Employment Law Terms
Employment Law Terms, Employment Law Massachusetts
Civil Rights
A Civil Right is a legal right or privilege under the Constitution of the United States. Civil rights include:
- Freedom of Speech
- Freedom of the Press
- Freedom of Assembly
- The Right to Vote
- Freedom from Involuntary Servitude,
- Right to equality in public places
Certain groups and classes are protected by civil rights laws preventing discrimination based on race, sex, age, religion, previous condition of servitude, physical limitation, national origin and in some instances, sexual preference. (Summarized from Wex Law)
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Collective Bargaining
Discussion between an employer and union representatives as a group over wages, hours and working conditions. The result of Collective Bargaining procedures is a Collective Agreement. Employees are often represented in bargaining by a union or other labor organization. Collective Bargaining is governed by federal and state statutory laws, administrative agency regulations, and judicial decisions.
The main body of law governing collective bargaining is the National Labor
Relations Act (NLRA). It explicitly grants employees the right to collectively
bargain and join trade unions. (Wex Law)
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Employment Law
Employment Law includes all areas of the employer and employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation. (Wex Law)
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Employment Discrimination
Employment Discrimination law composed of federal and state statutes provides legal protection against Discrimination based on race, sex, religion, national origin, physical disability, and age by employers.
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. (Wex Law)
Discriminatory practices include:
- Bias in Hiring
- Bias in Promotion
- Bias in Job Assignment
- Bias in Termination
- Bias in Compensation
- Harassment
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Unemployment Insurance
Unemployment insurance provides employees with pay when they are terminated from their jobs through no fault of their own. The payment of Unemployment Compensation is meant to give the unemployed worker time to find a new job comparable to the one lost without financial distress. (Wex Law)
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Pensions
A pension is a retirement plan intended to provide a person with a secure income for life. Although a lottery may provide a pension, the common use of the term is to describe the payments a person receives upon retirement. (Wikopedia)
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Sexual Harassment
Sexual harassment is defined as "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual; (3) such conduct has the purpose or effect."
Labor Laws
Labor law consists of the body of laws, administrative rulings, and legal precedents addressing the employer and employee relationship, and that of labor organizations, often dealing with issues of public law. It is distinguished between employment law which deals only with employment contracts and issues regarding employment and workplace discrimination and other private law issues. (Wikopedia)
Labor Laws exist to equalize the power between
employers and employees. Dealing mostly with unionized employees
and employers, Labor Laws grant employees
the right to unionize. Labor Laws regulate employers and employees
activities such as strikes, picketing, injunctions, and lockouts.
(Wex Law)
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Workers Compensation
Workers' Compensation Laws help ensure that employees injured or disabled on the job receive payment so as to eliminate legal battles. Workers Compensation Laws provide benefits for families of those employees who are killed while working.
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Workplace Safety
Workplace Safety and health laws are geared to eliminate personal injuries and illnesses from occurring in the workplace. The laws consist primarily of federal and state statutes, but the main statute protecting the health and safety of workers in the workplace is the Occupational and Safety Health Act. (Wex Law)
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