There is a huge array of employment law topics, but what does each topic/word/phrase stand for? Thus, let's enrich your legal vocabulary in employment law.
Age Discrimination in Employment Act (ADEA): Federal law that protects against employment discrimination on the basis of age (age 40 and older).
Americans with Disabilities Act (ADA): Federal regulations that protect against employment discrimination on the basis of a disability and requires employers to provide reasonable accommodations. The general intent of the wide-ranging law is to make society as accessible as possible for people with disabilities.
Arbitration: The resolution of a dispute by an impartial person (e.g., arbitrator) selected by the two parties in the dispute. In labor law, arbitration has become an important means of settling disputes.
Arbitration Clause: A clause in a contract providing those disputes arising from the contract will be resolved by arbitration.
At-will employment: A type of employee/employer relationship in which there is no contractual agreement for length of employment. The employment relationship may end at any time with or without reason. Most employee/employer relationships in California are at-will employment.
Bargaining Unit: The labor union or other group that represents employees in a collective bargaining.
Collective Bargaining: The process of settling labor disputes by negotiation between the employer and representatives of employees.
Constructive Discharge: A type of ending to an employee/er relationship wherein the employee resigns and later asserts that the resignation was a result of intolerable working conditions; the employer would be liable for wrongful termination.
Damages: Monetary compensation that the law awards to one who has been injured by the action of another.
Deposition: The process of taking oral sworn evidence.
Disability: A physical or mental impairment that affects a person's ability to perform one or more major life activity.
Discrimination: The inequitable treatment of similarly situated persons. In California, discrimination on the basis of race, color, ancestry, national origin, religion, creed, age (40 and over), disability (mental or physical), sex, gender, sexual orientation, gender identity/expression, genetic information, marital status, and military or veteran status is prohibited.
Emotional Distress: An extreme emotional reaction resulting from another’s wrongful act.
Employment Retirement Income Security Act of 1974 [ERISA]: Federal legislation that sets minimum standards for most retirement and health plans in private sectors.
Equal Employment Opportunity Commission [EEOC]: Created by Title VII to implement equal opportunity policy by working with local agencies. The commission enforces any violations of anti-discrimination laws.
Equal Pay Act of 1963: An Act that prohibits employers from paying different wages based on gender (male or female) to individuals who perform essentially the same work under similar conditions.
Equal Opportunity: A term signifying an employer’s use of employment practices that do not discriminate on the basis of race, color, religion, sex, or national origin.
Family Medical Leave Act (FMLA): Federal law that requires certain employers to provide certain employees time off to care for their own and their family member’s illness. This law also includes time off for new parents.
Hostile Work Environment: A workplace environment that is intolerable due to harassment or similar unwanted conduct based on race, sex, pregnancy, national origin, age, disability or genetics that affects one’s ability to perform their job.
Injury: An infringement of a person’s rights, reputation, or property that results in legal damages.
Labor Organization [Union]: The organization of workers to advance fair labor practices. An association of workers who negotiate with employers regarding terms of employment and labor disputes.
Liability: A legal duty to do or refrain from doing something, includes performance of the terms of an agreement or payment of money. Failure or neglect of such duty may result in damages.
Mediation: A method of settling disputes outside of court with the assistance of a neutral third party (mediator) who acts as a link between the parties. This is like arbitration, but it is not binding.
Minimum Wage: Minimum hourly wages an employer must compensate employees as required by law.
National Labor Relations Act: Comprehensive federal law that encourages employees right to organize and prohibits the denial of such right.
National Labor Relations Board [NLRB]: An independent agency created by Congress that oversees relationships between unions and employees. The Board has the power to adjudicate claims before it to enforce its judgements in federal court.
Occupational Safety and Health Act [OSHA]: A law passed by Congress in 1970 for the purpose of preventing employees from being injured or contracting illness in the course of employment. Enforcement and regulation of laws under OSHA are
Overtime Compensation: Mandated wage requirements for employees who work more than 8 hours per shift or 40 hours per week.
Release: A written document in which a person waives some claim, right, or interest against a person who a claim, right, or interest could be asserted.
Seasonal: Relating to a particular time of year; seasonal employment is only performed during certain periods of the year.
Sick pay: Compensation received by employees while away from a job due to illness, injury, or disability.
Whistleblower: A term used for individuals who “blow the whistle” on a person’s or company’s illicit activity. There are several whistleblower protections.
Wrongful Act: Any act that in the ordinary course will infringe upon the rights of another to his or her damage unless the act is done in the exercise of an equal or superior right.