This is the fifth post in a series discussing some basic employment law terms. I hope this will help employers better understand the words that frequently come up in employment law. If there’s a term you’re wondering about that isn’t discussed here, let me know.
Here are links to the previous installments if you missed them:
- Employment Law Terms (A-C)
- Employment Law Terms (D-E)
- Employment Law Terms (F-H)
- Employment Law Terms (I-K)
L
“Labor organization”: An entity organized to engage with employers on behalf of employees about terms and conditions of employment. Includes, but is not technically limited to, labor unions.
“Layoff”: A reduction in the workforce based on economic or strategic business considerations. Labor attorneys usually distinguish between layoffs (temporary) and terminations (permanent).
“Lockout”: When an employer prevents employees from working, usually as a result of a labor dispute. The company’s counterpart to a strike by employees.
M
“Management rights”: Decisionmaking discretion reserved by the employer in its relationship with a labor organization. Usually applies to areas such as hiring, assigning, directing, and disciplining (with just cause) the workforce.
“Mandatory subject of bargaining”: Areas that employers and unions are required to bargain over if raised by the other side. Includes wages, hours, and other terms and conditions of employment.
“Mass layoff”: An event involving long-term loss of employment by a significant number of employees. Where enough employees are involved, advance notice may be required under federal and/or state Worker Adjustment and Retraining Notification (WARN) Acts.
“Meal period”: Time employees have off during the middle of their work shift to eat and rest. Usually governed by state law, a collective bargaining agreement, or employer policies.
“Mediation”: A dispute resolution procedure where a neutral mediator attempts to persuade the parties to resolve their disputes with a mutually acceptable outcome. Mediation can occur during collective bargaining, grievance resolution, and litigation.
“Minimum wage”: The lowest rate that employers may pay non-exempt employees. Can vary between federal and state, or even local laws. Employers have to pay at least the highest applicable minimum wage to all employees.
“Misconduct”: Inappropriate behavior by an employee, usually in breach of a work rule or other stated or understood standard of conduct.
“Misclassification”: When an employer improperly treats an employee as an independent contractor or as exempt from overtime requirements. Either form of misclassification can result in significant liability to an employer.
“Mitigation”: Action by an employee that reduces the amount of damages recoverable from an employment discrimination claim. Employees usually have a duty to mitigate their damages, such as by seeking alternative employment.
More Employment Law Terms Coming Soon
Stay tuned for the next installment of employment law terms: N-?
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If you think I’m missing any employment law terms that should be included above, please email me to let me know.