A
Age Discrimination (ADEA)
Age Discrimination (ADEA) is a law that protects employees and job applicants from discrimination based on their age, specifically those who are 40 years old or older. It prohibits employers from making employment decisions based on age, ensuring fair treatment in hiring, promotions, and other job-related actions.
A
At-Will Employment
At-will employment is a type of employment arrangement where either the employer or the employee can terminate the employment at any time, for any reason, as long as it is not illegal. This means that employees can leave their jobs without notice, and employers can also dismiss employees without cause.
B
Background Check
A background check is a process used by employers to verify a job candidate's history and qualifications. It typically includes checking criminal records, employment history, and education credentials.
C
Collective Bargaining
It is a process where employers and employees negotiate terms of employment, such as wages and working conditions. This negotiation aims to reach an agreement that satisfies both parties.
C
Confidentiality Agreement
A confidentiality agreement is a legal contract that protects sensitive information shared between parties. It ensures that the information remains private and is not disclosed to unauthorized individuals.
C
Constructive Dismissal
This term refers to a situation where an employee resigns due to their employer's behavior, which makes it impossible for them to continue working. It is treated as if the employer fired the employee, allowing them to seek legal remedies.
D
Disability Discrimination (ADA)
Disability discrimination under the Americans with Disabilities Act (ADA) occurs when an employer treats a qualified individual with a disability unfavorably because of their disability. This law ensures that people with disabilities have equal opportunities in the workplace.
D
Disparate Impact
Disparate Impact refers to a legal theory that addresses practices in employment that may appear neutral but disproportionately affect a particular group. It is used to identify and challenge policies that lead to unequal outcomes for different demographic groups.
D
Disparate Treatment
Disparate Treatment is a form of discrimination that occurs when an employer treats an employee or job applicant unfavorably because of their race, color, religion, sex, or national origin. It is a violation of employment law that aims to ensure fair treatment in the workplace.
D
Drug Testing
It is a process used to check for illegal drugs or alcohol in a person's system. Employers often use it to ensure a safe and productive workplace.
E
Employment Contract
An employment contract is a legal agreement between an employer and an employee that outlines the terms of employment. It includes details such as job responsibilities, salary, benefits, and conditions for termination.
E
Employment Discrimination
It refers to unfair treatment of employees based on characteristics like race, gender, age, or disability. This discrimination can occur in hiring, promotions, job assignments, and other employment-related decisions.
E
Equal Pay Act
The Equal Pay Act is a law that requires men and women to be paid equally for performing the same work. It aims to eliminate wage discrimination based on gender.
E
Ergonomics
This field studies how people interact with their work environment to improve comfort and efficiency. It aims to design workplaces that reduce strain and enhance productivity.
E
Exempt vs Non-Exempt
The terms exempt and non-exempt refer to whether an employee is entitled to overtime pay under the Fair Labor Standards Act (FLSA). Exempt employees typically earn a salary and do not receive overtime, while non-exempt employees are usually paid hourly and are entitled to overtime pay for hours worked beyond 40 in a week.
F
Family and Medical Leave (FMLA)
Family and Medical Leave (FMLA) is a law that allows eligible employees to take unpaid leave for certain family and medical reasons without losing their job. It provides up to 12 weeks of leave in a year for events like the birth of a child or caring for a sick family member.
F
Fixed-Term Contract
A Fixed-Term Contract is an employment agreement that lasts for a specific period, ending on a predetermined date or upon completion of a specific task. It provides both the employer and employee with clarity regarding the duration of employment and the terms involved.
H
Hostile Work Environment
A hostile work environment occurs when an employee experiences harassment or discrimination that is severe or pervasive enough to create an intimidating or abusive workplace. This can include unwanted comments, actions, or behaviors that interfere with an employee's ability to perform their job.
I
Independent Contractor vs Employee
An independent contractor is a self-employed individual who provides services to clients under a contract, while an employee works for an employer and is subject to their control and direction. The distinction affects tax responsibilities, benefits, and legal protections.
L
Lockout
A lockout is a work stoppage initiated by an employer during a labor dispute, preventing employees from entering the workplace. It is often used as a strategy to negotiate terms with labor unions or to counteract strikes.
M
Minimum Wage
It is the lowest amount of money that employers are legally required to pay their workers for their labor. This wage is set by law to ensure that employees receive a fair minimum income.
N
NLRB
The NLRB, or National Labor Relations Board, is a U.S. government agency that protects the rights of employees and employers in the workplace. It oversees labor relations and ensures fair practices regarding union activities and collective bargaining.
N
Non-Solicitation Agreement
A Non-Solicitation Agreement is a legal contract that prevents an employee from soliciting clients or employees from their former employer after leaving the company. This type of agreement aims to protect a business's relationships and proprietary information.
O
Overtime (FLSA)
Overtime under the Fair Labor Standards Act (FLSA) refers to the extra pay workers receive for hours worked beyond 40 in a workweek. Typically, this pay is calculated at one and a half times the employee's regular hourly wage.
P
Pregnancy Discrimination
This term refers to unfair treatment of employees based on pregnancy, childbirth, or related medical conditions. It can occur in hiring, promotions, job assignments, and other employment practices.
P
Protected Class
A protected class is a group of people who are legally protected from discrimination based on certain characteristics. These characteristics can include race, gender, age, disability, and more. Laws prevent employers from treating individuals unfairly because they belong to these groups.
Q
Quid Pro Quo Harassment
This type of harassment occurs when someone in a position of power demands sexual favors in exchange for job benefits. It creates a hostile work environment and is illegal under employment law.
R
Reasonable Accommodation
A reasonable accommodation is a change or adjustment in the workplace that helps employees with disabilities perform their job duties. It ensures that they have equal opportunities in employment without causing undue hardship to the employer.
R
Retaliation (employment)
Retaliation in employment refers to negative actions taken by an employer against an employee for engaging in protected activities, such as reporting discrimination or harassment. This concept is important in employment law as it protects workers from unfair treatment and encourages them to speak up about workplace issues without fear of repercussions.
R
Right to Work
The Right to Work refers to laws that allow employees to work without being forced to join a union. These laws aim to protect workers' rights and promote individual freedom in the workplace.
S
Severance
Severance is a payment or benefits provided to an employee after they leave a job, often due to layoffs or company restructuring. It helps support the employee financially as they transition to new employment.
S
Sexual Harassment
It refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that occurs in the workplace. Such behavior can create a hostile or intimidating work environment and is considered illegal under employment law.
S
Strike
A strike is a work stoppage initiated by employees to protest working conditions, wages, or other employment-related issues. It is a powerful tool in labor negotiations and is protected under employment law in many countries.
T
Title VII
This law prohibits employment discrimination based on race, color, religion, sex, or national origin. It aims to ensure equal treatment in the workplace for all individuals.
U
Unfair Labor Practice
An unfair labor practice is an action by employers or unions that violates labor laws and workers' rights. This can include actions like interfering with employees' rights to organize or discriminating against workers for their union activities.
U
Union
A union is an organization formed by workers to protect their rights and interests in the workplace. It negotiates with employers on behalf of its members to secure better wages, benefits, and working conditions.
W
WARN Act
The WARN Act, or Worker Adjustment and Retraining Notification Act, requires employers to provide advance notice of significant layoffs or plant closings. This law aims to give workers time to prepare for job loss and seek new employment.
W
Wage Gap
The wage gap refers to the difference in earnings between different groups of people, often based on gender or race. It highlights how, on average, certain groups earn less than others for similar work.
W
Whistleblower Protection
Whistleblower protection refers to laws and policies that shield individuals who report illegal or unethical activities within an organization from retaliation. These protections encourage people to come forward without fear of losing their jobs or facing other negative consequences.
W
Worker Misclassification
Misclassification occurs when a worker is incorrectly classified as an independent contractor instead of an employee. This can lead to the denial of benefits and protections that employees are entitled to under the law.
W
Workplace Safety (OSHA)
Workplace Safety (OSHA) refers to regulations and standards set by the Occupational Safety and Health Administration to ensure safe working conditions for employees. It aims to prevent workplace injuries, illnesses, and fatalities through various safety measures and guidelines.
W
Wrongful Termination
It refers to the illegal firing of an employee for reasons that violate laws or contractual agreements. This can include discrimination, retaliation, or breach of contract.