Comparable value. A legal concept that persons engaged in similar activities of similar value to those of the employer should be remunerated equally, regardless of gender. Created by FindLaw`s team of writers and legal writers| Last updated: 20 June 2016 However, no factor determines what an employee is, including the labels used by the parties. Even if an employment contract states that an employee is an independent contractor, the employee can be classified as an employee based on an analysis of the overall work tasks and the relationship between the parties. In other words, what the parties call a relationship is just one factor to consider. For example, even if an employee signs an agreement called an “Independent Contractor Agreement,” whether or not they can exercise control over how they do their job depends on whether they are an independent contractor. However, because these definitions are somewhat vague, the courts have developed various factors in determining whether an employee is an employee. These include the degree of control exercised by the employer, the employee`s investment in the business, the profit and loss opportunities available to the employee, the skills and initiatives required, and the sustainability of the relationship. The terms of this Settlement Agreement remain confidential by the Parties until accepted by the Hearing Body and forever if, for any reason, this Settlement Agreement is not accepted by the Hearing Panel, unless the written consent of the Respondent and staff has been obtained or is required by law.
Informer. Term for an employee who “whistles” an employer, that is, who reports to the authorities the illegal act or practice of an employer. Whistleblowers are entitled to a number of protections under federal and state law. Learn more about FindLaw`s newsletters, including our Terms of Use and Privacy Policy. Construction discharge. A type of termination of the employment relationship in which the employee resigns, but the employer is liable as if an illegal dismissal had occurred because the employee was forced to resign due to unreasonable working conditions. Additional payment. A type of damages in a class action lawsuit that represents the amount of money the employee would have earned if the employee had not been terminated or illegally denied a promotion. Consolidated Omnibus Budget Reconciliation Act (“COBRA”). A federal law requiring employers to allow employees to maintain their health insurance coverage after termination in the same insurance group, at the group rate, and to provide the same benefits.
Employee Stock Ownership Plan (“ESOP”). A benefit provided by the employer that allows employees to purchase shares of the company on certain favorable terms. Attenuation. An act by a worker that reduces the amount of harm resulting from an illegal employment practice, i.e. obtaining a new job as a result of an unjustified dismissal. n. a person who is hired for wages, salaries, honoraria or payment to perform work for an employer. In agency law, the employee is designated as an agent and the employer as the client. This is important in determining whether a person is acting as an employee if they are injured (for workers` compensation) or if they cause harm to another person, making the employer liable for damages caused to the injured party. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Americans with Disabilities Act (“ADA”). A federal law that protects workers from discrimination based on disability and requires employers to provide “reasonable accommodation” for their employees` disabilities.
1. All employees who work for a company. 2. Employees who work under the direction of a specific supervisor. 3. Act of a position in a company. Hostile work environment. A work environment so accused of harassment or similar undesirable behavior that it interferes with the ability to do its job and allegedly violates anti-discrimination laws.
Cafeteria plan. A type of job performance plan in which the employee selects benefits from a “menu” up to a specified amount. Non-compete obligation. A contract (or part of a contract) in which an employee agrees not to work for a competing employer (or not to form a competing business) during or for a specified period after employment with the employer. The relationship between an employee and an employer is a central relationship in most people`s lives. But what is an employee? It turns out that whether a person is an employee or not depends on a number of factors. This includes the agreement between the employee and the employer, the facts surrounding the respective workplace and the impugned law. Telecommuting.
Work from home or elsewhere away from the office using technologies such as phones and computers. A typical definition of employee that you may see in a dictionary is a person who works for another person or for a company for salary or salary. Depending on the law, the definition of who is an employee can be more complicated. Sexual harassment. “Quid pro quo” harassment is an unwanted sexual advance by an employer or supervisor that becomes a condition of the employee`s employment or poses a threat to the employee`s continued employment. A harassment lawsuit in a “hostile work environment” can occur when the presence of degrading or sexual photos, jokes, threats, or the general atmosphere is so pervasive that it creates an intimidating and abusive work environment. Overtime pay. A higher rate of pay (usually 1.5 or 2 times the regular hourly rate) An employer is required to pay employees who work more than a certain number of hours in a day or week. Age Discrimination in Employment Act (ADEA). A federal law that protects older workers from age discrimination. Under traditional common law, an employee is an employee if the employer has the right to monitor the employee`s progress, details and work methods.