This is the first 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.
A
“ADA”: The federal Americans with Disabilities Act. This law prohibits employers with 15 or more employees from discriminating against employees based on disability.
“ADEA”: The federal Age Discrimination in Employment Act. This law prohibits employers with 20 or more employees from discriminating against employees 40 years old or older on the basis of age.
“Affirmative Action”: A requirement that an employer take proactive steps to improve the diversity of its workforce. This typically only applies to companies with government grants or contracts.
“ALJ”: An Administrative Law Judge. Many different state and federal administrative agencies use these judges to preside over hearings.
“Arbitration”: An alternative dispute resolution process where a neutral arbitrator decides the outcome. This is the common final step in grievance procedures between employers and unions. Individual employees can also agree to substitute arbitration for court litigation.
“Arbitrator”: The decision-maker in arbitrations. The parties usually mutually select the arbitrator(s) to avoid bias and partiality.
“At-will”: Most employees have at-will employment. This means that both they and their employer can terminate the employment at any time, for any reason, with or without notice. (But this doesn’t really mean employers can fire employees for any reason. See, for example, my post on responding to employment discrimination complaints.)
B
“Back Pay”: A common remedy for violations of employment law. Employees who prove illegal termination often recover lost wages and benefits going back to the date of termination.
“Ban-the-box”: Laws that prohibit employers from asking job applicants whether they have been convicted of a crime early in the hiring process. Check out this post for more on ban-the-box laws in major New York cities.
“Bargaining Unit”: The group of employees represented by a union for the purpose of negotiating terms and conditions of employment with their employer. Some employers have multiple bargaining units in the same facility.
C
“CBA”: A collective bargaining agreement. This is a common term for the contract between an employer and union regarding the terms and conditions of employment.
“COBRA”: The Consolidated Omnibus Budget Reconciliation Act of 1985. The name doesn’t really help here. . . . (Not this or this.) This is the federal law that permits employees to continue health insurance (at their own cost) for a period of time after leaving a job. It applies to employers with 20 or more employees. However, some states, including New York, have similar laws that cover smaller employers.
“Concerted Activity”: When employees work together regarding terms and conditions of employment. In most industries, the National Labor Relations Act protects non-supervisory employees’ right to engage in concerted activity for their mutual aid and protection.
“Constructive Discharge”: The term for what happens when an employer permits working conditions so intolerable that an employee has no choice but to quit. This usually involves ongoing or extreme harassment that violates employment discrimination laws.
“Continuing Violation”: When harassment or discrimination occurs over a period of time rather than as isolated incidents. A continuing violation can extend the period of time that an employee has to make a legal complaint of discrimination.
More Employment Law Terms Coming Soon
Stay tuned for the next installment of employment law terms: D-?
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