Terms, Laws, and Agencies Flashcards
Glossary understanding
1
Q
4/10 Workweek
A
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
2
Q
9/80 Workweek
A
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
3
Q
Accrue
A
To accumulate or have due after a period of time
4
Q
ADA
A
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)
5
Q
ADEA
A
Age Discrimination in Employment Act of 1967. Prohibits employers with 20 or more employees from discriminating against individuals 40 years of age or older
6
Q
Adverse Action
A
An employment decision that has negative impact on hiring, promotion, termination, benefits or compensation
7
Q
Affirmative Action
A
An active effort to improve the employment or educational opportunities of members of protected classes
8
Q
ALJ Administrative Law Judge
A
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
9
Q
Alternative Workweek
A
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
10
Q
At-Will Employment
A
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)
11
Q
Back Pay
A
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
12
Q
Bereavement Leave
A
Time off fir a funeral or for mourning when an employee’s family member dies
13
Q
BFOQ
A
Bona fide occupational qualification. Qualification and characteristics reasonably necessary to perform duties, tasks or processes required to conduct normal business operations
14
Q
California Labor Commissioner
A
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
15
Q
Cal-COBRA
A
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
16
Q
Cal/OSHA
A
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
17
Q
CFRA
A
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
18
Q
Civil Rights Act of 1991
A
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
19
Q
Claimant
A
Individual making a claim for unemployment insurance, workers’ compensation or other benefit
20
Q
COBRA
A
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
21
Q
Collective Bargaining Agreement
A
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
22
Q
Commission
A
Compensation paid to an employee based on a proportional amount of sales of the employer’s property or services
23
Q
Compensation
A
Any monetary payment related to work, including wages, commissions, and bonuses
24
Q
Compensatory Time Off (CTO)
A
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
25
Concurrent Leave
Two different types of leave (for example PDL an FMLA) the are used up simultaneously
26
Conflict of Interest
A conflict between the private interests and the official responsibilities of a person in a position of trust
27
Constructive Discharge
A wrongful termination claim that the working conditions were so intolerable that a reasonable person would be forced to resign
28
CTD
Cumulative Trauma Disorder - also see RMI
29
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
30
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
31
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
32
Disability
In California, a physical or mental impairment that limits one or more of the major life activities
33
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
34
Disparate (Unequal) Impact
Disparate impact refers to an employment practice that appears neutral but discriminates against a protected class in practice
35
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
36
DLSE
California Division of Labor Standards Enforcement. Investigates wage claims and discrimination complaints and enforces CA's labor laws and Wage Orders
37
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
38
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
39
Double-Time
Two times an employee's regular rate of pay
40
EAP
Employee Assistance Program - workplace program provided by the employer to assist employees in recovering from or dealing with personal issues or problems
41
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)
42
EEOC
Equal Employment Opportunity Commission. A federal agency that interprets discrimination law, collects employment data and handles employee complaints
43
Employee
Any person rendering actual service in any business for an employer
44
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
45
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
46
Engineered Controls
Protective devices designed to reduce or eliminate the risk of workplace injury. Examples include machine guards, adjustable fixtures, and tool redesign
47
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
48
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
49
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
50
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
51
Essential Functions
Fundamental job requirements of the position, or the reason the job exists
52
Exempt
An employee who is not subject to any of the laws pertaining to overtime, meal periods, or rest breaks
53
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
54
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
55
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
56
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
57
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
58
Flat Rate
Pay based on a job completed, not the number of hours spent completing it
59
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
60
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
61
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
62
Front Pay
A type of damages awarded in an employment lawsuit that represents the amount of money the employee would have earned if he or she was reinstated or hired into the higher-paying position from which he or she was illegally rejected
63
Full Time
An employee who works the number of hours designated by the employer as "full time". Stated in handbook or policy
64
Garnishments
Money withheld by court order from an employee's check to pay for debt, back taxes, or child support
65
Good Faith and Fair Dealing
Employment decisions that are made fairly, treating similar situated employee in the same manner
66
Harassment
Behavior toward a person that a reasonable person would find unwelcome or hostile
67
HAZCOM
Hazard Communication Program. Requires all employers to communicate workplace hazards to employees, particularly when employees handle or may be exposed to hazardous substances during normal work or foreseeable emergencies
68
HIPP
Health Insurance Premium Payment Program. CA Program that requires all employers to provide departing employees with a notice of a state program that pays COBRA payments under certain circumstances
69
Hostile Work Environment
An unproductive work environment caused by unwelcome sexual comments, touches, or visual displays
70
IIPP
Injury and Illness Prevention Program. Company's general plan for keeping its workforce free from work-related injuries and illness, mandated by California law
71
Independent Contractor
A person or company that supplies goods or services to an individual or business. The independent contract should not have any of the characteristics of an employee
72
Intern
Student who performs work in the course of his/her studies, as part of the curriculum
73
IRCA
Immigration Reform and Control Act - A federal law requiring employers to verify all employees' legal eligibility to live and work in the US
74
IRS
Internal Revenue Service - tax collection agency, which administers Internal Revenue Code enacted by Congress
75
IWC
Industrial Wage Commission - a defunct CA agency that monitored the hours and conditions of employment; was responsible for the content of the Wage Orders
76
Just Cause
A fair and honest cause or reason, acted on in good faith by the employer
77
Kin Care
Care of a sick child, spouse, parents, parent in-law, sibling, registered domestic partner, child of a registered domestic partner, grandparent or grandchild, using up to half of an employee's annual accrual of paid sick leave
78
Lay Off
To cease to employ a worker, often temporarily, because of economic reasons
79
Living Wage
Wage sufficient to provide the necessities and comforts essential to an acceptable standard of living. Generally mandated by local ordinances
80
Log 300
A series of recordkeeping forms for recording workplace injuries and illnesses. Part of Cal/OSHA record-keeping requirement
81
Major Life Activities
Caring for oneself, sleeping, learning, walking, interacting with others, working, and other physical, mental and social activities. Used to determine whether a worker is disabled
82
Makeup Time
Allows nonexempt employees to request time off for a personal obligation and make up the time within the same workweek without receiving overtime pay
83
Miss Layoff
The layoff of 50 or more employees, under WARN
84
Meal Period
An unpaid, 30 minute block of time for nonexempt employees for every period of work that lasts for more than 5 hours; must begin no later than 4 hours and 59 minutes into the employee's work period
85
Medical Certification
A statement from an employee's health care provider as to the necessity of time of from work. Usually required by an employer when an employee is off for a reason protected by law
86
Minimum Salary
The smallest hourly wage a nonexempt employee can make
87
Minor
Any person under the age of 18 who is required to attend school, or any person under the age of 6
88
Misdemeanor
A criminal offense that is more serious than an infraction, but less serious than a felony. A misdemeanor is punishable by fine, incarceration in county jail, or a combination of both
89
MSD
Muscoloskeletal disorder - see RMI
90
NLRA
National Labor Relations Act - Prohibits employers from basing any employment action on employee participation in labor organization (union) activities. Such activities include attending union meetings, speaking with union reps, and discussing union activities with other employees
91
Negligence
A lack of prudent care (neglect)
92
Noncompete Agreements
An agreement between an employer and an employee which says that when an employee leaves the company, the employee will not work for a competitor for a certain amount of time. With few exceptions, noncompete agreements are ILLEGAL in CA under most circumstances
93
Nonexempt
An employee who is subject to the laws pertaining to overtime, minimum wage, meal periods, and rest breaks
94
Occupational Wage Order
Same as Wage Order. Contains instructions for payment of wages to nonexempt employees as well as specific rights and responsibilities of the employee and the employer
95
Open-Door Policy
A policy encouraging employees to bring employment issues to the attention of the employer, rather than going outside the company
96
Open Enrollment
A period of time during which employees can sign up for an employer's group health plan or benefit plan, such as a retirement plan
97
OSHA
Occupational Safety and Health Administration - federal agency that ensures safe and healthful workplaces by issuing standards, performing inspections, and levying penalties for violations
98
Overtime
Hours worked beyond a "normal" amount of hours for a day or week. For nonexempt employees with a regular workweek, normal is 8 hours per day and 40 hours per week. For employees with an alternative workweek, normal could be 9 or 10 hours.
99
Parental Leave
California's New Parent Leave Act - provides eligible employees 12 weeks of leave for bonding with a newborn, foster or adopted child. This law applies to companies with 20 or more employees
100
Part Time
An employee who works less than the number of hours that qualify him as a full-time employee, according to your policy
101
PDA
Pregnancy Discrimination Act of 1978 - An amendment of Title VII, requires that employers treat a pregnant employee the same as any other employee, and that when a female employee becomes unable to work due to pregnancy, childbirth, or related medical conditions, the employer treat her disability the same as any other disability
102
PDL
Pregnancy Disability Leave. CA employers with 5 or more employees must provide as much as 4 months of leave for employees disabled by pregnancy and pregnancy-related conditions
103
PFL
Paid Family Leave - wage replacement program funded through employee contributions and administered by the Employment Development Department EDD for employees unable to work when they are needed to care for a family member
104
PPE
Personal Protective Equipment - Items such as gloves, masks, and special clothing used to protect against hazardous, toxic or infectious material
105
PTO
Paid Time off - an informal term referring to an employer-defined combination of sick pay, holiday pay, and/or vacation
106
Pension Plan
Provides retirement income or defers income until termination of covered employment or beyond. Governed by ERISA
107
Personal Days
Time off associated with a particular event, such as an employee's birthday
108
Piece Rate
An amount paid for completing a particular task or making a particular piece of goods
109
Plant Closing
The shutting down of a facility or laying off 50 or more employees - WARN, Mass Layoff
110
Proposition 65
Requires that employers with 10 or more employees warn any person (employees and others who may enter a laboratory) prior to their exposure to a chemical known to the state of CA to cause cancer, birth defects, or other reproductive harm
111
Protected Class
Different classes of individuals who receive specific legal protection against discrimination and harassment based on the individuals belonging to a protected class, including individuals over the age of 40
112
Pyramiding of Overtime
Not required by CA law, exists when an employeee earns overtime on top of overtime already paid
113
Qualifying Event
For benefit purposes, one of several defined events that permits a change of benefits enrollment status outside of open enrollment periods or that entitles an eligible beneficiary to COBRA or Cal-COBRA benefits
114
Qualified Beneficiary
An employee covered under an employer's group health plan
115
Quid Pro Quo
This for That. A type of sexual harassment that conditions job continuance, promotions, benefits, etc, in exchange for sexual favors
116
Rate of Pay
A fixed amount of payment based on a unit of time or piece of work performed
117
Reasonable Acommodation
Any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities
118
Registered Domestic Partner
Either one of an unmarried heterosexual couple over the age of 62 or a same-sex couple registered with the CA Secretary of State
119
Regular Rate of Pay
Calculated amount of an employee's actual earnings, which may include an hourly rate, commission, bonuses, piece work, and the value of meals and lodging
120
Religious Holidays
A day specified for religious observance. Employers must make reasonable accommodations for employee requests for time off for religious holidays
121
Reporting Time Pay
Payment to nonexempt employees who reports to work at his normal time and is not put to work, or is given less than half the hours for which he was scheduled
122
Rest Period
10 minute, paid block of time for nonexempt employees for each 4 hours worked, should be scheduled near the middle of the work period
123
Retaliation
CA regards retaliation as any adverse employment action that results because an individual has opposed practices prohibited by Fair Employment and Housing Act FEHA, or has filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing conducted by the Department of Fair Employment and Housing or its staff
124
Retirement Plan
A fund that provides individuals with income after retirement. Employees and employers contribute money to a fund during an employee's term of employment, and employees receive a defined income from the fund upon retirement
125
RMI
Repetitive motion injury. A problematic injury that builds over time, caused by overuse or overexertion of some part of the musculoskeletal system. Often referred to as cumulative trauma disorders (CMDs) or musculoskeletal disorders (MSDs)
126
Safety Data Sheets
An information sheet provided by the manufacturer of a product that describes the product's chemical properties, potential hazards, and instruction in safe handling (formerly called "material safety data sheets")
127
Salary
A fixed amount of money for each payroll period, whether weekly, bi-weekly, or semi-monthly or monthly
128
SDI
State Disability Insurance. Provides temporary disability benefits for employees who are disabled by a non-work-related illness or injury. Benefits are paid by the EDD from employee contributions in the form of a tax
129
Seventh-Day Rule
Nonexempt employees who work on each day of your established seven-day workweek are entitled to overtime at the rate of time and one-half for the first eight hours worked and double time for any hours worked beyond that on that seventh day
130
Severance Pay
Money paid to an employee at the time of termination or layoff, to compensate in part of the sudden job loss. Not required by law
131
Sexual Harassment
Unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment
132
SIC
Standard Industry Code - System that classifies businesses by their primary activity. The SIC is used for a variety of statistical purposes
133
Split Shift
Any two distinct work periods separated by more than a one-hour meal period. (regular pay plus an hour at least minimum wage)
134
Standby
Time the employee spends on call that cannot be used for his/her benefit. Depending on the limitations on the employee on the employee during this time, the standby time may be paid or unpaid
135
Statute
Law enacted by the legislative branch of a government
136
Telecommute
To work at home by the use of an electronic linkup with a central office. Employees may use an electronic linkup with a central office or other technology to work from a location away from their office
137
TICP
Target Inspection and Consultation Program - A Cal/OSHA program that identifies certain high hazard employers, and requires a fee paid to fund a special inspection unit
138
Time-And-One-Half
The regular hourly rate for the job an employee is doing, plus one-half the regular rate of pay. See also Double-Time, Overtime
139
Title VII, Civil Rights Act of 1964
Prohibits employers of 15 or more employees from discriminating on the basis of race, color, religion, sex, or national origin
140
UI
Unemployment Insurance - An employer paid tax, which is held in reserve for employees in case they become unemployed
141
USCIS
US Citizenship and Immigration Services. Enforces the laws regulating the admission of foreign-born persons to the US, and administers various immigration benefits, including work visas and the naturalization of qualified applications for US Citizenship
142
USERRA
Uniformed Services Employment and Reemployment Rights Act. This act prohibits discrimination or reprisals against past and present members of the uniformed service. No employer may deny a person initial employment, retention in employment, promotion or any benefit of employment based on a person's membership, application for membership, performance of service, application to perform service or obligation for service in the uniformed services
143
VETS
Veterans' Employment and Training Service. Federal agency that enforces the Uniformed Services and Reemployment Rights Act (USERRA)
144
Volunteer
A person who intends to give his/her time for public service, religious, or humanitarian objectives without wanting pay
145
Wage Orders
Contain instructions for paying nonexempt employees their wages. Currently 17 Wage Orders, organized according to industry, plus Minimum Wage Order. The purpose of your business determines which Wage Order applies to you
146
Wages
Money received by an employee or labor performed of every description, whether the amount is fixed or determined by the standard of time, task, piece, commission or other methods of calculation
147
WARN
Worker Adjustment and Retraining Notification Act - federal law requiring employers to give employees advance notice of plant closing or a mass layoff if the action involves a requisite number of employees. CA has a similar law that provides more protection than that of federal law, therefore more employees are covered by state law
148
Welfare Plan
Provides health benefits, disability benefits, death benefits, prepaid legal services, vacation benefits, day care centers, scholarship funds, apprenticeship and training benefits, or other similar benefits. Governed by ERISA
149
Workday
Any consecutive 24 hour period starting at the same time each calendar day. If an employer doesn't define the workday, the California Labor Commission will presume a workday of 12:01 AM to Midnight
150
Whistleblowing
Any report made by an employee or an employee's family member of suspected illegal activity on the part of an employer
151
Workweek
Any seven consecutive 24-hour periods, starting on the same calendar day and at the same time each week. If an employer doesn't define the workweek, California Labor Commission will presume a workweek of Sunday through Saturday
152
Work Permit
A document establishing the maximum number of days and hours a minor may legally work during the workweek. The permit may also impose other limitations on the score of the minor's work
153
Workers' Compensation
A mandatory "no fault" insurance program, paid for by employers, to cover medical treatment and wage replacement for an employee who suffers a work-related illness or injury
