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Employment Law Overview
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Wrongful Termination
A situation where an employee's dismissal breaches one or more terms of the contract of employment, a written company policy, or law. Common issues include proving that dismissal was without cause or illegal.
Reasonable Accommodation
Modifications or adjustments to a job or work environment that enables an individual with a disability to have equal employment opportunities. Issues include determining what accommodations are reasonable and handling requests.
Collective Bargaining
The process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment. Issues include union recognition and labor disputes.
Constructive Discharge
When working conditions are so intolerable that an employee is forced to resign. Issues include proving that work conditions were deliberately created to force resignation.
Severance Pay
The pay and benefits an employee receives upon leaving their employment. Common issues include the negotiation of severance agreements and the legality of waivers for claims.
Overtime Pay
The additional compensation required by law paid to eligible employees who work more than a certain number of hours in a workweek. Common issues include misclassification of employees and failure to properly calculate overtime.
Family and Medical Leave Act (FMLA)
A federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. Common issues include eligibility disputes and employer compliance.
Workplace Discrimination
Unfair treatment of employees based on protected characteristics such as age, race, gender, etc. Issues include proving intent, disparate impact versus disparate treatment, and navigating anti-discrimination laws.
Harassment
Unwelcome conduct in the workplace based on race, color, religion, sex, nationality, age, disability, or genetic information. Common issues include hostile work environment and quid pro quo harassment.
Unemployment Benefits
Payments made by the state or other authorized bodies to unemployed people. Issues include eligibility, fraudulent claims, and compliance with work search requirements.
Hostile Work Environment
A situation where an employee experiences workplace harassment and fears going to work due to the offensive, intimidating, or oppressive atmosphere generated by the harasser. Common issues involve proving the environment is hostile and impacts employment.
Title VII of the Civil Rights Act of 1964
A landmark piece of federal legislation that prohibits employment discrimination based on race, color, religion, sex, or national origin. Issues include its scope, application, and the expansion to include sexual orientation and gender identity.
Worker's Compensation
A form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. Common issues include claim disputes and fraud.
Retaliation
Adverse action taken by an employer against an employee for engaging in legally protected activity, such as complaining about discrimination or harassment. Issues include proving causation and preventing retaliation claims.
Pregnancy Discrimination Act
A law that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Common issues include accommodating pregnant employees and maternity leave.
Equal Employment Opportunity Commission (EEOC)
The agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. Common issues involve handling discrimination complaints and legal actions against employers.
Exempt vs Non-exempt Employees
Classification of employees that determines eligibility for overtime pay. Exempt employees are not entitled to overtime pay while non-exempt are. Issues include misclassification and proper payment of wages.
Minimum Wage
The lowest hourly wage that an employer can legally pay to a worker. Common issues include wage theft and compliance with state and federal laws.
Employment Discrimination
Treating individuals unfavorably because of their specific characteristics, such as age, race, or gender. Issues involve maintaining compliance with anti-discrimination laws and properly investigating claims.
Employment Eligibility Verification (Form I-9)
Form required by federal law to verify the identity and employment authorization of new hires. Issues include ensuring proper completion and avoiding discrimination during verification.
Americans with Disabilities Act (ADA)
Legislation that prohibits discrimination against individuals with disabilities in all areas of public life. Common issues include accommodation requirements and defining what constitutes a disability.
Non-compete Agreements
Contracts where an employee agrees not to enter into competition with an employer after the employment period is over. Issues include enforceability, geographic scope, and time restrictions.
Occupational Safety and Health Act (OSHA)
A federal law that requires employers to provide a safe and healthful workplace. Issues include workplace inspections, safety standards, and employer compliance.
Employment Contracts
Agreements between employer and employee that spell out the terms of employment. Common issues include breach of contract, enforceability, and understanding terms.
Employee Misclassification
Incorrectly classifying workers as independent contractors rather than employees, which affects their rights and benefits. Common issues include avoidance of payroll taxes and denial of employee benefits.
Fair Labor Standards Act (FLSA)
A federal law which sets minimum wage, overtime, and child labor standards. Issues include determining exempt versus non-exempt status and ensuring compliance with wage and hour laws.
Age Discrimination in Employment Act (ADEA)
A federal law that aims to protect individuals who are 40 years of age or older from employment discrimination based on age. Issues include proving age was the factor in employment decisions and providing equal benefits regardless of age.
At-will Employment
A legal doctrine stating that employment is voluntary and indefinite for both employees and employers alike, and either party can terminate employment at any time without prior notice. Common issues include wrongful termination claims and discrimination allegations.
Whistleblower Protection
Laws and regulations that protect employees who expose wrongdoing within an organization. Common issues include retaliation and the scope of protection.
Genetic Information Nondiscrimination Act (GINA)
A federal law that prohibits employment discrimination based on genetic information. Common issues include preventing use of genetic information in employment decisions and confidentiality concerns.
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