Employment Law Terms

Employment Law Terms (L-M)

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:

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“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.

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“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.