provider
Individual holding either a physician's or surgeon's certificate or any other individual duly licensed as a physician, surgeon, or osteopathic physical or surgeon in another state or jurisdiction who directly treats or supervises the treatment of a serious health condition
Heat illness
Physical condition that results from the body keeping in more heat than it loses, causing the body temperature to rise
Imminent danger
Hazard that could cause death or serious physical harm immediately
Impairment rating
Percentage estimate of how much normal use of an injured body part is lost
Implied contract
Oral or written representations to employees regarding job security or other matters that may, in some circumstances, create an implied agreement of employment for some term or for continued absent cause for termination
In loco parentis
In the place of a parent, charged with a parent's rights, duties, and responsibilities; does not require a biological or legal relationship
Independent contractor (IC) (for UI and EDD reporting)
Individual who is not an employee of the service-recipient and who receives compensation or executes a contract for services performed for that service-recipient; any person who renders service for a specified recompense for a specified result, under the control of the principal as to the result of his or her work only and not as to the means by which such result is accomplished
Independently wrongful act
Act proscribed by constitutional, statutory, regulatory, common law, or other determinable legal standard that organizations must avoid when hiring from a competitor
Individual tracking
Mode of tracking AB 1825 training that involves tracking the training date of each trainee separately in order to ensure that retraining occurs no more than two years later
Industrial Welfare Commission (IWC)
Unit of California Department of Industrial Relations that is responsible for setting wages, hours of work, and working conditions of California employees
Injury and illness prevention program (IIPP)
Health and safety program employers are required to develop and implement
Interactive process
Duty an organization has to engage in a good-faith exchange of information and exploration of options with an employee (or applicant) who has a disability to determine the existence and reasonableness of any accommodation that might be available to permit the employee or applicant to perform the essential functions of the job
Invention assignment agreement
Agreement under which an employee agrees to assign to the organization any and all rights the employee may have in inventions and ideas that the employee generates through the employment with the organization
Investigative and Consumer Reporting Agencies Act (ICRAA)
California law that imposes requirements employers must follow when using an outside agency to perform a background check
Job analysis
Systematic method used in obtaining a detailed listing of the tasks of a specific job
Labor
Labor, work, or service, whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement, if the labor to be paid for is performed personally by the person demanding payment
Layoff (for Cal WARN)
Separation from a position for lack of funds or lack of work
Lien
Right or claim for payment
Mandatory arbitration
Arbitration of employment disputes that is required by an arbitration agreement that the employer requires new hires and/or existing employees to sign as a condition of employment or continuing employment
Mass layoff (for Cal WARN)
Layoff of 50 or more employees at a covered establishment
Material safety data sheets (MSDSs)
Mandatory detailed information sheets provided by a chemical manufacturer that indicate possible hazards to humans resulting from the use of or exposure to a material
Materiality test
One of two tests to determine whether an adverse employment action has occurred for retaliation purposes; asks whether the employment action taken was sufficiently material to affect a term or condition of the employee's employment
Medical provider network (MPN)
Group of health-care providers set up by an insurer or self-insured employer and approved by Division of Workers' Compensation's Administrative Director to treat workers injured on the job
Minimum threshold
Important concept that AB 1825 secual harassment training is only a minimum and that by itself does not protect an employer from liability for harassment
Minimum wage
Minimum hourly wage an organization is required to pay by law
Minor
For most purposes in the employment of minors, a minor means any person under the age of 18 years who is required to attend school under the provisions of the Education Code
Misappropriation
Acquisition of a trade secret by improper means or the disclosure or use of a trade secret by someone who acquired the trade secret by improper means
Modified work
Existing position of an injured worker with some changes that allow him or her to perform the job
Negligent hiring
Legal claim against an employer by person injured by the conduct of an employee who the employer knew or had reason to know was unfit for the job or if the employer failed to use reasonable care to discover whether the employee was fit for the job
Noncompetition agreement
Agreement by one party not to compete with the business of another party, typically limited to a specific time after the employment ends and/or a specific geographic area
Nondisclosure agreement
Agreement by one party not to use or disclose defined confidential information belonging to another party, sometimes limited to a specific time period
Nonexempt
Job classification in which the employee is eligible for overtime payments
Nonsolicitation agreement
Agreement by one party not to solicit the business or specified customers of the other party, typically limited to a specific time period
Older Worker's benefit Protection Act (OWBPA)
Federal law with many provisions affecting workers aged 40 years or more
Paid family leave (PFL)
California program providing wage replacement benefits to eligible employees for time off due to seriously ill family members or to bond with a new child, administered by Employment Development Department
Parent
Biological, foster, or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the employee when the employee was a child
Permanent and stationary
Condition when an employee's medical condition has reached maximum medical improvement