employment law

Definition

A U.S. Supreme Court case in which the Court held that President Truman lacked either constitutional or statutory authority to seize the nation's strike-bound steel mills (the Court noted, however, that Congress would have had constitutional authority to do so). The President had ordered the Secretary of Commerce to take possession of and operate the mills in order to maintain steel production during the Korean War. 

Definition

An agreement between an employer and employee in which the employee agrees not to join or remain a member of a labor or employer organization. Yellow dog contracts are generally illegal. 

Illustrative caselaw

See, e.g. Lincoln Federal Labor Union No. 19129 v. Northwestern Iron & Metal Co., 335 U.S. 525 (1949).

Definition

A concerted action: (1) made in furtherance of an express common purpose; (2) through the use or threat of violence, disorder, or terror to the public; and (3) resulting in a disturbance of the peace. Under common law, the crime of riot requires the assemblage of three or more actors.

Definition

1) In general

Latin for "something for something." An exchange of acts or things of approximately equal value.

2) In employment law

Sexual harassment in which a boss conveys to an employee that he or she will base an employment decision, e.g. whether to hire, promote, or fire that employee, on the employee's satisfaction of a sexual demand. For example, it is quid pro quo sexual harassment for a boss to offer a raise in exchange for sex.

Definition

An abbreviation for qualified individual with a disability. See qualified individual with a disability.

Definition

See qualified retirement plan.

Definition

A retirement plan, such as a 401(k) plan, an employee annuity plan (26 U.S.C. § 403(a)), an individual retirement account (26 U.S.C. § 408(a)), or a governmental deferred compensation plan (26 U.S.C.

Definition

A term of art used as follows by the Americans with Disabilities Act:

1) Employment:

Definition: "[A]n individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8).

Definition

Under the Employee Retirement Income Security Act ("ERISA"), a judgment, decree, or order regarding child support, alimony, or marital property rights that assigns the right to receive all or part of the benefits payable under a pension plan and that is made pursuant to a state's domestic relations law. 29 U.S.C. § 1056(d)(3).

Definition

An abbreviation for qualified domestic relations order. See qualified domestic relations order.