Benefits & ERISA
The primary federal law that regulates both pension and welfare benefit plans.
ERISA (Employee Retirement Income Security Act)
The principal federal law governing self-organization and collective bargaining by private-sector employees.
National Labor Relations Act (NLRA)
This Amendment protects public-sector employees from unreasonable search and seizure if they have a "reasonable expectation of privacy".
Fourth Amendment
The doctrine that allows an employer to fire an employee at any time for any reason, unless specifically prohibited by law.
Employment at Will
The test California uses as a default to determine if a worker is an employee for wage and hour purposes.
ABC Test
This document must be provided to employees within 90 days of coverage and must be written in simple, non-technical language.
Summary Plan Description (SPD)
Any efforts by employees to join together for "mutual aid or protection" regarding wages or hours, even without a union.
Concerted activity
The privacy tort that occurs when someone snoops, pries, or otherwise engages in unwarranted intrusion upon private affairs.
Intrusion upon seclusion
A situation where an employer creates intolerable working conditions specifically designed to force an employee to quit.
Constructive discharge
The specific timing required by the ADA before an employer can request a medical examination of an applicant.
After a conditional offer of employment
The specific law requiring employers with 20 or more employees to offer continuation of health coverage after a qualifying event.
COBRA
These specific bargaining topics, like bonuses and benefits, must be negotiated if raised by either party.
Mandatory topics
Under this Act, private employers are generally prohibited from using polygraph exams for pre-employment screening.
Employee Polygraph Protection Act (EPPA)
The common law exception that protects employees fired for reporting illegal activity.
Whistleblowing
Proactive efforts, often required by Executive Order 11246, to overcome the effects of past or present barriers to equal opportunity.
Affirmative Action
This rule prohibits employers from making changes to pension plans that reduce benefits already accrued by the employee.
Anti-cutback rule
An agreement where an employer pledges to remain neutral and not oppose a union's organizing campaign
Neutrality agreement
These specific records must be kept for the duration of employment plus thirty years according to the OSH Act.
Medical records
This standard, applicable to unionized and public employees, requires an employer to prove a firing was based on a good reason.
Just Cause
The EEOC rule stating that if a selection rate for a protected group is less than this percentage of the most successful group, it is evidence of discrimination.
80% (or four-fifths)
Under ERISA, anyone who exercises discretionary authority over the administration of a plan is considered this and must act solely in the interest of beneficiaries .
Fiduciary
This occurs when negotiations over mandatory topics are deadlocked and further meetings appear futile.
Impasse
This federal law regulates the handling of personnel records by agencies of the federal government.
Privacy Act
A written statement in a handbook that denies that any policies create contractual rights binding on the employer.
Disclaimer
The collaborative process between an employer and a disabled employee to identify a reasonable accommodation.
The interactive process