Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
138 Cards in this Set
- Front
- Back
|
Accident
|
Unplanned sequence of events that results in undesirable consequences
|
|
|
Adverse Action Notice
|
Documentation that an employer must provide to an applicant or employee whenever the employer makes an employment decision based on background check
|
|
|
Adverse Employment Action
|
Employment action that either materially affects the terms and conditions of employment or would deter an individual from engaging in a protected activity; part of a retaliation claim
|
|
|
Agreed Medical Evaluator AME
|
Doctor that attorney and insurance company agree on to conduct the medical examination that will resolve dispute
|
|
|
Alternative Work Week
|
Any regularly scheduled workweek requiring an employee to work more than 8 hrs in a 24hr period
|
|
|
American College of Occupational & Environmental Medicine
|
Occupational Medicine Practice Guidelines author that is used to decide type and amount of treatment approved for work injury 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 the other party, typically limited to a specific time period
|
|
|
Apportionment
|
Way of figuring out how much permanent disability is due to the work injury vs due to other disabilities
|
|
|
Assembly Bill 1825
|
Requires sexual harassment training every 2 years for supervisors employed by employers covered by the statute- Co's 50+ EEs or State Entities
|
|
|
Avoidable Consequences Doctrine
|
Only available when Co has taken appropriate proactive steps to prevent workplace harassment. Harassment lawsuit Plantiff may not receive all damages if Co had a harassment policy which the EE did not follow
|
|
|
Bonus
|
Money promised to EE in addition to monthly salary/ hourly wage, commission or piece rate due as compensation typically based on performance
|
|
|
CA OSHA
|
CA Occupational Safety & Health Program
|
|
|
CA WARN Act
|
Requires a covered employer to give written notice 60 days in advance for Mass Layoffs, Relocations, Terminations
|
|
|
CA Code of Regulations CCR
|
200 state regulatory agencies; regulations formally adopted by state agencies, reviewed and approved by Office of Administrative Law & filed w/ Secretary of State
|
|
|
CA Confidentiality of Medical Information Act CCMIA
|
State law that imposes strict restrictions on use, disclosure, & storage of private medical information including steps to safeguard it from theft
|
|
|
CA Emergency Management Agency
|
Agency that serves as lead in CA for emergency management
|
|
|
CA Family Rights Act CFRA
|
Provides unpaid job protected time and continuation of benefits for eligible employees with a serious health condition or need to care for certain family member
|
|
|
CA Online Privacy Protection Act COPPA
|
Law requires web sites seeking visitor information to post privacy policy meeting certain requirements
|
|
|
CA Privacy Act CPA
|
Law that addresses privacy on telephone and 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 EE because of a protected activity
|
|
|
Change of Status Notice
|
Notice employers must provide when EEs are terminated, discharged, laid off or placed on LOA
|
|
|
Child
|
Biological, adopted, foster, stepchild, legal ward or child of an employee who stand in loco parentis. Under 18yrs or 18+ w/ adult dependent
|
|
|
Claims Administrator
|
Term for insurance companies that handle workers comp; AKA Claims Examiner or Claims Adjuster
|
|
|
Classroom Training
|
In-person trainer instruction created by instructional designer and provided to supervisors by qualified trainer or SME
|
|
|
Collective Bargaining Agreement
|
Agreement negotiated between Labor Union Org that sets forth terms of employment for EEs subject to agreement; wages, vacation time, working hours, work conditions & health insur benefits
|
|
|
Commission
|
Compensation paid to any person for services rendered in the sale of org's property or services
|
|
|
Conditional Offer of Employment
|
Offer of employment that will not be withdrawn as long as specified conditions are met; background check, medical exam
|
|
|
Constructive Discharge
|
Court permits an EE who quit to bring legal claim as though employer terminated them if circumstances were so intolerable any reasonable person would have felt compelled to quit
|
|
|
Consumer Credit Reporting Act CCRA
|
State law imposing requirements when Employer seeks credit information during a background check by accessing public records
|
|
|
Cumulative Trauma Disorder CTD
|
Disorder that is caused by repeated events or repeated exposures at work; wrist injury from typing/ loss of hearing from machine noise
|
|
|
Department of Fair Employment & Housing
|
CA govt agency responsible for administering the FEHA; investigations of complaints, issuing right-to-sue letters and/or prosecuting possible violations
|
|
|
Deterrence Test
|
One of 2 tests to determine if adverse action taken for retaliation purposes; Materiality (asks whether the employment action taken was sufficiently material to affect a term or condition of the EE's employment) & Deterrence (Focuses on whether the employment action taken would deter a reasonable EE from engaging in the protected activity that the EE took)
|
|
|
Division of Labor Standards Enforcement DLSE
|
CA state agency that adjudicates Wage Claims, IWC Wage Orders, Labor Code statutes, investigates discriminate and public works complaints
|
|
|
Division of Safety & Health DOSH
|
CA state agency that enforces CA OSHA safety and health standards
|
|
|
Division of Worker's Compensation
|
CA state agency that administers workers compensation
|
|
|
Domestic Partner
|
2 adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring
|
|
|
Drug Free Workplace Act
|
Federal statute regarding drug-free workplaces; CA state contractors must comply with it's requirements
|
|
|
Duplicate Training
|
AB 1825 process permitted for Co's to recognize and credit training provided to a new supervisor from a previous or different employer
|
|
|
E-Learning
|
Individualized, interactive computer based training, the content is written, developed and approved by instructional designer, qualified trainer or SME
|
|
|
E-Monitoring
|
Electronic monitoring or surveillance in workplace
|
|
|
Employee CA WARN
|
Person employed by an employer for at least six of the 12 months preceding the date on which notice is required under CA WARN
|
|
|
Employee UI & EDD Reporting
|
Any person performing services for wage or under any employment related contract for hire as long as Employer has control over the manner and material for performance of services
|
|
|
Employer CA OSHA
|
Person, corporation, state agency, county, city, district, public agency permitted to work for hire except household servants
|
|
|
Employer CA WARN
|
Any person or entity owning and operating a covered establishment
|
|
|
Employer/ Employee Relationship
|
Relationship: Person who hires an individual to perform services has the right to exercise control over the manner and means by which the individual performs the service
|
|
|
Employment at Will Doctrine
|
Reflects public policy favoring the free mobility of labor by specifying that either party to an employment relationship may end with or without cause or notice UNLESS contract to change that status
|
|
|
E-policy
|
Employer's policy regarding a wide range of issues involving the use of company provided technologies
|
|
|
Essential Job Function
|
Duties crucial to job such that the position exists to perform the job function
|
|
|
Exempt
|
Job classification in which the EE is not eligible for OT
|
|
|
Express Contract
|
Contract formed when 2+ parties manifest mutual intent to be bond by the terms of an agreement between them
|
|
|
Fair Employment & Housing Act FEHA
|
State law that protects employees from discrimination and/or harassment bc of their protected status AND from retaliation for making a complaint or opposing conduct that would violate FEHA
|
|
|
Family and Medical Leave Act FMLA
|
Federal law that provides certain EEs 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 EEs paycheck for child or spousal support, tax lien etc
|
|
|
General Industry Safety Orders GISOs
|
Safety orders under CA OSHA
|
|
|
Hazard
|
Source of danger, material, energy source, or operation with the potential to cause illness, injury or death to a person or damage to a facility
|
|
|
Hazardous Substance
|
Explosive, flammable, poisonous, corrosive, oxidizing, irritating substance that can cause illness or injury
|
|
|
Health-care Organization
|
Organization certified by Dept of Industrial Relations to provide managed medical care within the workers comp system
|
|
|
Heat Illness
|
Body keeps in more heat than it loses cause body temperature to rise
|
|
|
Imminent danger
|
Hazard that could cause death or serious danger IMMEDIATELY
|
|
|
Impairment Rating
|
Percentage estimate of how much normal use of an injured body part is lost
|
|
|
Implied Contract
|
Oral or written representation to EE regarding job security or other matters that may create an implied agreement of employment for some term or for continued employment absent cause for termination
|
|
|
In Loco Parentis
|
In place of a parent charged with parent rights, duties and responsibilities
|
|
|
Independent Contractor IC for UI and EDD
|
Individual who is NOT an EE of the service recipient & who receives compensation or executes a contract for services performed. Responsible for the result of work only and not as the means by which such results are accomplished
|
|
|
Independently Wrongful Act
|
Act proscribed by constitutional, statutory, regulatory, common law or other legal standard that Employer must avoid when hiring EEs from competitor
|
|
|
Individual Tracking
|
Mode of tracking AB 1825 training to ensure each supervisor is trained at least once every 2 years; Track training date of each trainee separately in order to ensure that retraining occurs no later than 2yrs
|
|
|
Industrial Welfare Commission IWC
|
Unit of CA Dept of Industrial Relations responsible for setting wages, hours of work and working conditions of CA EEs
|
|
|
Injury and Illness Prevention Program IIPP
|
Health and safety program Employers are required to develop and implement
|
|
|
Interactive Process
|
Duty a Co. has to engage in a good faith exchange of information and exploration of options with an applicant or EE who has a disability to determine the existence and reasonableness of accommodations available to permit to perform essential functions of the job
|
|
|
Invention Assignment Agreement
|
Agreement under which an employee agrees to assign to the organization any and all rights EE has in inventions and ideas that are generated through the employment with Co.
|
|
|
Investigative & Consumer Reporting Agencies Act ICRAA
|
CA law that imposes requirements Cos must follow when using an outside agency to perform background checks
|
|
|
Job Analysis
|
Systematic method used in obtaining a detailed listing of the tasks of a specific job
|
|
|
Layoff CA WARN
|
Separation from a position for lack of funds or lack of work
|
|
|
Mandatory Arbitration
|
Arbitration of employment disputes that is required by an arbitration agreement that the Employer requires new hires and/or existing EEs to sign as a condition of employment or mandatory employment
|
|
|
Mass Layoff CA WARN
|
Layoff of 50+ EEs at a covered establishment
|
|
|
Material Safety Data Sheets MSDS
|
Mandatory detailed information sheets provided by a chemical manufacturer that indicate possible hazards to humans resulting from the use or exposure to material
|
|
|
Materiality Test
|
One of 2 tests to determine whether an adverse employment action has occurred for retaliation purposes; asks whether Co action taken sufficiently material to affect term or condition of employment. Other test is DETERRENCE
|
|
|
Medical Provider Network MPN
|
Group of health care providers set up by insure of self insured & approved by Division of Worker's Comp Administrative Director to treat worker injured on the job
|
|
|
Minimum Threshold
|
Important concept that AB 1825 sexual harassment training is only a minimum threshold and that by itself it does not protect an employer from liability for harassment
|
|
|
Minimum Wage
|
Minimum hourly rate required to pay by law
|
|
|
Minor- for Employment
|
Any person under 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 disclosure/ use of trade secret by someone who acquired improperly
|
|
|
Modified Work
|
Existing position of an injured worker with some changes that allow them to perform job
|
|
|
Negligent Hiring
|
Legal claim against an employer by person injured by the conduct of an employee who Employer knew was unfit for the job or didn't use reasonable care to determine fitness
|
|
|
Non-competition Agreement
|
Agreement that one party will not compete with another party, typically limited to a specific time after employment ends and geographic area
|
|
|
Non-disclosure Agreement
|
Agreement that one party will not use or disclose defined confidential information belonging to another party, sometimes limited to a specific time.
|
|
|
Nonexempt
|
Job classification which pays employee for overtime
|
|
|
Non-solicitation agreement
|
Agreement that one party will not solicit the business or specified customer of the other party
|
|
|
Non-transferable Voucher
|
Document from insurance company that provides payment for education under the supplemental job displacement benefits program
|
|
|
Older Worker's Benefits Protection OWBPA
|
Federal law with many provisions affecting workers aged 40 years
|
|
|
Paid Family Leave
|
CA program providing wage replacement benefits to eligible employees for time off due to seriously ill family members; administered by Employment Development Dept
|
|
|
Permanent and Stationary
|
Condition when an employees medical condition has reached maximum medical improvement
|
|
|
Permanent Disability Rating
|
For workers comp insurance purposes, percentage that estimates how much a job injury permanently limits the kinds of work an injured employee can do
|
|
|
Permanent Disability Rating Schedule
|
Division of Workers Comp publication containing detailed information used to rate permanent disabilities
|
|
|
Permit to Employ & Work
|
Permit to work required for all minors under 18yrs and obtained through local school district
|
|
|
Pre-designated Physician
|
Physician that can treat a work injury if the employee has advised the employer in writing
|
|
|
Compliance Process
|
Audit
Monitor Inspect Evaluate |
|
|
State Employment Law Compliance Areas
|
Behavior
Records Postings Processes |
|
|
Pregnancy Disability Leave- PDL
|
Leave taken for pregnancy, childbirth or related medical condition
|
|
|
Privacy Policy
|
Policy that must be posted on website of any org that uses the site that might trigger CA Online Privacy Protection Act COPPA; must describe the use & disclosure limitations
|
|
|
Private Attorneys General Act PAGA
|
Litigation reform that greatly expanded the menu of legal claims that CA EEs could bring directly into court for themselves and on behalf of others
|
|
|
Professional Announcement
|
Communication sent by former EE to organization's customers, providing the customers the EEs new contact information
|
|
|
Protected Activity
|
Activity that involves engaging in or exercising a right that is protected by law IE jury duty or complaint about safety condition
|
|
|
Protected Locations
|
Places Employer can't make an audio or video recording; bathroom, lockerroom etc
|
|
|
Qualified Medical Evaluator QME
|
Independent physician certified by the Division of Worker's Compensation Medical Unit to perform medical evaluations
|
|
|
Reasonable Accommodation
|
Job modification that enable an individual to perform essential job functions; may involve a disability, alcohol/ drug rehab, religious practice
|
|
|
Record Retention
|
Evidence, proof or documentation preserved under the custody of the company
|
|
|
Recordable
|
Injury or illness that satisfies conditions requiring record keeping found in CA OSHA
|
|
|
Registered Domestic Partner
|
Same sex couples OR Opposite sex couples over 62yrs who become enlisted on the appropriate registry with the Secretary of State
|
|
|
Relocation CA WARN
|
Removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location of 100+ miles
|
|
|
Repetitive Motion Injury RMI
|
Injuries due to performing the same types of motions over and over, using same muscles, joints, tendons
|
|
|
Respondeat Superior
|
Legal term- Company can be liable for damages caused by it's EE
|
|
|
Retaliation
|
When an employer takes an adverse employment action against an employee because the employee engaged in a protected activity
|
|
|
Right to Sue Letter
|
Letter a complaining party must receive from the Department of Fair Employment Housing after fling an administrative charge & before proceeding with a civil action in court
|
|
|
Safety Sensitive Position
|
Job involving duties that have clear connections to safety that would arise if an employee were under the influence
|
|
|
Serious Health Condition for CFRA
|
Illness, injury, impairment or physical/ mental condition of employee or family member that involves inpatient care or continuing treatment or continuing supervision by health care provider
|
|
|
Service Provider
|
Individual who is not an EE and receives compensation for services
|
|
|
Service Recipient
|
Individual/ entity that receives services from someone who is NOT an EE
|
|
|
Sick Leave
|
Accrued increments of compensated leave when medically necessary
|
|
|
Solicitation
|
Petition someone to do something that could constitute unfair competition
|
|
|
Spouse
|
Partner in a legal documented marriage
|
|
|
State Disability Insurance
|
State mandated wage replacement program funded through EE payroll deduction The SDI Withholding Rate for 2011 is 1.2 percent. The SDI taxable wage limit is $93,316 per employee for calendar year 2011. The maximum to withhold for each employee is $1,119.79.
|
|
|
Supervisor 1825
|
All EEs with authority to hire, fire, transfer, suspend, discipline other EEs if exercise is not merely routine or clerical in nature
|
|
|
Supplemental Job Displacement Benefit
|
Voucher for educational retraining and/or skill enhancement at state approved school offered to EEs injured in or after 2004 with permanent partial disabilities preventing them from performing their former job where the EE does not offer other work
|
|
|
Sweatfree Code of Conduct
|
Labor standards required from contractors contracting for the procurement or laundering of apparel, garments, procurement of supplies
|
|
|
Termination CA WARN
|
Cessation or substantial cessation of industrial or commercial operations in a covered establishment
|
|
|
Trade Secret
|
Information that derives independent economic value either actual or potential, not generally known to the public and an effort to keep the information secret
|
|
|
Training-year Tracking
|
Mode of tracking AB 1825 to ensure that each supervisor is trained at least once every 2 yrs; permits an employer to designate a "training year" in which it trains all or some supervisors and then retrains within 2 yrs
|
|
|
Unemployment Insurance UI
|
Nationwide program created to provide partial wage replacement to unemployed workers while they conduct an active search for new work
|
|
|
Unfair Competition
|
Any unlawful, unfair or fraudulent business practice/ untrue or misleading advertisement
|
|
|
Vocational Rehabilitation
|
Workers Compensation benefits including job placement counseling, retraining, and maintenance to EEs injured in or after 2004 with permanent partial disabilities
|
|
|
Wage Orders
|
Orders that regulate the wage, hours and working conditions in certain industries or occupations
|
|
|
Work Restrictions
|
Doctor's description of the work an injured EE can/ can't do, help to protect the EE from further injury
|
|
|
Workday
|
Any consecutive 24 hr period beginning at the same time each calendar day
|
|
|
Worker's Adjustment & Retraining Notification WARN Act
|
Federal law requiring covered employers to give employees advance notice of a plant closing or mass layoff
|
|
|
Wrongful Termination
|
Firing or laying off an employee for illegal reasons
|
|
|
Steps to comply with state laws
|
Develop
Implement Administer policies, practices & procedures |
|
|
Termination Notice
|
CA For Your Benefit Information Brochure DE2320, Health Insurance Premium Payment notice, Change of Status notice
|
