
Texas Business ELVES Employment Law Dictionary
A Free Legal Dictionary for Employers, HR Professionals, & Workers
On-Call Time
Time during which an employee is not actually performing work duties but must remain available to perform duties if called upon or requested by the employer…
Older Workers Benefit Protection Act (OWBPA)
Federal statute passed in 1990 as an amendment to the ADEA. The OWBPA was developed to target two key issues related to protection of workers 40 years of age or older…
Occupational Safety and Health Administration (OSHA)
Federal agency tasked with administering and enforcing the federal Occupational Safety and Health Act of 1970 (OSH Act)…
Occupational Safety and Health Act of 1970 (OSH Act)
Federal statute that serves as the primary law establishing health and safety standards in workplaces throughout the United States. The OSH Act applies to nearly every private employer and workplace, regardless of the employer’s size or industry, and also covers all employees for that particular employer or workplace…
Non-Solicitation Agreement
Contract in which an employee agrees not to solicit their employer’s customers and/or employees, for either the employee’s own benefit or that of a competing employer, for a limited amount of time after the employee has left the employer…
Non-Exempt Employee
An employee who is entitled to earn overtime pay pursuant to the federal Fair Labor Standards Act (FLSA) and any applicable state wage-and-hour law…
Non-Disclosure Agreement
Also referred to as an NDA or confidentiality agreement, this type of contract obligates the parties to protect the confidentiality of secret or proprietary information one or more parties learns about the other party or parties during an employment relationship or business transaction…
New Hire Reporting
Every employer in the United States is required to report basic identifying and contact information for each employee hired to a state agency tasked with maintaining a State Directory of New Hires…
Negligent Hiring
Legal theory or cause of action under state law which may be pursued by a third party injured by an employee if the employer knew or should have known that the employee posed a foreseeable danger to others making them unfit to hold the job at issue…
National Origin Discrimination
Unlawful discrimination that occurs when an employer treats an employee or job applicant differently based on that individual’s ethnicity or country of ancestry, or because of traits closely associated with ethnicity or ancestry, such as accent, surname, or cultural identity…
National Labor Relations Board (NLRB)
Federal agency created by and empowered to administer and enforce the National Labor Relations Act (NLRA). Per the NLRA, the NLRB is tasked with two directives…
National Labor Relations Act (NLRA)
Federal statute passed in 1935, also known as the Wagner Act, which definitively established workers’ rights to organize through labor unions and bargain collectively with employers…
Minimum Wage
The lowest amount of compensation an employer may lawfully pay a non-exempt employee per hour. An employer is always free to pay more than the minimum wage but is not allowed to pay less unless an exception to the minimum wage law applies or the worker is not an employee covered by minimum wage laws…
Military Leave
Time an employee takes off from work to serve in the Armed Forces. Military leave is protected under federal law and the law of many states, including Texas, out of recognition that roughly half of the nation’s total military strength comes from individuals who serve in the military through the National Guard and Reserves while holding non-military jobs…
Military Family Leave
Comprehensive term for two types of leave from work made available to employees related to a family member’s military service by the federal FMLA…
Military Caregiver Leave
The federal FMLA was amended in 2008 to provide employees a right to military caregiver leave so they may care for a family member who suffers or aggravates a serious injury or illness while on active military duty. In 2009, an additional amendment expanded military caregiver leave to include leave to care for a family member who is a veteran, who was a member of the Armed Forces within the past five years, and suffers from a service-related injury or illness…
Medical Records
Written information regarding the medical history or condition of an employee. Under the federal ADA, medical records must be kept confidential by the individual(s) tasked by the employer with maintaining and controlling access to employee records…
Medical Marijuana
Comprehensive term for marijuana or marijuana-based products that state law permits individuals to use with the written authorization of a physician for treatment of certain diseases or disabilities…
Medical Certification
A document completed by an employee and their health care provider to provide basic information about the employee’s need for leave from work…
Mediation
Type of alternative dispute resolution whereby two or more parties involved in a dispute work with a neutral third party - the mediator - to voluntarily reach a resolution of the dispute, typically involving a monetary payment being made by one or more parties to the other parties to the dispute…