GlossaryA B C D E F G H I J L M N O P Q R S T U V W
Temporary disability benefits that may be paid when an employee returns to work at less than full earnings. Also known as temporary partial disability (TPD).
A violation is willful when the employer committed an intentional and knowing violation of safety law or the employer was not consciously violating a safety law, but was aware that an unsafe or hazardous condition existed and made no reasonable effort to eliminate the condition.
“Workday” is defined in the Industrial Welfare Commission Orders and Labor Code § 500 for the purpose of determining when daily overtime is due. A workday is a consecutive 24-hour period beginning at the same time each calendar day, but it may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different shifts. However, once a workday is established it may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations. Daily overtime is due based on the hours worked in any given workday; and the averaging of hours over two or more workdays is not allowed.
workers' compensation administrative law judge
Judges at the state Division of Workers' Compensation district offices who conduct hearings take evidence, issue decisions and approve settlements.
Workers' Compensation Appeals Board (WCAB)
The judicial unit that formally resolves workers' compensation disputes.
Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. "Workweek" is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. An employer may establish different workweeks for different employees, but once an employee's workweek is established, it remains fixed regardless of his or her working schedule. An employee's workweek may be changed only if the change is intended to be permanent and is not designed to evade the employer's overtime obligation.