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labor and employment law

Termination

An ending of employment (such as a layoff) that is not a voluntary resignation.

Progressive discipline

A process for dealing with employee behavior and performance that involves higher and higher levels of discipline when an employee's performance fails to improve after the employer gives the employee notice. This typically including a verbal warning. After the initial warning, the employee typically is given at least one warning before termination.

Probationary period

In some jobs (ie. public sector or union positions), refers to the period of time that an individual must work before that person will acquire full rights.

Davis-Bacon Act

A federal law that regulates prevailing wage rates on public works projects.

 

 

Fair Labor Standards Act

A federal statute that regulates hours, wages, and working conditions of employees and also child labor.  It regulates minimum wage and the right to overtime pay.  It also prohibits oppressive child labor.  

 

http://www.law.cornell.edu/uscode/29/usc_sup_01_29_10_8.html

Family and Medical Leave Act (1993)

A federal statute that requires employers with a certain number of employees to allow their employees to take leave under certain circumstances.

See  www.law.cornell.edu/uscode/29/usc_sup_01_29_10_28.html

Front pay

Lost include in the future.  Measured from the trial date onward.

See back pay.

COBRA

Refers to the Consolidated Omnibus Budget Reconciliation Act of 1985 (also known as the Consolidated Omnibus Budget Reconciliation Act of 1986).  A federal statute that allow a person to continue their health insurance coverage past the date upon which they have been terminated from employment.

Claim for relief

A legal theory (in other words a legal argument based upon a particular set of facts) that one party puts forth in a pleading in court.

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