Term
AB1825
Assembly Bill 1825 of 2004 |
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Definition
| Required sexual harassment training every two years for supervisors |
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Term
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Definition
| Documentation that an employer must provide to an applicant or EE whenever the employer makes an employment decision based on information obtained through a background check. |
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Term
| ADVERSE EMPLOYMENT ACTION |
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Definition
A required part of retaliation claim
Examples include: Termination, demotion, discipline or transfer to less favorable working conditions. |
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Term
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Definition
| An agreement by one party not to recruit employee's of the other party. Typically limited to a specific time period. |
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Term
| AVOIDABLE CONSEQUENCES DOCTERINE |
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Definition
| The principle under which a complaining parties damages in a harassment lawsuit may exclude any damages that the party might have avoided if he or she earlier reported possible harassment under an appropriate company policy; available only when the company has taken appropriate proactive steps to prevent workplace harassment. |
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Term
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Definition
| The California Warn Act which 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) unless the organization can show one of the exceptions to the requirement is present. |
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Term
| CA CONSTITUTIONAL RIGHT TO PRIVACY |
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Definition
| The right of privacy guaranteed under the provisions of the CA constitution. |
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Term
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Definition
| The link that an ee complaining of retaliation must prove to show that the employer took an adverse employment action against the ee because of the protected activity. |
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Term
CCMIA
CA CONFIDENTIALITY OF MEDICAL INFORMATION |
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Definition
| A 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. |
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Term
CCRAA
CA CONSUMERS REPORTING AGENCIES ACT |
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Definition
| State law that imposes requirements employers must follow when they seek credit information of an ee or applicant during a background check by assesing public records. |
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Term
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Definition
| Notice employers must provide when ee's are terminated, discharged, laid off, or placed on LOA |
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Term
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Definition
| In person, trainer instruction, created by an instructional designer and provided to supervisers by a qualified or an SME |
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Term
| CONDITIONAL OFFER OF EMPLOYMENT |
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Definition
| Offer of employment that will not be withdrawn, so long as specified conditions are satisfied. |
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Term
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Definition
Theory under which a court will permit an ee who actually quit to bring a legal claim as though the employer had terminated the employment.
(Intollerable conditions - reasonable person) |
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Term
COPPA
CA ONLINE PRIVACY PROTECTION ACT |
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Definition
| Law that requires websites seeking information from visitors such as online empl. apps, to post a privacy policy meeting certain requirements. |
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Term
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Definition
Any industrial or commercial facility or part thereof that employs or has employed within the preceeding 12 months, 75 or more persons.
(Cal-Warn) |
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Term
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Definition
| Criminal law that addresses privacy on telephones and other electronic equipment. |
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Term
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Definition
One of two tests to determine whether an adverse action has occurred for retaliation purposes.
(would it deter a reasonable ee from engaging in the protected activity in which the ee engaged). |
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Term
DFEH
DEPT OF FAIR EMPLOYMENT AND HOUSING |
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Definition
| State gov't agency responsible for administering the FEHA including investigation of complaints and either issuing right to sue letters and/or prosecuting possible violations. |
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Term
| DRUG FREE WORKPLACE ACT OF 1990 |
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Definition
| Federal statuate reqarding drug free workplaces with which CA state contractors must also apply. |
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Term
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Definition
| The process permitted for organizations to recognize and credit AB1825 training provided to a new supervisory ee by a previous or different employer of the ee. |
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Term
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Definition
| A duty that all ee's owe to their employer during employment, which is recognized by CA law and reflected in several CA labor code provisions. |
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Term
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Definition
| Individualized, interactive, computer-based training, the content of which is written, developed and approved by an instructional designer, quailified trainer, or SME. |
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Term
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Definition
| Electronic monitoring or surveillance in the workplace. |
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Term
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Definition
| An employers policy regarding a wide range of issues involving the use of company provided technologies such as computers, telephones |
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Term
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Definition
| A person employed by an employer for at least 6 months of the 12 months preceeding the date on which notice is required under Cal-Warn. |
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Term
| EMPLOYEE (FOR UI & EDD REPORTING) |
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Definition
| Any individual or person performing services for wages or under any employment related contract for hire. |
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Term
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Definition
| Any person or entity owning and operating a covered establishment |
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Term
| EMPLOYER - EMPLOYEE RELATIONSHIP |
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Definition
| The relationship that exists when a person who hires and individual to perform services has the right to exercize control over the manner and means by which the individual performs his/her services. |
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Term
| EMPLOYMENT AT-WILL DOCTERINE |
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Definition
| 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. |
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Term
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Definition
| A contract formed when two or more parties manifest mutual intent to be bound by the terms of an agreement between them. |
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Term
| FALTERING COMPANY EXCEPTION |
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Definition
| An exception under Cal-Warn when an organization is actively seeking capital and an advance notification could harm the effort. |
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Term
FEHA
CA FAIR EMPLOYMENT HOUSING ACT |
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Definition
| Protects ee's from discrimination and/or harassment because of thier protected status or characteristic and from retaliation for making a complaint or otherwise opposing conduct that would violate the FEHA. |
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Term
| FEHA PROTECTED CATEGORIES |
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Definition
include:
age (40+, ancestry, color, religious creed, denial of family and medical care leave, disability (mental/physical) including HIV, AIDS, marital status, medical condition (cancer and genetic), national origin, race, religion, sex, sexual orientation and trans-gender status. |
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Term
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Definition
| Under certain conditions employers with 20 or more ee's are required to notify their ee's being terminated of the availability of health insurance premium payment. |
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Term
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Definition
| Case in which the CA supreme court clarified that the CA constitutional right to privacy applies to private entities, unlike Federal constitutional privacy rights. 3 part test for a constitutional privacy claim and discussed avail. defenses. |
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Term
ICRAA
INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT |
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Definition
| CA law imposing requirements employers must follow when using an outside agency to perform a background check or a slightly different set of special rules for background checks performed in house. |
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Term
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Definition
| Oral or written representations to ee's regarding job security or other matters that may create an implied agreement of employment for some term or for some continued employment absent cause for termination. |
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Term
INDEPENDENT CONTRACTOR
IC |
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Definition
| An individual who is not an ee of the service recipient and who received compensation or executes a contract for services performed for that service recipient. |
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Term
| INDEPENDENTLY WRONGFUL ACT |
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Definition
| Act proscribed by a constitutional, statutory, regulatory, common law or other determinable legal standard, which organizations must avoid when hiring ee's from a competitor. |
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Term
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Definition
| One of the two acceptable modes of tracking AB1825 training to insure that each supervisor is trained once every 2 years. |
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Term
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Definition
| The duty an organization has to engage in good faith exchange of information and exploration of options with an ee or applicant that has a physical or mental impairment limiting a life activity to determine the existence and reasonableness of any accommodations that might be available in the circumstances to permit the ee/applicant to perform the essential functions of a job. |
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Term
| INVENTION ASSIGNED AGREEMENT |
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Definition
| Agreement under which an ee agrees to assign to the organization any all rights the ee may have in inventions and ideas that the ee generates through the employment with the organizations, subject to the limitations on such agreements under CA law. |
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Term
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Definition
| A separation from a position for lack of funds or lack of work. |
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Term
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Definition
| Arbitration of employment disputes that is required by an arbitration agreement that the employer requires new hires and/or existing ee's to sign as a condition of employment or of continuing employment. |
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Term
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Definition
| One of 3 events that can trigger and advance notification requirement under Cal-Warn. A mass layoff means a layoff of 50 or more ee's. |
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Term
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Definition
One 2 tests to determine whether and adverse employment action has ocurred for retaliation purposes.
(sufficiently material to affect a term or condition of the employees employment) |
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Term
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Definition
| The important concept that the sexual harassment training required for some employers under AB1825 is only a minimum threshold of sexual harassment training and education, which does not provide insulation by itself to protect and employer from liability for failing to take reasonable steps to prevent harassment and/or failing to respond appropriately when the employer knows or has reason to know that harassment may be occurring. |
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Term
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Definition
| Any person under the age of 18 who is required to attend school under the provisions of the education code. |
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Term
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Definition
| The acquisition of a trade secret by improper means or the disclosure of a trade secret by someone who acquired the trade secret by improper means. |
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Term
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Definition
| A legal claim against an employer by any person injured by the conduct of an ee of that employer, if the employer knew or had reason to know that the ee was unfit for the job or if the employer failed to use reasonable care to discover whether the ee was fit for the job. |
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Term
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Definition
| An 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 to a specific geographic area. |
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Term
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Definition
| An agreement by one party not to use or disclose defined confidential information belonging to another party sometimes limited to a specific time period. |
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Term
| NONSOLICITATION AGREEMENT |
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Definition
| Agreement by one party not to solicit the business or specified customers of the other party typically limited to a specific time period. |
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Term
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Definition
| Requirement under Cal-Warn to inform ee's and local gov't about a covered activity such as a mass layoff, relocation or termination at a covered establishment. |
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Term
OWBPA
OLDER WORKERS BENEFIT PROTECTION ACT |
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Definition
| A federal law with many provisions affecting workers aged 40 years or more. |
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Term
PAGA
(CA PRIVATE ATTORNEYS GENERAL ACT) |
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Definition
| A litigation reform that did not create any new rights in the workplace for CA ee's but generally expanded the menu of legal claims that such ee's could bring directly into court for themselves and on behalf of others similarly situated. |
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Term
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Definition
| A policy that must be posted on the website of any organization that uses its website in a way that triggers the COPPA requirements, which must describe the uses and disclosure limitations that apply to protect any information the organization obtains via its website. |
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Term
| PROFESSIONAL ANNOUNCEMENT |
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Definition
| A communication sent by a former ee to the organizations customers alerting them to the ee's departure from the organization and providing them with new contact information to reach departed ee. |
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Term
| PROHIBITED OCCUPATIONS FOR MINORS |
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Definition
| Any occupation identified as prohibited to minors in a certain age category including a large number that has been declared hazardous and detrimental to the well being of minors. |
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Term
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Definition
| EE activity that is protected by a sufficiently identifiable and certain source of law, that an employer is prohibited from retaliating against an ee for engaging in it. |
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Term
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Definition
| Places in which employers cannot make audio or video recordings such as: bathrooms, restrooms, shower facilities, locker rooms, lactation rooms or rooms set aside for ee's to change their clothes. |
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Term
REASONABLE ACCOMMODATION:
DISABILITY |
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Definition
| Job modifications that enable an individual with a physical or mental impairment to perform the essential functions of a job, including scheduling changes, extended leaves of absence, workstation changes, job task restructuring and providing work aids. |
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Term
REASONABLE ACCOMMODATION:
DRUG & ALCOHOL REHABILITATION |
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Definition
| The duty employers with 25 or me ee's may sometimes have to accommodate an ee's participation in a drug or alcohol rehabilitation |
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Term
REASONABLE ACCOMMODATION:
RELIGIOUS |
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Definition
| Job modifications that enable an individual to exercize religious beliefs, including scheduling changes to permit religious observances, certain dress and grooming practices, and permitting ee's to pray at work during break time in a private area. |
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Term
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Definition
| Evidence, proof or documentation preserved under the custody of the organization. |
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Term
| REGISTERED DOMESTIC PARTNERS |
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Definition
| Same sex couples (or opposite sex couples in which at least one member is 62 years old) who meet certain criteria under CA law and follow specified procedures to become enlisted on the appropriate registry with the Secretary of State as domestic partners thus entitling them to the same rights, protections and benefits, and the same responsibilities, obligations and duties under law as are granted to an imposed under spouses (and after termination of any such partnership upon former spouses). |
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Term
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Definition
| One of the 3 events that can trigger and advance notification requirement under Cal-Warn. |
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Term
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Definition
| The name for the legal principle that makes an organization legally liable for damages caused by the conduct of an ee that occurred in the scope of the employment. |
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Term
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Definition
| The letter a complaining party must received from the DFEH before proceeding with a civil action in court. |
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Term
| SAFETY-SENSITIVE POSITION |
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Definition
| A job involving duties which have clear connections to safety that would arise if an ee in the postion were under the influence of drugs or alcohol while on the job. |
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Term
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Definition
| The section of the CA business and professionals code that states the broad general rule with very few exceptions that every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to the extent void. |
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Term
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Definition
| Individual, person, corporation or other entity or organization that receives services from an individual who is not an ee of the recipient but received compensation or executed a contract to perform services for the recipient. |
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Term
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Definition
| A personal petition and importunity addressed to a particular individual to do some particular thing which can constitute unfair competition in some circumstances. |
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Term
| SWEAT-FREE CODE OF CONDUCT |
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Definition
| Labor standards required for contractors contracting for the procurement for laundering of apparel, garments or corresponding accessories or to the procurement of equipment, materials, or supplies other than procurement related to the public works contract |
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Term
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Definition
| Information that derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from it's disclosure or use and which is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. |
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Term
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Definition
| One of the 2 acceptable modes of tracking AB1825 training to ensure each supervisor is trained at least once every 2 years. |
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Term
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Definition
| Any lawful, unfair or fraudulent business practice or unfair, deceptive, untrue or misleading advertising. |
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Term
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Definition
| Obtained from the local school district. All minors under 18 years of age must have a permit to work. |
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Term
WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT
(WARN) |
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Definition
| A federal law requiring covered employers to give ee's advanced notice of a plant closing or mass layoff. |
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Term
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Definition
| The individual has been demoted or reduced in pay grade for illegal reasons. |
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Term
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Definition
Age
Marital Status
Gender
Sexual Orientation
AIDS/HIV Status
Domestic Partnership
Medical Condition
Pregnancy
Race
National Origin
Religion
Genetic Characteristics
Harassment - Sexual or otherwise |
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