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employment law
understanding employment law
| Term | Definition |
|---|---|
| Age Discrimination Act in Employment | prohibits discrimination against employees/applicants 40 years or older. only applied to businesses with 20 or more employees |
| Agency Shop | employees are not required to join the union, yet they must pay union dues |
| Americans with disability Act | Federal act that prohibits discrimination based on a persons 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 a policy may be considered discriminatory if it has disproportionate “adverse impact” against a group based on race, national origin, color, religion, sex, familial status, or disability |
| Employee | a person who works for a payment and is guided by an expressed or implied agreement |
| Employer | person or company who pays a person for a wage, salary, payment of fee in exchange for supervising the employees activites |
| Employment law | Division of law that governs the relationship between employers and employees. Employment law stems from various forms of law including tort, criminal, contract, and labor law |
| 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 states the terms and conditions of employment |
| Fair labor act | Federal law sets a minimum wage, overtime pay, and age requirements for certain types of employees does not apply to professional workers, executives, administrative, and outside sales employees |
| Family and medical leave Act | unpaid job protected leave for family or medical conditions such as birth/adoption or diagnosed with a serious health condition |
| Implied Employment agreement | an employment contract in which the terms and conditions may be inferred through the actions, comments, promises, and employment practices of either the employer or employee |
| independent contractor | person who works for an employer but not subject to the control or supervision of an employer |
| North Carolina department of labor | Promotes general wellbeing, safety, and health of NC workers through enforcing occupational and health standards, minimum wage, maximum hours, apprentice program for skilled trades, and inspections of mines, boilers, elevators, rides, and quarries |
| North Carolina Youth Employment Provisions of the Wage and Hour Act foe Non Agricultural Occupations | law establishes labor standards and guidelines for youth 17 years old and younger, in general children of any age are permitted to work for business owned by parents |
| Occupational safety and Health Act | employers should undertake specific precautions to ensure that the workplace if free of hazards that would lead to harm, permanent injury or death |
| 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 Airline and railway employees are not protected by this law |
| Social Security Act | Federal insurance program funded by the tax contributions of employees and employers provides retirement, disability, and death benefits |
| The civil rights act of 1991 | strengthen civil rights law, happens when a seemingly fair practise has a negative impact on a protected class |
| Title VII of the Civil Rights Act of 1964 | no discrimination against 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:
Snholene
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