Certified Public Labor Attorney Exam key terms

A default employment relationship that either party may end at any time, for any lawful reason or none, subject to exceptions such as implied contracts, public policy, or statutory protections.

A limit on at-will termination arising when an employer's handbook, oral promises, or course of dealing create an enforceable expectation of discipline or termination only for cause.

Intentional discrimination in which an employer treats an employee differently because of a protected characteristic, proven through direct evidence or circumstantial proof such as pretext.

Liability arising from a facially neutral policy or practice that disproportionately excludes members of a protected group, regardless of intent, unless the employer shows job-relatedness and business necessity.

The three-step framework for circumstantial discrimination proof: the plaintiff establishes a prima facie case, the employer offers a legitimate nondiscriminatory reason, and the plaintiff shows that reason is pretextual.

The minimal set of facts a claimant must show to raise a presumption of unlawful conduct and shift the burden of explanation to the employer.

A modification to a job, schedule, workspace, or policy that enables a qualified individual with a disability to perform essential functions, required unless it imposes undue hardship.

A defense to accommodation requests where the modification would cause significant difficulty or expense, judged by factors such as employer size, resources, and the nature of operations.

The fundamental duties of a position that a qualified individual must be able to perform with or without accommodation; marginal tasks are excluded from this analysis.

Adverse action against an employee for engaging in legally protected activity, such as filing a discrimination charge, complaining about wages, or reporting safety hazards.

Conduct shielded from reprisal by statute, including filing charges, participating in investigations, opposing unlawful practices, or asserting wage, leave, or safety rights.

A materially negative change in employment terms or working conditions, such as discharge, demotion, pay cut, or a schedule change severe enough to deter a reasonable complainant.

Classification of an employee as outside minimum wage and overtime requirements, typically based on salary level, salary basis, and duties tests for executive, administrative, professional, or outside sales roles.

The hourly rate used to compute overtime, calculated by dividing total non-excludable remuneration for the workweek by hours worked, including nondiscretionary bonuses and shift differentials.

All time during which an employee is required to be on duty, on the employer's premises, or at a prescribed workplace, including certain on-call and travel time.

Premium pay of at least one and one-half times the regular rate for hours exceeding the statutory weekly threshold, generally 40 hours under federal law.

An employer allowance permitting a reduced cash wage for tipped employees, provided the employee receives sufficient tips to reach the minimum wage and proper notice is given.

Employee rights under the National Labor Relations Act to self-organize, form or join unions, bargain collectively, and engage in other concerted activity for mutual aid or protection.

Action taken by two or more employees, or by one employee on behalf of others, concerning wages, hours, or working conditions, which is protected even absent a union.

Conduct by an employer or union that violates the National Labor Relations Act, such as interfering with organizing, refusing to bargain, or discriminating for union activity.

The mutual obligation of employer and union representative to meet at reasonable times and confer over mandatory subjects of bargaining, without surface bargaining or unlawful delay.

A topic directly affecting wages, hours, or other terms and conditions of employment that the parties must negotiate upon request, such as pay, benefits, and discipline procedures.

A union certified or voluntarily recognized as the sole representative of an appropriate bargaining unit, with which the employer must deal over terms and conditions of employment.

The principle that workers' compensation benefits are the sole recovery against an employer for covered workplace injuries, barring most tort suits by the employee.

A physical or occupational condition arising out of and in the course of employment that qualifies for statutory benefits, including medical care, wage replacement, or disability payments.

The earnings base used to calculate wage-loss and disability benefits, computed from recent wages under a statutory formula that may include overtime and bonuses.

Statutory protection shielding an employer from civil damages claims by injured workers who receive workers' compensation benefits, subject to narrow exceptions such as intentional harm.

The Occupational Safety and Health Act provision requiring employers to furnish a workplace free from recognized hazards likely to cause death or serious physical harm, where no specific standard applies.

A danger that the employer knew or, with reasonable diligence, should have known about, and that is feasible to abate through available means.

An OSHA citation category for intentional disregard of, or plain indifference to, statutory or regulatory requirements, carrying higher penalties than serious or other-than-serious violations.

The time an employer is given to correct a cited hazard, which may be contested before the review commission within the statutory filing window.

The obligation of plan fiduciaries to act solely in the interest of participants and beneficiaries, with prudence and loyalty, and to avoid prohibited transactions.

A dealing between a benefit plan and a party in interest, such as a fiduciary, that is barred unless a statutory or administrative exemption applies.

The point at which an employee gains a nonforfeitable right to accrued retirement benefits, governed by statutory schedules that set maximum years of service.

An illness, injury, impairment, or condition requiring inpatient care or continuing treatment by a health care provider, which may support eligible employee leave.

Leave taken in separate blocks of time for a single qualifying reason, such as medical treatment or flare-ups, rather than in one continuous absence.

A contract clause limiting an employee's post-employment conduct, such as noncompetition, nonsolicitation, or confidentiality, enforceable only if reasonable in scope, duration, and geography.

Information with independent economic value from not being generally known, subject to reasonable efforts to maintain secrecy, protected against misappropriation under state and federal law.

A theory allowing an employer to enjoin a former employee from a new job when the new role would necessarily require disclosure of the prior employer's trade secrets.

The requirement that a claimant first pursue available agency procedures, such as filing a charge or requesting review, before seeking judicial relief.

An agency notice issued after a charge is filed or resolved, authorizing the complainant to bring a private civil action within a statutory deadline.

A situation where a lawyer's personal, financial, or professional interests or duties to another client materially limit the representation, requiring disclosure and informed consent or withdrawal.

A client's agreement to a proposed course of conduct after the lawyer communicates adequate information about material risks and reasonable alternatives, confirmed in writing where required.

The evidentiary protection for confidential communications between a lawyer and client made for legal advice, which the client may waive and which survives the representation's end.