Key legal terms you'll encounter during a California or New York employment law case, explained in plain language.
At-Will Employment A legal doctrine in most U.S. states, including California and New York, meaning an employer can terminate an employee at any time, for any reason — or no reason at all — as long as the reason is not illegal (e.g., discrimination or retaliation). Employees can also quit at any time without consequence.
Title VII Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees and is enforced by the EEOC.
FEHA The Fair Employment and Housing Act is California's primary anti-discrimination law. FEHA provides broader protections than federal law, covering employers with 5 or more employees and protecting additional categories such as sexual orientation, gender identity, marital status, and medical condition.
EEOC The Equal Employment Opportunity Commission is the federal agency responsible for enforcing workplace anti-discrimination laws. Workers must typically file a charge with the EEOC before pursuing a federal discrimination lawsuit. The EEOC investigates claims, attempts mediation, and can file suit on behalf of employees.
CRD / DFEH The California Civil Rights Department (formerly the Department of Fair Employment and Housing) is the state agency that enforces FEHA. Workers can file discrimination, harassment, and retaliation complaints with the CRD, which investigates and can pursue litigation on the employee's behalf.
Hostile Work Environment A form of harassment where unwelcome conduct based on a protected characteristic (race, sex, religion, etc.) is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. A single extreme incident or a pattern of lesser incidents can qualify.
Quid Pro Quo A type of sexual harassment where a person in authority conditions employment benefits (hiring, promotion, continued employment) on an employee's submission to sexual advances. Latin for 'this for that,' quid pro quo harassment requires only a single incident to be actionable.
Exempt vs. Non-Exempt A classification that determines whether an employee is entitled to overtime pay and meal/rest breaks. Non-exempt employees must receive overtime pay (typically 1.5x their regular rate) for hours worked beyond 40 per week (federal) or 8 per day (California). Exempt employees are salaried and excluded from these protections, but must meet specific salary and duties tests.
FLSA The Fair Labor Standards Act is the federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most private and public employers and establishes the federal minimum wage and the 40-hour workweek overtime threshold.
FMLA The Family and Medical Leave Act is a federal law requiring covered employers (50+ employees) to provide up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including serious health conditions, birth or adoption of a child, and caring for a family member with a serious illness.
CFRA The California Family Rights Act provides job-protected leave similar to FMLA but with broader coverage. CFRA applies to employers with 5 or more employees and provides up to 12 weeks of unpaid leave for family and medical reasons, including bonding with a new child, caring for a seriously ill family member, or the employee's own serious health condition.
ADA The Americans with Disabilities Act is a federal law that prohibits discrimination against individuals with disabilities in employment, public accommodations, and other areas. Under the ADA, employers must provide reasonable accommodations to qualified employees with disabilities unless it would cause undue hardship.
ADEA The Age Discrimination in Employment Act is a federal law that protects employees and applicants age 40 and older from age-based discrimination in hiring, firing, promotion, compensation, and other terms of employment. It applies to employers with 20 or more employees.
Retaliation An adverse employment action taken against an employee for engaging in legally protected activity, such as filing a discrimination complaint, reporting safety violations, participating in an investigation, or exercising rights under wage and hour laws. Retaliation is illegal under federal, California, and New York law and can form the basis of an independent legal claim.
Whistleblower An employee who reports illegal, unethical, or dangerous activity by their employer to authorities or the public. Federal and state whistleblower protection laws prohibit employers from retaliating against employees who report violations of law, fraud, health and safety hazards, or other misconduct.
Workers' Compensation A state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. Benefits include medical treatment, temporary disability payments, permanent disability payments, and vocational rehabilitation. Employers cannot retaliate against employees for filing workers' compensation claims.
Constructive Dismissal A situation where an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. Although the employee technically quits, the law treats it as a termination, and the employee may pursue a wrongful termination claim.
WARN Act The Worker Adjustment and Retraining Notification Act requires employers with 100+ employees to provide 60 days advance written notice before mass layoffs or plant closings. California's Cal-WARN Act and New York's WARN Act impose similar or stricter requirements. Failure to comply can result in back pay and benefits liability.
PAGA The Private Attorneys General Act is a California law that allows employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. PAGA effectively allows workers to act as private attorneys general to enforce labor laws.
NYSHRL The New York State Human Rights Law is New York's primary anti-discrimination statute. It prohibits discrimination in employment based on age, race, creed, color, national origin, sexual orientation, gender identity, military status, sex, disability, marital status, domestic violence victim status, and other protected categories. It applies to all employers in New York.
NYCHRL The New York City Human Rights Law is one of the most protective anti-discrimination laws in the country. It applies to employers with 4 or more employees in New York City and provides broader protections and more generous remedies than both federal and New York State law.