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Accident - CORRECT ANSWERS ✔✔Unplanned sequence of events that results in undesirable consequences Alternative workweek - CORRECT ANSWERS ✔✔Any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period Adverse employment action - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔Federal law that prohibits discrimination against people with disabilities Antipiracy agreement - CORRECT ANSWERS ✔✔Agreement by one party not to recruit employees of another party, typically limited to a specific time period Apportionment - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Money promised to an employee in addition to the monthly salary, hourly wage,
California Family Rights Act (CFRA) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔Law that addresses privacy on telephones and other electronic equipment Causal link - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Notice employers must provide when employees are terminated, discharged, laid off, or placed on leave of absense Child - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Term for insurance companies and others that handle workers' compensation; also called claims examiner or claims adjuster Collective bargaining agreement - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔Joint labor-management body that oversees the health and safety and workers' compensation systems in California Conditional offer of employment - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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
Deterrence test - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔California state agency that enforces Cal/OSHA safety and health standards Division of Workers' Compensation (DWC) - CORRECT ANSWERS ✔✔California state agency that administers workers' compensation Domestic partners - CORRECT ANSWERS ✔✔Two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring Drug-Free Workplace Act - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Electronic monitoring or surveillance in the workplace Employee (for Cal-WARN) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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
Employment-at-will doctrine - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Employer's policy regarding a wide range of issues involving the use of company-provided technologies, such as computers, telephones, etc. Ergonomics - CORRECT ANSWERS ✔✔Study of how to improve the fit between the physical demands of the workplace and the employees who perform the work Essential job functions - CORRECT ANSWERS ✔✔Duties crucial to a job such that the position exists to perform the job function Exempt - CORRECT ANSWERS ✔✔Job classification in which the employee is not eligible for overtime payments Express contract - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Court-mandated deduction from an employee's paycheck for child or spousal support, tax lien, etc. General Industry Safety Orders (GISOs) - CORRECT ANSWERS ✔✔Safety Orders under Cal/OSHA Gratuity - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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
agreement of employment for some term or for continued absent cause for termination In loco parentis - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Act proscribed by constitutional, statutory, regulatory, common law, or other determinable legal standard that organizations must avoid when hiring from a competitor Individual tracking - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔Health and safety program employers are required to develop and implement Interactive process - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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) - CORRECT ANSWERS ✔✔California law that imposes requirements employers must follow when using an outside agency to perform a background check Job analysis - CORRECT ANSWERS ✔✔Systematic method used in obtaining a detailed listing of the tasks of a specific job
taken was sufficiently material to affect a term or condition of the employee's employment Medical provider network (MPN) - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Minimum hourly wage an organization is required to pay by law Minor - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Existing position of an injured worker with some changes that allow him or her to perform the job Negligent hiring - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔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 - CORRECT ANSWERS ✔✔Agreement by one party not to use or disclose defined confidential information belonging to another party, sometimes limited to a specific time period Nonexempt - CORRECT ANSWERS ✔✔Job classification in which the employee is eligible for overtime payments Nonsolicitation agreement - CORRECT ANSWERS ✔✔Agreement by one party not to solicit the business or specified customers of the other party, typically limited to a specific time period
Permit to Employ and Work - CORRECT ANSWERS ✔✔Permit required for all minors under 18 years of age employed in the state of California; obtained from the local school district Pre-designated physician - CORRECT ANSWERS ✔✔Physician who can treat a work injury if the employee has advised the employer in writing prior to the work injury or illness and if certain conditions are met Pregnancy disability leave (PDL) - CORRECT ANSWERS ✔✔Leave taken for disability on account of pregnancy, childbirth, or related medical conditions Privacy policy - CORRECT ANSWERS ✔✔Policy that must be posted on the Web site of any organization that uses its Web site in a way that triggers requirements of California Online Privacy Protection Act; must describe the uses and disclosure limitations that apply to protect any information the organization obtains via the Web site Private Attorneys General Act (PAGA) - CORRECT ANSWERS ✔✔Litigation reform that greatly expanded the menu of legal claims that California employees could bring directly into court for themselves and on behalf of others similarly situated Professional annoucement - CORRECT ANSWERS ✔✔Communication sent by a former employee to an organization's customers, alerting them to the employee's
departure from the organization and providing them with new contact information to reach the departed employee Protected activity - CORRECT ANSWERS ✔✔Activity that involves engaging in or exercising a right that is protected by law, such as serving on a jury or complaining about safety conditions Protected locations - CORRECT ANSWERS ✔✔Places in which employers cannot make audio or video recordings, such as bathrooms, rest rooms, shower facilities, locker rooms, lactation rooms, or rooms set aside for employees to change clothes Reasonable accommodation - CORRECT ANSWERS ✔✔Job modifications that enable an individual to perform the essential functions of a job; may involve disability, drug or alcohol rehabilitation, or religious practices Record retention - CORRECT ANSWERS ✔✔Evidence, proof, or documentation preserved under the custody of the organization Recordable - CORRECT ANSWERS ✔✔Injury or illness that satisfies conditions requiring record keeping found in Cal/OSHA Registered domestic partners - CORRECT ANSWERS ✔✔Same- sex couples (or opposite-sex couples in which one member is at least 62 years old who meet certain criteria under California law and follow specified procedures to become listed on the
