Performance Management and the Law 230

active duty leave

An approved leave of absence to enable the servicemember's family to get FMLA time off to make the arrangements necessary for the servicemember's departure.

Age Discrimination in Employment Act

A Federal law that prohibits age-based discrimination of employees over 40 years of age.

Americans with Disabilities Act

A Federal law that provides opportunities in the workplace for qualified individuals with a disability. Under the ADA an employer cannot discriminate against disabled persons in decisions related to hiring, firing, training, promotions, pay, benefits, or leave.

at will

An employment relationship in which the employer or the employee can terminate employment at any time for any reason, as long as the termination is consistent with company policy and does not violate any Federal or state law. Most private sector employees are employed at will.

binding arbitration

A negotiation between union and management in which both parties agree to allow an objective third party to resolve the dispute.

caregiver leave

A leave granted under the FMLA for an employee to care for a related servicemember who is ill or injured due to active duty.

child labor

The employment of children who are under the legal age as defined by the FLSA.

Civil Rights Act

A body of Federal laws that protects the rights of different groups of people. Title VII is the part of the act that prohibits employment discrimination.

collective bargaining agreement

A series of negotiations between the union and the employer that results in a contract establishing the wages, hours, and other employment conditions for the employees represented by the union.

Common Law

A type of law that has evolved over a long period of time and is based on usage and customs.

employment agency

A third party company that assigns workers to employers that have temporary job openings.

employment discrimination

The practice of using an individual's race, color, national origin, sex, or religion to make employment decisions related to hiring, firing, compensation, evaluations, promotions, and training.

employment law

The area of law that covers all aspects of employer and employee relationships except the negotiation process covered by labor law and collective bargaining. Most employment laws were established to protect the rights of employees.

Equal Employment Opportunity Commission

A government agency that enforces the provisions of Title VII, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

essential function

A primary job duty for which the position exists to perform.

Fair Labor Standards Act

A Federal law that regulates the minimum wages and overtime compensation paid to employees. It also enforces child labor laws.

Family and Medical Leave Act

A Federal law that enables employees to take long-term leaves of absence from work to care for a family member or for a serious health condition of their own.

full time employee

A person who works a full schedule as defined by the company, receives the benefits for full time employees, and is covered by employment laws. Referring to an employee as full time rather than permanent lessens the implication that the employee position cannot be eliminated.

harassment

Unwelcome conduct that unreasonably interferes with work performance or creates an environment that is intimidating, hostile, or offensive to the employee.

hourly non-exempt

Employees who are paid by the hour and are covered by FLSA rules and regulations.

independent contractor

A person who is paid to do work for a company but does not have an employment relationship with that company. Typically independent contractors set their own hours, work offsite, and furnish their own tools and training.

IRS

Internal Revenue Service. The branch of the U.S. government that collects taxes and interprets tax laws.

major life activities

Functions required to live a normal lifestyle. Seeing, hearing, breathing, speaking, and walking are considered major life activities.

mediation

A form of dispute resolution using an objective third party to assist the employer and employee in resolving issues. Mediation is a faster and more effective way of reaching an agreement than litigation.

minor

A person who is below the legal age. In most states, a minor is a person who is under 18 years of age.

National Labor Relations Act

A Federal law that gives employees the right to form or join unions and engage in collective bargaining with employers.

National Labor Relations Board

A government agency that enforces the terms of the National Labor Relations Act. When an unfair labor practice charge is files, it is investigated by the NLRB.

Occupational Safety and Health Administration

A government agency dedicated to reducing injuries, illnesses, and deaths in the workplace.

overtime pay

Payment for hours worked beyond a standard work week of 40 hours. The rate of overtime pay is one-and-a-half times the worker's normal rate of pay.

private sector employee

A person who works for any non-governmental organization.

qualified individual with a disability

A person with a disability who, with or without reasonable accommodation, can perform the essential functions of the job.

reasonable accommodation

Changes made within the workplace to assist disabled workers in doing their jobs.

salaried exempt

Employees who are paid a salary and are not covered by FLSA rules and regulations.

salaried non-exempt

Employees who are paid a salary and are covered by FLSA rules and regulations.

self-employed

A person who works on his or her own and creates his or her own income.

temporary employee

A person who is employed through a third party such as an employment agency. The worker's primary relationship is with the agency, not the employer.

TIPS

Threats, Interrogation, Promises, Spying. A mnemonic for employer conduct that violates the National Labor Relations Act.

Title VII

The part of the Civil Rights Act that prohibits employment discrimination based on race, color, national origin, sex, and religion.

U.S. Department of Labor

A government agency that fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, and protecting their retirement and health care benefits.

unfair labor practice

A violation of labor law of the National Labor Relations Act.

union employee

A worker whose wages, hours, and work conditions are negotiated through collective bargaining between the union and the employer.

Wage and Hour Division

An agency of the U.S. Department of Labor that enforces the provisions of the FLSA.

Worker Adjustment and Retraining Notification Act

A Federal law that requires employers to give employees 60 days advance notice of mass layoff and plant closings.