DLSE - Glossary

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Negligence means the omission to do something that a reasonable person, guided by those considerations that ordinarily regulate the conduct of human affairs, would do, or the doing of something that a prudent and reasonable person would not do. Negligence is not an absolute term, but a relative one, and whether or not a particular act or omission constitutes negligence depends by definition on the particular circumstances, considering especially the time, place, and persons involved. A determination of negligence is a legal conclusion that can only be arrived at by a court of law.

net 10 minutes

A rest period is defined as a "net" 10 minutes, and means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.

no significant amount of work other than the foregoing

The term "no significant amount of work other than the foregoing" means not more than 20% of the work time. Usually, "such other work" involves housekeeping duties such as cleaning house, washing dishes and clothes, ironing, and grocery shopping.


Nonexempt status means that the provisions of the Industrial Welfare Commission Orders cover an employee.