employment law

Definition

A "salaried . . . employee who is among the highest paid 10 percent of all the employees employed by [an] employer within 75 miles of the employee's worksite." 29 C.F.R. § 825.217.

Definition

A federal statute (46 U.S.C. § 688) that extends the Federal Employer’s Liability Act (FELA) to seamen. The Act enables seamen who have been injured at sea during the course of their employment to bring a personal injury action against their employers.

Under the Jones Act, the plaintiff may bring an action in federal district court or in state court.
The defendant is not entitled to remove the case from a state court to federal court.

Definition

A health care delivery system where the provider offers a participant a comprehensive range of health services for a fixed premium. The recipient agrees to use only these services (except in cases of emergency) and thereby obtains a broader set of benefits at less cost.

Illustrative caselaw

Definition

An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review and modification by agency heads. Also termed hearing examiner; hearing officer; and trial examiner.

Definition

A fired employee's claim that the firing breached some public policy of the state.  Abusive discharge claims are often brought when no claim for breach of contract or violation of a statute can be alleged.  Instead of relying on an employment contract or an express statute that would prohibit termination, the employee attempts to show that the firing violated a general public policy espoused by the state. 

See also

• Wrongful termination (compare).

Definition

A type of savings account made possible by federal law.  By creating a financial plan under 26 U.S.C. 401(k), employers can help their workers save for retirement while reducing taxable income.  Workers can choose to deposit part of their earnings into a 401(k) account on a pre-tax basis.  Furthermore, interest earned on money in a 401(k) account is never taxed before funds are withdrawn.

Definition

Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury. 

Illustrative caselaw

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (1991).

Definition

A test used in some states to determine whether a person is an employee or an independent contractor for the purpose of determining state unemployment tax.  

Some courts using this test look at whether a worker meets three separate criteria to be considered an independent contractor: