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Employment Law

Understanding Employment Law

Age Discrimination Act in Employment This act prohibits discrimination against applicants and employees 40 years of age and older throughout the employment process; applies to business with 20 or more employees
Agency Shop Employees are not required to join the union, yet they still must pay union dues
Americans with Disability Act Federal act that prohibits discrimination based on a person's disability if the person with the disability is able to perform the essential functions of the job requirements
Closed Shop Employees must join the union before being hired
Disparate Impact legal doctrine under the Fair Housing Act which states that a policy may be considered discriminatory if it has a disproportionate "adverse impact" against any group based on race, national origin, color... when there is no real, non-discriminatory
Employee Person who works for an employer for a wage, salary, payment or feem guided by an express or implied agreement
Employer Person or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee's activities
Employment Law Division of law that governs the relationship between employers and employees
Employment-at-will An employer or employee can terminate employment "at-will" for any reason or no reason without being liable for breach of contract
Express employment agreement A formal contract, either oral or written, that specifically states the terms and conditions of employment
Fair Labor Standards Act (Wage and Hour Act) Federal law that sets the minimum wage, overtime pay, and age requirement for certain types of employees
Family and Medical Leave Act This act provides eligible employees with unpaid, job-protected leave for certain family or medical conditions
Implied employment agreement An employment contract in which the terms and conditions may be inferred through actions, comments, promises, and employment practices of either the employer or employee
Independent contractor Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement; not subject to the control or supervision of an employer
North Carolina Department of Labor Promotes the general well-being, safety, and health of NC workers; enforces occupational and health standards, sets minimum wage and maximum hours, and conducts inspections
North Carolina Youth Employment Provisions of the Wage and Hour Act for Nonagricultural Occupations Law that established labor standards and labor guidelines for youth 17 years old and younger
Occupational Safety and Health Act Federal act that establishes and promotes workplace safety standards for businesses; employers should undertake specific precautions to ensure that the workplace is free of hazards
Open Shop Employees are not required to join the union or pay union dues
Right-to-Work-Law State law that prohibits employees from requiring employees to join a union or pay union dues as a condition of employment
Social Security Act Provides financial assistance to eligible workers and their dependents in the form of retirement, disability, and death benefits
The Civil Rights Act of 1991 The purpose of this act was to strengthen civil rights law, in particular disparate impact; employers must prove that their practices are based on job qualification
Title VII of the Civil Rights Act of 1964 This act prohibits employment agencies, employers, and unions from discrimination against applicants and employees on the basis of race, color, religion, national origin or sex
Unemployment Compensation Insurance program that provides temporary income for qualified individuals who are unemployed through no fault of their own
Union An organization of employees formed to ensure favorable work conditions, wages, work hours, benefits, and grievance procedures
Union Shop Non-union employees can be hired, but must join union within a certain amount of time
Workers' Compensation A government-regulated program that provides medical benefits and income to employees who are injured or who develop a disability or disease as a result of their job
Created by: ellabrotherton



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