employment law

Employment Law

A.  Retaliation Links

1. Title VII Retaliation For Hostile Work Environment

2. EEOC: Retaliation: Types of Discrimination

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).

A place of employment designed and managed to accommodate the needs of people with disabilities.

Definition

Definition

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

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

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.

The Merchant Marine Act of 1920, known as the Jones Act, is a federal statute establishing support for the development and maintenance of a merchant marine in order to support commercial activity and serve as a naval auxiliary in times of war or national emergency (See 46 USC § 50101). 

The statute, among other things, requires shipping between US ports to be conducted by US-flag ships. (46 USC § 50102.)

Definition

Illustrative caselaw

 

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.

 

 

See, e.g.