Terms, Laws, and Agencies Flashcards
Glossary understanding
4/10 Workweek
a weekly schedule that allows the employee to work four 10-hour days each week; for exemption from overtime requirements, the schedule must be under an approved alternative workweek
9/80 Workweek
A two-week schedule the allows an employee to work nine days and 90 hours - five days in one calendar week and four days the following week; for exemption from overtime requirements, the schedule must be under an approved alternative workweek
Accrue
To accumulate or have due after a period of time
ADA
Americans with Disabilities Act of 1990. Prohibits employers of 15 or more employees in the private section, and state and local governments from discriminating against qualified individuals with disabilities. It requires employers to provide reasonable accommodation for individuals with disabilities, unless the accommodating would cause undue hardship (see Reasonable Accommodation)
ADEA
Age Discrimination in Employment Act of 1967. Prohibits employers with 20 or more employees from discriminating against individuals 40 years of age or older
Adverse Action
An employment decision that has negative impact on hiring, promotion, termination, benefits or compensation
Affirmative Action
An active effort to improve the employment or educational opportunities of members of protected classes
ALJ Administrative Law Judge
Appointed by administrative agency for the purpose of conducting hearing and rendering decisions under the agency’s unique jurisdiction. Typically, an ALJ’s decision are reviewed by the agency and by the courts
Alternative Workweek
An alternative scheduling method that allows employees to work a standard workweek over less than a 5 day period in one week or a 10 day period in two weeks without incurring overtime
At-Will Employment
Legal Concept, mandated by CA law, assuring both employer and employee that either party can terminate the relationship at any time and for any reason or no reason (as long as not for he wrong reason)
Back Pay
Type of damages awarded in an employment lawsuit that represents the amount of money the employee would have earned if the employee was not fired or denied a promotion illegally
Bereavement Leave
Time off fir a funeral or for mourning when an employee’s family member dies
BFOQ
Bona fide occupational qualification. Qualification and characteristics reasonably necessary to perform duties, tasks or processes required to conduct normal business operations
California Labor Commissioner
Sets and enforces regulations for employee wages, paycheck deductions, breaks, vacation, jury/witness duty, or temporary military leave, the workweek, minors, employee access to personnel files, “lawful conduct” discrimination, exempt status, and independent contractor status. Also assess fines and files charges with the District Attorney on behalf of underpaid employees, and investigates, holds hearings, takes action to recover wages, assesses penalties, and makes demands for compensation
Cal-COBRA
California Continuation of Benefits Replacement Act - Requires insurance carriers and HMOs to provide COBRA-like coverage for employees of smaller employers (2-19 employees) not subject to COBRA
Cal/OSHA
California Occupational Safety and Health Administration. Enforces California laws and regulations pertaining to workplace safety and health and provides assistance to employers and workers about workplace safety and health issues
CFRA
California Family Rights Act - Provides employees 12 weeks of leave for bonding with a newborn or adopted child, caring for a family member with a serious health condition, and/or caring for the employee’s own serious health condition. Law applied to companies with 50 or more employees
Civil Rights Act of 1991
Amended Title VII, creating, among other things, the right to jury trails, and allowing those claiming intentional discrimination or harassment based on sex, race, religion, national origin or color under Title VII, or disability under the ADA or Rehabilitation Act, to obtain compensatory and punitive damages measure by the size of the employer’s workforce, up to a maximum of $300,000
Claimant
Individual making a claim for unemployment insurance, workers’ compensation or other benefit
COBRA
Consolidated Omnibus Budget Reconciliation Act of 1985 - Requires employers with 20 or more employees to offer all employees covered by health care the option of continuing to be covered by the company’s group health insurance plan the worker’s own expense for a specific (often 18 months) after employment ends
Collective Bargaining Agreement
An agreement resulting from collective bargaining or negotiations between representatives of a union and employers. A collective bargaining agreement establishes employees’ terms and conditions of employment, such as wages, hours of work, working conditions and grievance procedures
Commission
Compensation paid to an employee based on a proportional amount of sales of the employer’s property or services
Compensation
Any monetary payment related to work, including wages, commissions, and bonuses
Compensatory Time Off (CTO)
Gives a nonexempt employee time off for extra hours worked instead of paying overtime, commonly referred to as “comp time” and almost always illegal for private sector employees
Concurrent Leave
Two different types of leave (for example PDL an FMLA) the are used up simultaneously
Conflict of Interest
A conflict between the private interests and the official responsibilities of a person in a position of trust
Constructive Discharge
A wrongful termination claim that the working conditions were so intolerable that a reasonable person would be forced to resign
CTD
Cumulative Trauma Disorder - also see RMI
Deduction
An amount of money withheld from an employee’s gross earning for legally required or permitted purposes, such as taxes, garnishments, contributions to retirement plans or health plan premiums
DFEH
CA Dept of Fair Employment and Housing - Enforces CA’s non-discriminatory laws. DFEH has jurisdiction over private and public employment, housing, public accommodations, and public services. DFEH receives and investigates discrimination complaints, and provides technical assistance to employers regarding their responsibilities under the law
DIR
California Department of Industrial Relations. Seeks to improve working conditions for California’s wage earners and to advance opportunities for profitable employment in CA. DIR has these major responsibility areas: Labor Law, workplace safety and health, apprenticeship training, Workers’ Compensation, statistics and research, mediation, and conciliation
Disability
In California, a physical or mental impairment that limits one or more of the major life activities
Disability Insurance
A voluntary plan, for employers who do not want to participate in SDI, that provides short-term benefits for employees who are disabled by a non-work-related illness or injury
Disparate (Unequal) Impact
Disparate impact refers to an employment practice that appears neutral but discriminates against a protected class in practice
Disparate (Unequal) Treatment
Disparate treatment refers to an applicant or employee that belongs to a protected class receiving different treatment because his or her membership in a protected class
DLSE
California Division of Labor Standards Enforcement. Investigates wage claims and discrimination complaints and enforces CA’s labor laws and Wage Orders
DOL
US Department of Labor - administers a variety of federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions, a minimum hourly wage and overtime pay, freedom from employment discrimination, Unemployment Insurance and other income support
DOSH
California Division of Occupational Safety and Health. Enforces the state’s occupational and public safety laws and provides information and consultative assistance to employers, workers and the public about workplace and public safety matters
Double-Time
Two times an employee’s regular rate of pay
EAP
Employee Assistance Program - workplace program provided by the employer to assist employees in recovering from or dealing with personal issues or problems
EDD
California Employment Development Department. Helps CA employers meet their labor needs, job seekers obtain employment, and the disadvantage and welfare-to-work recipients to become self-sufficient. It supports state activities and benefit programs by collecting and administering employment-related taxes (UI, SDI, employment training tax and personal income tax)
EEOC
Equal Employment Opportunity Commission. A federal agency that interprets discrimination law, collects employment data and handles employee complaints
Employee
Any person rendering actual service in any business for an employer
Employee Benefit Plans
Welfare and pension plans voluntarily establish and maintained by an employer, and employee organization, or jointly by one or more such employers and an employee organization. Governed by ERISA
Employer
Any person engaged in any business or enterprise in CA with one or more persons in service. Employer can be an individual, association, organization, partnership, business trust, limited liability corporation or corporation
Engineered Controls
Protective devices designed to reduce or eliminate the risk of workplace injury. Examples include machine guards, adjustable fixtures, and tool redesign
English-Only Policy
Prohibits the use of other languages in the workplace. It is illegal in CA unless certain conditions are met, including business necessity and employee notice
Equal Pay Act
Part of the federal Fair Labor Standards Act, which requires “equal pay for equal work”. Employers are required to pay employees of the opposite sex in the same establishment equal wages for equal work without regard to an employee’s gender
Ergonomics
The scientific study of the relationship between people and their work environments. The goal of the field is to minimize workplace injuries and illnesses through improved workplace design
ERISA
Employee Retirement Income Security Act - Regulates employee benefit plans and the numerous persons (for example, employers and Unions) involved in establishing and maintaining these plans. ERISA sets uniform minimum standards to assure the employee benefit plans are established and maintained in a fair and financially sound manner. In addition, employers have obligations to provide promised benefits and satisfy ERISA’s requirements for managing and administering private pension and welfare plans
Essential Functions
Fundamental job requirements of the position, or the reason the job exists
Exempt
An employee who is not subject to any of the laws pertaining to overtime, meal periods, or rest breaks
Fair Pay Act
The Fair Pay Act prohibits CA employers from paying any employees less than employees of the opposite sex or different races or ethnicities, for substantially similar work
Family Leave
Family and Medical Leave is time off available to employees for specific reasons, as defined in federal and state statutes.
Family leave covers time off for bonding with a newborn or adopted child; caring for a family member with a serious health condition; caring for the employee’s own serious health condition; and under federal law, caring for an ill or injured service member ; and qualifying exigency related to a close family member’s military service
FCRA
Fair Credit Reporting Act - Requires specific disclosures in a specific format, in addition to any waiver that might be on an application, before checking the applicant’s credit, and restricts an employer’s ability to use credit reports for employment purposes
FEHA
CA Fair Employment and Housing Act - Prohibits discrimination/harassment on the basis of race/color, religious creed, national origin/ancestry, physical disability, mental disability, medical condition (including no genetic testing), marital status, sex, age, and sexual orientation. The law provides more protection than the ADA
Fitness for Duty
A medical practitioner’s certification releasing an individual under his/her care to assume or resume full or modified duties before hire or following a leave of absence due to injury or illness
Flat Rate
Pay based on a job completed, not the number of hours spent completing it
Flexible Schedule
An eighth hour work schedule where some employees begin the shift early in the day and others begin their work later in the day
FLSA
Federal Fair Labor Standards Act - regulates minimum wages, overtime, and working conditions for all employees of businesses that engage in interstate commerce and have an annual gross volume of sales of not less than $500,000, or an individual employee who is involved in interstate commerce, contracts to do work for a firm engaged in interstate commerce, or travels across state lines in the course of employment
FMLA
Family and Medical Leave Act - provides up to 12 weeks of job-protected, unpaid leave during a pre-defined 12 -month period for employees who work for a public agency, a local education agency, or an employer in the private sector who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year