
Texas Business ELVES Employment Law Dictionary
A Free Legal Dictionary for Employers, HR Professionals, & Workers
Uniformed Services Employment and Re-Employment Rights Act (USERRA)
Federal law that provides three key sets of protections to job applicants and employees who serve in the uniformed services of the United States (Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, Reserves, Army or Air National Guard, or the Commissioned Corps of the Public Health Service):..
Unforeseeable Leave
Simply put, leave from work that an employee seeks to take immediately without any advance notice or warning, often due to illness or some other unexpected emergency or occurrence such as an auto accident or unscheduled school closure…
Unfair Labor Practice (ULP)
Any action taken by either an employer or a labor union that is unlawful under the federal National Labor Relations Act (NLRA) or other labor laws…
Unemployment Benefits
Financial benefits paid, usually through a state government agency, to provide financial assistance to individuals who are unemployed through no fault of their own. Each state sets its own eligibility requirements, maximum benefit amounts, and maximum period for receiving benefits…
Undue Hardship
The federal ADA and correlative state laws - including Chapter 21 of the Texas Labor Code - require an employer to provide a qualified employee or job applicant with a reasonable accommodation to perform the job at issue unless doing so would impose an undue hardship on the employer…
Travel Time
Time an employee spends in transit for their work, some of which is compensable under the federal FLSA and some of which is not. For example, an employee’s typical commute to and from the worksite at the start and end of the work day is not compensable…
Trade Secret
Formula, pattern, device, or compilation of data that is used by an employer, is not generally known to the public, and gives the employer a business advantage over its competition…
Title VII of the Civil Rights Act of 1964 (Title VII)
Comprehensive federal statute that prohibits employment discrimination, harassment, and retaliation based on several enumerated protected characteristics, including race, color, national origin, gender (including pregnancy, sexual orientation, and gender identity), religion, and genetic information…
Tip Pooling
The federal FLSA and many state laws permit employers to require tip pooling. All employees subject to the pool must pay in a portion of their tips which are then divided among the pooled employees…
Tip Credit
Under the federal FLSA and most state laws, employers are permitted to pay tipped workers less than minimum wage so long as those employees receive enough compensation via tips to make up the difference. The amount that the employer is not required to pay is known as a tip credit…
Temporary Employee
Sometimes referred to as a contingent employee, an employee who is hired for a limited amount of time, usually either for a particularly busy season of the employer, for completion of a specific project, or to replace an employee who is out on leave…
Tangible Employment Action
Adverse employment action that occurs as a result of unlawful harassment or discrimination. Termination of employment, failure to hire or promote, denial of a bonus or pay raise, demotion or a pay decrease, or any other employment decision that results in a significant negative change in a job applicant’s or employee’s job or employment status constitute tangible employment actions…
Taft-Hartley Act (Labor Management Relations Act)
Federal statute passed in 1947 as an amendment to the federal National Labor Relations Act (NLRA) to address advantages provided to labor unions by the NLRA in an effort to level the playing field between management and labor unions…
Qualifying Exigency
The federal FMLA was amended in 2008 to add this category of leave which provides employees a right to take leave from work to handle specified matters relating to a family member’s deployment to a foreign nation as part of their active duty military service, referred to in the FMLA as a “qualifying exigency.”…
Qualified Individual with a Disability
Contrary to popular belief, the federal ADA does not protect every individual with a disability from employment discrimination. Rather, the ADA - and most similar state laws, including Texas law - only protects qualified individuals with disabilities in the context of employment decisions…
Overtime
Term that can refer to the hours worked by an employee beyond certain limitations set by law, or to the type of compensation an employee is entitled to receive for such hours. Under the federal FLSA, employees who work more than 40 hours in a workweek are entitled to their regular rate of pay for those additional hours worked plus an overtime premium of 50% - often referred to as “time and a half” - for those additional (i.e., overtime) hours…
Outside Salesperson
Employee who customarily and regularly works away from the employer’s place of business and whose primary duty is making sales or taking orders to sell goods, services, or the use of facilities…
Open Shop
Employer where employees are free to decide whether or not to join or support a labor union. Employees who choose not to join the labor union cannot be required to pay any union-related dues or fees in an open shop, nor can they be terminated or disciplined for failing to pay such fees or dues…