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Employment Law
Understanding Employment Law
Term | Definition |
---|---|
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 |