employment law

401(k)

401(k) plans (also just called 401k) are types of retirement plans that an employer sponsors which allows employees to defer taxes. 401k plans originate from the Internal Revenue Code (IRC) section 401(k) which allows contributions to these...

ABC test

The ABC test is 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...

able to work

The definition of “able to work” is defined as capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.

See, e.g., International Union, et al. v...

abuse

Abuse is an action that intentionally causes harm or injures another person. This can refer to physical abuse, psychological abuse, mental abuse, or child abuse (see below).

Abuse is also to misuse something - e.g., abuse...

abusive discharge

Abusive discharge is a terminated employee’s claim that their termination 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....

accommodation

An accommodation is a means of providing assistance or convenience for a person, and the practice of modifying objects and situations to the benefit or needs of another person. Originally, accommodation meant a loan or other financial favor....

ADA

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities. It was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is also falls under the...

ADEA

The Age Discrimination in Employment Act (ADEA) was issued in 1967 and signed into law by President Lyndon B. Johnson and prohibits discrimination on the basis of age. While the Act permits certain age distinctions, it prohibits...

administrative law judge (ALJ)

Administrative law judges (ALJ) (not administrative judges) are executive judges for official and unofficial hearings of administrative disputes in the Federal government. Because they only hear administrative law issues as designated in the...

agency shop

An agency shop is a place of employment in which full membership in a union is not required, but the union acts as an agent for the employees. Both union members and non-union members must pay periodic union dues and initiation fees whether...

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