Glossary of Employment Law Terms

Get knowledgeable on the employment law terms below. Knowledge is power. Know your rights and get familiar with the employment law definitions below. Discover the meaning of employee, employer, essential job function, executive employee, except employee, implied employment contract, overtime, plan document, professional employee, safety sensitive position, supervisor and termination.

provided by: 

employee- Someone who performs work for another person or company.

employer- A person or company who hires someone to perform work.

essential job function- "Essential job functions" are normally important duties of a job, but not the duties that are only secondary. An employee must be able to perform a position's essential job functions, with or without a reasonable accommodation, in order to be covered by the federal Americans with Disabilities Act ("ADA").

executive employee- An employee who is exempt from federal laws requiring overtime pay because she makes at least $250 per week, and regularly directs the work of at least two full time employees, and whose main responsibilities include "managing" the company, a subdivision of the company, or an entire department.

exempt employee- A worker who does not have the right to overtime pay.

implied employment contract- An employment contract between an employer and employee that is not written or even verbal, but rather "implied" from the circumstances of the worker's position. There are many factors that may prove that a worker has created an "implied" contract, including: 1) long term employment (the longer the worker is on the job, the better his claim), 2) promises of future employment (such as "as long as you do a good job, you can expect to keep your job"), 3) good performance reviews, 4) promotions, and 5) policies or employee manuals that state that the worker will be given "progressive discipline" (such as a letter of warning, followed by a suspension, etc.) rather than immediate discharge if the worker has problems at work.

overtime- Hours worked in excess of 40 in a week. Under federal law, overtime hours generally should be paid at the rate of one and a half (1 � ) times a worker's regular rate of pay.

plan document - A detailed written description of the terms and conditions of an employee benefit plan, such as a health benefit or retirement benefit plan.

professional employee - An employee who is exempt from laws requiring overtime pay because the employee has received high-level training (such as an advanced degree program) and makes important decisions without much supervision.

public employee- Someone who works for a federal, state, or local government agency.

public employer- A federal, state, or local government agency that employs workers.

safety sensitive position- A job with duties that include responsibility for the employee's own or other people's safety, where it would be especially dangerous if the employee is using drugs or alcohol on the job.

supervisor - A person hired by the employer to supervise the work performed by employees at the workplace. Sometimes known as a "manager".

termination - A general term ending an employee's employment. Also known as "discharge".

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