California Employment Law Glossary

California Division of Labor Standards Enforcement (DLSE)

The state agency responsible for enforcing California's labor laws, including wage and hour regulations.

California Labor Commissioner

The chief officer of the California Division of Labor Standards Enforcement (DLSE), responsible for enforcing labor laws and adjudicating labor disputes.

Certification
A verbal or written statement in support of another statement’s accuracy.

Complaint
A written submission filed in Court outlining what law was broken, how it was broken, and what is sought by the filing party.

Constructive Discharge

When a worker's resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment, or has applied other forms of pressure or coercion which forced the employee to quit or resign.

Contract
A written (or, in some cases, verbal) agreement made between two or more parties for all parties to the contract to perform or not perform specific actions.

Defamation
A written or verbal statement of fact made to a third party that is false and derogatory which causes provable harm to reputation or business.

Defendant
The party that is being sued.

Deposition
Testimony provided during a lawsuit that is recorded and taken under oath.

Disability Discrimination
Being treated differently than others who are not disabled specifically because of your disability or a failure by an employer to accommodate a disability.

Disclaimer
A statement seeking to disclaim the legal effect of another statement.

Discovery
The process during a lawsuit whereby the parties exchange information and documents.

Discrimination
Being treated differently than others due to a characteristic such as age, race, gender, religion, or disability.

Dismissal
When a Court decides or the parties agree that a claim will no longer be heard by the Court.

EEOC
The Equal Employment Opportunity Commission is a federal agency which investigates claims of discrimination.

Employment Agreement
An agreement between an employer and an individual regarding terms and conditions of employment.

Equal Pay Act

California law that prohibits employers from paying employees of one gender less than employees of the opposite gender for substantially similar work.

ESI (Electronically Stored Information)
All documents and communications stored on a computer, phone, tablet, or other electronic device.

Exempt Employee

Employees exempt from the FLSA typically must be paid a salary above a certain level and work in an administrative, professional, executive, computer or outside sales role.

Fact Witness
An individual who is not named in a lawsuit but who has information regarding the claims in the lawsuit.

Filing Fee
The fee for filing a lawsuit, motion, and other legal documents with the Court.

Flat Fee
A one-time fee paid for services.

Harassment
Words or actions that make a reasonable person uncomfortable or injured.

Hostile Work Environment
When harassment based upon a protected personal characteristic is so severe or pervasive that a normal person would consider the workplace to be intimidating or abusive.

Insubordination
Refusing to perform a task properly ordered by a superior.

Interrogatories
Written questions to be answered during a lawsuit.

Judge
An official that presides over all phases of civil lawsuit.

Judgement
An award by a judge or arbitrator in favor of the winning parties.

Jury
A group of citizens who decide whether a Plaintiff has proven their case.

Jury Trial
A process in which all parties to a lawsuit make arguments and take testimony and a jury decides the case instead of a judge.

Mediation
A voluntary process in which parties to a lawsuit get together with a neutral third party who tries to help resolve their issues.

Mediator
A neutral third party who tries to resolve disputes between other parties.

Mitigation
When claiming backpay and/or front pay in a lawsuit, the claiming party’s attempts at reducing the damage.

Motion
A court filing asking the Court to rule on an issue.

National Origin
An individual’s native country.

Non-compete
A contract clause that prevents an employee from working for a competitor of the employer.

Non-Exempt Employee

Employees primarily performing work that is subject to the overtime provisions of the Fair Labor Standards Act. Overtime pay is required.

Opposition
A court filing arguing that a motion or action should be denied.

Oral Argument
Argument in a Courtroom that takes place before one or more judges and is on the record.

Party
A person or entity involved in a lawsuit.

Plaintiff
A person or entity that brings a lawsuit.

Protected Leaves of Absence

Various state and federal laws that provide eligible employees with protected leave for specific reasons, such as the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Leave (PDL).

Quash
A Court order commanding a party not to produce information or respond to a subpoena.

Race Discrimination
Being treated differently than others who are of a different race than you specifically because of your race.

Release
A contract between two parties where the parties agree not to sue each other in return for other promises or financial compensation.

Request for Production of Documents
Written requests for documents during a lawsuit.

Retaliation
Increased harassment, change in job or working conditions, suspension, termination, or other job action taken in response to complaints of discrimination or unlawful activity.

Settlement
An agreement between parties to a lawsuit where the lawsuit is dismissed in return for monetary or other compensation or consideration.

Severance Agreement
An agreement between an employer and a former employee made at the end of employment. See release and settlement.

Sexual Harassment
Comments and/or actions that make a person feel uncomfortable or worse because of their sexual nature or because of their or your gender.

Stipulation
An agreement between two parties to a lawsuit regarding a factual or legal issue in the lawsuit.

Subpoena
A legal request made to a party requesting the production of documents or information.

Summary Judgement
A motion made in a lawsuit asking the court to dismiss for lack of evidence.

Summons
A legal document ordering a party to appear before the Court.

Sworn Statement
A statement made under oath to tell the truth.

Transcript
A written version of statements made orally.

Trial
A process in which all parties to a lawsuit make arguments and interview witnesses and a determination is made at the end as to which party proved their case.

Verdict
The determination of who won each claim in a lawsuit.

Wage Theft Prevention Act

California law that requires employers to provide written notice to employees regarding their wage rates, designated payday, and other information related to their employment.

Warn Act / California Warn Act

An extension of the federal WARN Act, which provides protection to employees affected by plant closings and mass layoffs. Under the WARN Act, employers are required to provide sixty (60) days advance notice of the layoff or plant closing to affected employees.

Wrongful Termination
A firing done in violation of law