Texas Business ELVES Employment Law Dictionary

A Free Legal Dictionary for Employers, HR Professionals, & Workers

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Pretext

Explanation or justification put forth to conceal an underlying motive. In employment law, pretext can occur in disparate treatment discrimination cases…

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Pregnancy Leave

Time off from work provided to a female employee who is temporarily unable to work due to pregnancy, childbirth, or related conditions (sometimes referred to as maternity leave)…

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Pregnancy Discrimination Act (PDA)

Federal law passed in 1978 as an amendment to Title VII of the Civil Rights Act of 1964 as a direct legislative response and rebuke of case law from the United States Supreme Court that had interpreted pregnancy discrimination as not necessarily falling under the umbrella of unlawful discrimination based on sex, therefore making it permissible.

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Plant Closing

Traditionally, an employer’s shutting down of an entire facility or worksite. Sometimes a plant closing will be accompanied by relocating the work performed there to a different facility in another location…

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Pink Slip

Colloquial or slang term for notice given by an employer to an employee that they are being laid off or terminated.

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Picketing

Protesting that is most often accomplished by standing or marching outside of an employer’s premises to publicize an incident or dispute involving that employer, typically through signs or pamphlets…

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Personnel File

Collection of an employer’s paperwork regarding a specific employee, which typically includes such information and documents as hiring documents, benefits documents, tax records, performance and disciplinary records, job change records, employment-related contracts, and departure documents…

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Permanent Employee

Traditionally, a term used to distinguish an employer’s regular employees from any type of contingent workforce engaged by the employer such as temporary workers, leased workers, or independent contractors. Sometimes the term has also been used to distinguish between employees who have successfully completed an introductory or probationary period with the employer and those who have yet to do so…

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Performance Evaluation

Employer’s review of an employee’s work, typically reflected in a written document in which the employee’s job performance is assessed. This term can also refer to the meeting held between the employer and the employee to discuss the employee’s performance…

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Per Diem

The maximum amount an employer will reimburse an employee for expenses incurred in one day related to working for the employer. Some employers will pay the employee the entire per diem amount without restriction and allow the employee to use it as they see fit, while others will reimburse the employee only for the amount of qualifying expenses actually incurred…

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Pay Docking

The practice of reducing an employee’s pay as a disciplinary measure for workplace infractions such as absences or misconduct. Pay docking of non-exempt employees is generally permissible, but is subject to very strict legal limitations when dealing with exempt employees under the federal FLSA…

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Paid Time Off (PTO)

Comprehensive term used to describe an employee leave entitlement provided by the employer that is intended to be all-inclusive. Rather than offering and keeping track of separate banks of sick leave, personal leave, paid vacation, etc., many employers have switched to the use of PTO…

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Rolling Leave Year

One of the four permissible methods for calculating an employee’s entitlement to leave under the federal FMLA. Under the rolling leave year method, an employee’s eligibility for leave “rolls” throughout the year each time any FMLA leave is taken…

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Right to Work Laws

State laws - permitted under the federal National Labor Relations Act (NLRA) - that prohibit union security agreements which require employees to either join a labor union or pay fees to a labor union as a condition of obtaining or maintaining employment…

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Right to Sue Letter

Document issued by the federal EEOC or equivalent state fair employment practices agency - in Texas, the Texas Workforce Commission - advising an individual who has filed a charge of discrimination that the agency has completed processing the charge and the individual now has a specific period of time to file a lawsuit based on the charge…

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Reverse Discrimination

Term used to refer to discrimination against a member of a group that is not considered to be the intended beneficiary of the specific discrimination law at issue, typically because that group is or traditionally has been in the majority…

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Retaliation

When an employer punishes an employee for exercising their legal rights, including voicing complaints about or participating in the investigation of discrimination, harassment, unsafe or hazardous working conditions, or unlawful financial practices…

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Rest Break

Short break permitted for employees during the workday which is not long enough in duration to count as a meal break. Most employers permit employees to take periodic rest breaks throughout the day so long as this privilege is not abused…

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Respondeat Superior

Latin phrase meaning “let the master answer,” this legal theory holds employers or principals liable for the actions taken by their  employees or agents within the course and scope of their employment or authority…

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Religious Discrimination

When an employer makes employment decisions based on an employee’s or job applicant’s religious beliefs or lack of religious beliefs. Discrimination based on religion is prohibited by Title VII of the Civil Rights Act of 1964 under federal law and also by similar state laws…

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