Affirmative action involves steps taken to correct conditions resulting from past discrimination or from violations of laws, particularly with respect to employment.
Age discrimination refers to the denial of privileges and other unfair treatment of employees or job applicants based on their age. This is prohibited by federal law under the Age Discrimination in Employment Act (ADEA) of 1967.
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, such as jobs, schools, transportation, and all public and private places that are open to the general public.
Back pay refers to compensation owed to an employee for work performed in a previous pay period, typically resulting from payroll errors, disputes, or legal settlements.
A Bargaining Unit refers to a group of employees certified by the National Labor Relations Board (NLRB) to be represented by a union or bargaining agent. Legal constraints and guidelines govern the formation of these units.
A closed shop is an organization where workers are required to be members of a union before they can be hired. Due to legislation, closed shops are largely illegal.
COBRA is a federal law that allows employees and their families to continue their group health benefits even after losing their job or experiencing other qualifying events.
A covenant not to compete is a contractual promise to refrain from conducting business or professional activities similar to those of another party, found primarily in employment, partnership, or sale of a business contracts.
A disciplinary layoff is a suspension or temporary removal of a worker as a penalty for violating work rules on the job. This form of layoff entails the suspension of all salary payments during the layoff period.
Discrimination involves applying special treatment (generally unfavorable) to an individual solely on the basis of the person's ethnicity, age, religion, or sex.
Dues checkoff refers to the authorization by an employee for the employer to withhold union dues directly from their paycheck, demonstrating a cooperative relationship among the employer, employee, and union.
Conditions required to be covered by employee benefit plans such as pensions, under which minimum requirements, such as a certain number of years of service, must be met by an employee to qualify for benefits.
An employee is an individual who works for compensation, either direct or indirect, for an employer in return for stipulated services. Employees may be compensated hourly, daily, or annually. Employers have the right to control the work performed by their employees, including timing and means of accomplishing tasks.
Statutes specifying the extent to which employers shall be liable to make compensation for injuries sustained by their employees in the course of employment.
A formal agreement between employer and employee, stating the terms of employment in an organization. Employers are bound by Federal Affirmation Action laws not to discriminate.
The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee due to race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
An Equal Opportunity Employer is committed to providing egalitarian practices in hiring, promotion, and other employment practices by assessing applicants and employees without discrimination.
The Fair Labor Standards Act (FLSA) is a federal law enacted in 1938 that establishes minimum wage, overtime pay, and child labor standards in the United States.
The Family and Medical Leave Act (FMLA) is a U.S. federal law, administered by the Department of Labor, that mandates employers with 50 or more employees to provide unpaid, job-protected leave for specified family and medical reasons.
The Federal Unemployment Tax Act (FUTA) provides for federal unemployment insurance and is funded by employer contributions. Employers are required to pay a specific percentage of the first $7,000 in wages paid to each employee. Various credits can reduce the overall tax liability.
Gainful Employment or Occupation refers to employment that is suited to the ability of the employed individual, enabling them to earn an income. In the context of disability covered by insurance, it generally pertains to the insured individual's ordinary employment or other employment that approximates the same livelihood, considering their circumstances and physical and mental capabilities.
Industrial relations encompass the dealings and interactions of a company with its employees, labor unions, and governmental institutions, with a focus on promoting partnership, cooperation, and negotiated conflict resolution.
A leave of absence refers to a formally approved period during which an employee is permitted to take time off work without losing their job seniority or associated perks. It is often granted for specific purposes such as education, research, maternity/paternity leave, or personal health.
A requirement for union members to keep their membership for the duration of a labor agreement. Workers are not required to join unions under this arrangement.
Management prerogative, also known as management rights, refers to the rights believed by management to be exclusively theirs and not subject to bargaining in a collective bargaining contract.
A National Union is a complex organizational structure consisting of workers from various sectors within a country's economy, aimed at negotiating labor conditions and advocating for the rights of its members.
Overtime refers to the time worked by employees beyond their agreed normal working hours. For hourly or nonexempt employees, overtime is typically compensated at a higher rate, often one and one-half times their regular pay, for hours worked over 40 in a standard workweek.
Pattern bargaining is a negotiation strategy where individual employee unions and employers reach agreement on the basis of a collective bargaining settlement developed elsewhere. This can occur on a national or regional basis and can be initiated by either a union or an industry.
Perquisites of Office, also known as fringe benefits, refer to the advantages or benefits provided by an employer to an employee, which are above their regular wages or salary. When these benefits are used for personal or family purposes, they are taxable.
Preferential rehiring is a provision in Title VII of the 1964 Civil Rights Act that mandates companies to reinstate or hire employees with back pay in cases where illegal job discrimination has occurred, thereby aiming to 'make whole' the victims of such discrimination.
An amendment to Title VII of the Civil Rights Act of 1964 that makes discrimination based on pregnancy, childbirth, or related medical conditions unlawful. Women who are pregnant must be treated similarly to other job applicants or employees with similar abilities or limitations.
Premises are commonly understood as land and its appurtenances, including structures thereon. The term also refers to any place where an employee may go in the course of his employment for purposes of Workers' Compensation.
The sum that an employee dismissed due to redundancy is entitled to receive from his or her employer under the Employment Rights Act 1996. It is based on the employee's age, years of continuous employment, and weekly pay.
A reopener clause is a contractual provision that allows for the renegotiation of specific terms in a collective bargaining agreement before its expiration under certain conditions.
Reverse discrimination is a condition occurring when an employer illegally favors the hiring and promotion of protected groups of minorities and women while excluding other candidates from consideration.
Right-to-Work Laws are statutes that prohibit agreements between labor unions and employers that make union membership, dues, or fees a condition of employment, as permitted by Section 14(b) of the Taft-Hartley Act.
The separation of service refers to the action of an employee severing their connection with an employer, which may occur through resignation, termination, retirement, or layoff.
A service contract is a legally binding agreement between an employer and a director or other very senior employee, outlining terms of employment, responsibilities, and protections for both parties.
Sexual harassment refers to unwelcome and often intimidating verbal or physical sexual advances. It often carries threats of employment reprisals if such advances are refused and has been defined by federal government and courts as illegal employment discrimination.
Standard termination refers to the process by which a defined benefit pension plan is voluntarily ended by an employer following specific regulatory guidelines.
Straight time refers to the standard time or number of work hours established for a particular work period. An employee working straight time is not being paid overtime.
A suspension refers to a disciplinary action imposed on an employee for a specific period of time. It is less severe than discharge or dismissal, and the employee can resume their duties after the suspension period ends.
The Taft-Hartley Act, formally known as the Labor-Management Relations Act of 1947, aims to protect employers' rights to resist unionization and restrict union activities, imposing on unions many of the conditions for good faith bargaining previously imposed on management by earlier laws.
Termination benefits refer to those additional perks an employee receives when their employment ends at the employer's behest, including voluntary redundancy scenarios treated as employer-initiated terminations.
A 'Tour of Duty' can refer to either the duration of a specific military assignment or the scheduled work hours of an employee in a contiguous block of time.
A trade union, also known as a labor union, is an organization formed by workers to protect their rights, improve working conditions, secure better wages, and advocate for their interests through collective bargaining and various forms of negotiation with employers.
An unauthorized strike, also known as a wildcat strike, occurs when employees cease work without the authorization of their union or outside the terms of the collective bargaining agreement. These types of strikes are typically spontaneous and are not sanctioned by the union leadership.
A Union Contract, also known as a Labor Agreement, outlines the terms of employment between a company and its unionized workforce. These contracts typically include provisions related to wages, working hours, benefits, and other conditions of employment.
Vacation pay refers to the compensation provided to employees during their vacation leave. It can also include amounts paid even if the employee opts not to take a vacation.
A whistleblower is an employee who reports a violation of the law, typically within an organization, to authorities or the public. Whistleblowers play a crucial role in exposing illegal or unethical activities that harm the public trust.
Wrongful termination or discharge refers to an employee's legal action against a former employer, alleging that the dismissal violated federal or state anti-discrimination laws, public policy, an implied or actual employment contract, or an implied covenant of fair dealing and good faith.
A Yellow Dog Contract is an employment agreement that explicitly prohibits the employee from joining labor unions under the threat of dismissal. Although historically utilized, such contracts are now generally deemed illegal due to federal and state labor laws.
The physical area within which injuries to an employee are compensable by workers' compensation laws. It denotes the place of employment and surrounding areas, including the means of entrance and exit, that are under control of the employer.
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