As used in this article: (a) âAggrieved employeeâ means either of the following: (1) An employee against whom one or more alleged violations of this article was committed. (2) A university employee coworker of an employee against whom one or more alleged violations of this article was committed who performs services for the university at or for the same university location or department as the employee. (b) âBasic payroll informationâ means, for each vendor-supplied employee who performed services at any time during the preceding six-month period, the following information: (1) The employeeâs full name, job title, mobile telephone number, email address, and home address. (2) Work location while performing services for the university. (3) The employeeâs hourly rate of pay while performing services for the university for each applicable pay period during the preceding six-month period. (4) The hourly value of employer-provided benefits, if any, received by the employee while performing services for the university for each applicable pay period during the preceding six-month period. (5) The employeeâs hours of work while performing services for the university for each applicable pay period during the six-month period. (c) âContractâ includes any written instrument, purchase order, change order, order, requisition, service agreement, or other written or electronic document, however titled, reflecting an agreement that the vendor will perform services or supply the university with employees to perform services in exchange for payment. (d) âEmployeeâ includes any contract worker, or individual employed by any vendor, or otherwise supplied to the university by any vendor, to perform services for the university. âEmployeeâ also includes an individual treated by either the vendor, a subcontractor, or the university as an independent contractor. âEmployeeâ does not include any individual who is a parent, spouse, child, or legally adopted child of the employer, any sole proprietor, or any individual with an ownership interest of 5 percent or more in the vendor. (e) âEmployerâ means any person, as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. (f) âHourly value of employer-provided benefitsâ means the employerâs actual cost for the employeeâs benefits, including, but not limited to, retirement, health, dental, vision, and life and disability benefits calculated as an hourly dollar amount. It does not include any paid time off or any payroll expenses required by law. For any employee who does not receive employer-provided benefits, the following shall apply: (1) For health, dental, or vision benefits, the value of those benefits is the value of the health, dental, or vision benefits offered to an employee if all of the following are true: (A) The employee is not a Medi-Cal beneficiary. (B) The employee is offered but does not elect to receive employer-provided health, dental, or vision benefits. (C) The employee would receive benefits equivalent to benefits provided to university employees performing the same work. (2) For health, dental, or vision benefits, if the requirements of paragraph (1) are not met, the hourly value is zero dollars ($0). (3) For all other employer-provided benefits, if an employee does not receive the benefit, for whatever reason, the hourly value is zero dollars ($0). (g) âJoint labor-management committeeâ includes any joint labor-management committee or similar meeting body or committee established jointly by the university and the exclusive representative of university employees who perform the same or similar services as the employees performing services for the university. (h) âServicesâ means work that is subject to university policy. âServicesâ includes services that have been customarily performed by barg
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