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Definition
Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. |
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An Agency relationship is:
· [T]he fiduciary relation which results from the manifestation of consent by one person to another that the other person shallact in his behalf and is subject to his control; and consent by the other so to act. |
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| American Recovery and Reinvestment Act |
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Definition
The American Recovery and Reinvestment Act of 2009 (ARRA) (Pub.L. 111–5), commonly referred to as the Stimulus or The Recovery Act, was an economic stimulus package enacted by the 111th United States Congress in February 2009 and signed into law on February 17, 2009, by President Barack Obama.
To respond to the Great Recession, the primary objective for ARRA was to save and create jobs almost immediately. Secondary objectives were to provide temporary relief programs for those most impacted by the recession and invest in infrastructure, education, health, and renewable energy. The approximate cost of the economic stimulus package was estimated to be $787 billion at the time of passage, later revised to $831 billion between 2009 and 2019.[1] The Act included direct spending in infrastructure, education, health, and energy, federal tax incentives, and expansion of unemployment benefits and other social welfare provisions. It also created the President's Economic Recovery Advisory Board. |
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| Consolidated omnibus budget reconcilation act |
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Definition
| The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan. |
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| A tort, in common law jurisdictions, is a civil wrong[1] which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. |
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| In United States employment law, the doctrine of disparate impact holds that employment practices may be considered discriminatory and illegal if they have a disproportionate "adverse impact" on members of a minority group. Under the doctrine, a violation of Title VII of the 1964 Civil Rights Act may be proven by showing that an employment practice or policy has a disproportionately adverse effect on members of the protected class as compared with non-members of the protected class.[1] |
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| Employee workplace privacy rights are virtually nonexistent in private-sector employment. That's because up to 92% of private-sector employers conduct some type of electronic surveillance on their employees, according to estimates. Most may do so even without the consent or knowledge of their employees. |
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| Employer reitrment income securities act |
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Definition
The Employee Retirement Income Security Act of 1974 (ERISA) (Pub.L. 93–406, 88 Stat. 829, enacted September 2, 1974, codified in part at 29 U.S.C. ch. 18) is a federal law that establishes minimum standards for pension plans in private industry and provides for extensive rules on the federal income tax effects of transactions associated with employee benefit plans. ERISA was enacted to protect the interests of employee benefit plan participants and their beneficiaries by:
- Requiring the disclosure of financial and other information concerning the plan to beneficiaries;
- Establishing standards of conduct for plan fiduciaries;
- Providing for appropriate remedies and access to the federal courts
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removed. (September 2011)
In United States labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act (NLRA) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB). |
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Definition
| A written employment contract is a document that you and your employee sign setting forth the terms of your relationship. You don't have to enter into a written contract with every employee you hire. In fact, written employment contracts are generally the exception, rather than the rule. In some situations, however, it makes good sense to ask an employee to sign a contract. |
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| Employment at will doctrine |
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Definition
| At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning.[1] When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning.[2] In contrast, the practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.[3] |
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Definition
| Private Sector Enforcement Program: Providing quality services that are fair and prompt for both employees and employers in our administrative processing system is vital to our mission. In FY 2009, we received 93,277 private sector charges of discrimination. We also received 2,728 charges through net transfers from state and local Fair Employment Practices Agencies (FEPAs). We achieved 85,980 resolutions, with a merit factor resolution rate of 20.3%. (Merit factor resolutions include mediation and other settlements and cause findings, which, if not successfully conciliated, are considered for litigation.) Through our administrative enforcement activities, we also secured more than $294.2 million in monetary benefits. Overall, we secured both monetary and non-monetary benefits for more than 17,491people through our charge processing. We had a pending inventory of 85,768 charges at the end of the fiscal year. [See Enforcement and Litigation Statistics] |
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Definition
| Executive Order 11246, signed by President Lyndon B. Johnson on September 24, 1965, established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors. It "prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin."[1] It also requires contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin." The phrase "affirmative action" had appeared previously in Executive Order 10925 in 1961. |
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Term
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Definition
| The Fair Labor Standards Act of 1938[1] (abbreviated as FLSA; also referred to as the Wages and Hours Bill[2]) is a federal statute of the United States. The FLSA introduced a maximum 44-hour seven-day workweek,[3] established a national minimum wage,[4] guaranteed "time-and-a-half" for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor", a term that is defined in the statute.[5][6] It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce,[7] unless the employer can claim an exemption from coverage. |
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Term
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Definition
| The Fair Labor Standards Act of 1938[1] (abbreviated as FLSA; also referred to as the Wages and Hours Bill[2]) is a federal statute of the United States. The FLSA introduced a maximum 44-hour seven-day workweek,[3] established a national minimum wage,[4] guaranteed "time-and-a-half" for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor", a term that is defined in the statute.[5][6] It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce,[7] unless the employer can claim an exemption from coverage. |
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| Personal responsibility and welfare reconciliation act |
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Definition
| The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is a United States federal law considered to be a fundamental shift in both the method and goal of federal cash assistance to the poor. The bill added a workforce development component to welfare legislation, encouraging employment among the poor. The bill was a cornerstone of the Republican Contract with America and was introduced by Rep. E. Clay Shaw, Jr. (R-FL-22). Bill Clinton signed PRWORA into law on August 22, 1996, fulfilling his 1992 campaign promise to "end welfare as we have come to know it".[1] |
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