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Employment Law in a Nutshell
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At-Will Employment
Refers to an employment arrangement where either the employer or the employee can terminate the employment at any time without any prior notice and for any reason (except an illegal one).
Hostile Work Environment
A form of harassment characterized by an offensive, intimidating, or oppressive atmosphere that interferes with an employee's ability to work, as defined by anti-discrimination laws.
Equal Employment Opportunity (EEO)
The principle that all individuals should have equal chance for employment, regardless of their race, color, religion, sex, national origin, age, disability, or genetic information.
Employment Discrimination
Unfair or unequal treatment of an employee or job applicant based on race, color, religion, sex, national origin, disability, age, or genetic information, as prohibited under various laws including the Civil Rights Act of 1964.
Employment-at-Will Doctrine
The legal presumption that employment is for an indefinite period of time and may be terminated either by employer or employee without prior notice or reason, with certain legal exceptions.
Employment Contract
A written or oral agreement between an employer and an employee that specifies the terms of the employment relationship, including duties, duration, compensation, and grounds for termination.
Protected Concerted Activity
Legal protection for employees who take collective action, such as discussing pay or working conditions with each other, in an effort to improve their employment terms and conditions.
Affirmative Action
A policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination.
Minimum Wage
The lowest hourly pay that employers can legally pay to workers. The federal minimum wage is set by the Fair Labor Standards Act (FLSA), but states can have their own minimum wages.
Wrongful Termination
Occurs when an employee is dismissed from their job for illegal reasons, such as violation of federal anti-discrimination laws or a contractual breach.
Severance Pay
Money and/or benefits an employer provides to an employee after employment is over in addition to their final salary owed, usually depending on the length of employment.
Employee Handbooks
Manuals provided by an employer to outline the company's policies, procedures, and practices as well as employee rights and responsibilities.
Sexual Harassment
Behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation.
Whistleblower Protection
Legal protections provided to employees who report illegal activities or violations of workplace regulations, often intended to prevent retaliation by employers.
Bona Fide Occupational Qualification (BFOQ)
A legal defense that allows an employer to make employment decisions based on characteristics that are normally considered discrimination if they are reasonably necessary to the normal operation of that particular business.
Pregnancy Discrimination Act
An amendment to Title VII of the Civil Rights Act of 1964 that prohibits sex discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Worker's Compensation
Insurance program mandated by state law that provides compensation to employees who suffer job-related injuries and illnesses.
Unfair Dismissal
A statutory right under employment law where an employee is terminated by their employer in a manner that is against the law or without proper cause.
Grievance Procedure
A formal way in which an employee can raise a complaint or concern about their work or working conditions to their employer.
Independent Contractor
An individual in business for themselves who provides goods or services to another entity under terms specified in a contract or within a verbal agreement and is not subject to the entity's control or right to control.
Redundancy
A situation where an employer reduces their workforce because a job or jobs are no longer needed, often comes with rights like statutory redundancy pay and a consultation process for the employees.
Overtime Pay
Additional pay for hours worked over the regular 40-hour work week as enforced by the Fair Labor Standards Act (FLSA). Typically, it is at least one and a half times the employee's regular pay rate.
Occupational Safety and Health Administration (OSHA)
A federal agency charged with the enforcement of safety and health legislation to ensure safe and healthful working conditions for workers by setting and enforcing standards.
Age Discrimination in Employment Act (ADEA)
A federal law that aims to protect job applicants and employees 40 years of age and older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.
Collective Bargaining
The process where working people, through their unions, negotiate contracts with their employers to determine terms of employment, including pay, benefits, hours, leave, job health and safety, and more.
Reasonable Accommodation
Modifications or adjustments to a job or work environment that enable a qualified individual with a disability to enjoy equal employment opportunities as mandated by the Americans with Disabilities Act (ADA).
Constructive Dismissal
Occurs when an employee resigns due to the employer creating a hostile work environment or changing the terms of employment, effectively forcing the employee to resign.
Exempt vs. Non-Exempt Employees
Classification of employees as per the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime and minimum wage protections, while non-exempt employees are.
Retaliation
Adverse action taken by an employer, supervisor, or co-worker against an employee who has filed a complaint or supported a complaint of discrimination or other illegal workplace conduct.
Family and Medical Leave Act (FMLA)
A federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
Non-Compete Agreement
A clause in an employment contract that restricts an employee from entering into competition with their employer during or after employment.
Wage Theft
The denial of wages or employee benefits rightfully owed to an employee. It can take various forms, such as failure to pay overtime, minimum wage violations, and not giving an employee their last paycheck.
Non-Disclosure Agreement (NDA)
A legally binding contract that establishes a confidential relationship. The parties to the agreement agree that sensitive information they obtain will not be made available to any others.
Trade Union
An organized association of workers formed to protect and further their rights and interests; also known as a labor union.
Vicarious Liability
A legal principle where an employer is held responsible for the actions or omissions of their employees performed in the course of employment.
Fair Labor Standards Act (FLSA)
A federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
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