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Legal

Contract Types & Employment Law

The legal structures governing work arrangements — permanent, contract, fixed-term, freelance, IR35 status, and co-employment rules.

68 terms

1099 Contractor(1099)

Contract Types & Employment Law

A 1099 contractor is a US independent contractor who receives a Form 1099-NEC at year end rather than a W-2, reporting…

12-Week Qualifying Period

Contract Types & Employment Law

The 12-week qualifying period is how long an agency worker must work in the same role with a hirer before gaining equal…

ABC Test

Contract Types & Employment Law

The ABC test is a three-part test some US states, such as California under AB5, use to decide whether a worker is an…

Affirmative Action

Contract Types & Employment Law

Affirmative action, for US federal contractors, means maintaining written programs under Executive Order 11246 to…

Affirmative Action Plan

Contract Types & Employment Law

An Affirmative Action Plan is a written program US federal contractors must keep to show how they ensure equal…

Agency Workers Regulations

Contract Types & Employment Law

The Agency Workers Regulations 2010 (AWR) give UK temporary workers equal pay and basic conditions after 12 weeks in…

Americans with Disabilities Act(ADA)

Contract Types & Employment Law

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in…

At-Will Employment

Contract Types & Employment Law

At-will employment is the US legal doctrine under which either the employer or employee can end the employment…

BFOQ

Contract Types & Employment Law

A BFOQ, or bona fide occupational qualification, is a narrow US Title VII exception that lets an employer require a…

Co-Employment Risk

Contract Types & Employment Law

Co-employment risk is the legal exposure when a client is treated as a joint employer of an agency's temp and becomes…

Comparable Worker (AWR)

Contract Types & Employment Law

A comparable worker under the UK Agency Workers Regulations 2010 is a hirer's permanent employee doing similar work,…

Constructive Dismissal

Contract Types & Employment Law

Constructive dismissal is when an employee resigns because their employer fundamentally breached the employment…

Contract for Services

Contract Types & Employment Law

A contract for services is the UK contract engaging a self-employed contractor to deliver defined work, unlike a…

Corp-to-Corp

Contract Types & Employment Law

Corp-to-corp (C2C) is a US contracting structure where the client or agency pays a contractor's incorporated company,…

DBS Check

Contract Types & Employment Law

A DBS check is a UK criminal record check from the Disclosure and Barring Service, at four levels, with the level set…

Deemed Employment

Contract Types & Employment Law

Deemed employment is the finding that a contractor working through a personal service company is, for UK tax, an…

EEO-1 Report

Contract Types & Employment Law

The EEO-1 report is an annual US filing to the EEOC where covered employers report workforce headcounts by job…

Employee

Contract Types & Employment Law

An employee works under a contract of employment with full statutory rights, such as unfair dismissal protection,…

Employment Agency (UK)

Contract Types & Employment Law

In UK law, an employment agency introduces job seekers to a hirer who employs them directly. The agency earns a…

Employment Business (UK)

Contract Types & Employment Law

In UK law, an employment business supplies temporary workers to hirers and stays responsible for paying them and…

Employment Status (UK)

Contract Types & Employment Law

Employment status in UK law is the category of employee, worker or self-employed contractor, set by the real working…

Engager (UK)

Contract Types & Employment Law

In UK off-payroll working rules, the engager is the end client where a contractor works, responsible for deciding…

Exempt Employee

Contract Types & Employment Law

An exempt employee is a US worker classified under the FLSA as ineligible for overtime pay, which requires meeting both…

Fair Labor Standards Act

Contract Types & Employment Law

The Fair Labor Standards Act (FLSA) is the US federal law setting minimum wage, overtime, recordkeeping and child labor…

Fair Labor Standards Act(FLSA)

Contract Types & Employment Law

The Fair Labor Standards Act (FLSA) is the US federal law that establishes the federal minimum wage ($7.25/hour in…

Family and Medical Leave Act

Contract Types & Employment Law

The Family and Medical Leave Act (FMLA) is a 1993 US law giving eligible employees up to 12 weeks of unpaid,…

Fixed-Term Contract

Contract Types & Employment Law

A fixed-term contract is an employment agreement with a defined end date — for a project, a season, or a specified…

Four-Fifths Rule

Contract Types & Employment Law

The four-fifths rule is a US test for adverse impact: a selection procedure is flagged if a group's selection rate…

GDPR in Recruitment

Contract Types & Employment Law

GDPR in recruitment is how UK GDPR governs the way agencies and employers collect, store and share candidate data,…

Garden Leave

Contract Types & Employment Law

Garden leave is a notice period in which a resigning employee stays on full pay but must not work, contact clients or…

Hirer (UK)

Contract Types & Employment Law

In UK staffing, the hirer is the client entity a worker is supplied to, and it carries its own legal duties under the…

Hostile Work Environment

Contract Types & Employment Law

A hostile work environment is a US legal concept under Title VII where severe or pervasive harassment over a protected…

IR35(IR35)

Contract Types & Employment Law

IR35 is UK tax legislation that determines whether a contractor working through a personal service company (PSC) should…

IRS 20-Factor Test

Contract Types & Employment Law

The IRS 20-factor test, from Revenue Ruling 87-41, is the US framework for judging whether a worker is an employee or…

Intermediary (UK)

Contract Types & Employment Law

In UK contracting, an intermediary is any entity between a worker and the end client, such as a personal service…

Irregular Hours Worker

Contract Types & Employment Law

An irregular hours worker is a UK classification, effective April 2024, for workers with variable hours that changes…

Joint Employment

Contract Types & Employment Law

Joint employment is the US legal doctrine under which a staffing agency and its client can both be treated as a…

Living Wage

Contract Types & Employment Law

The Living Wage is an independently calculated hourly rate, separate from the statutory National Living Wage, and UK…

Minimum Wage

Contract Types & Employment Law

The UK National Minimum Wage and National Living Wage are statutory hourly pay floors under the National Minimum Wage…

Misclassification

Contract Types & Employment Law

Worker misclassification is treating a legal employee or worker under UK law as self-employed, creating unpaid PAYE,…

Mutuality of Obligation

Contract Types & Employment Law

Mutuality of obligation is one of three UK employment status tests, asking whether the employer must offer work and the…

Non-Compete Agreement

Contract Types & Employment Law

A non-compete agreement is a contractual clause that restricts an employee or contractor from working for competing…

Non-Exempt Employee

Contract Types & Employment Law

A non-exempt employee is a worker entitled to overtime and minimum wage under the US Fair Labor Standards Act, a status…

Non-Solicitation Agreement

Contract Types & Employment Law

A non-solicitation agreement is a contract barring a person from approaching another party's employees or clients for a…

Overtime

Contract Types & Employment Law

Overtime is time worked beyond a legal or contractual threshold, typically paid at a premium, such as 1.5 times the…

PILON

Contract Types & Employment Law

PILON (payment in lieu of notice) is a payment made instead of working out a notice period, ending employment at once…

Personal Service Company

Contract Types & Employment Law

A personal service company (PSC) is a limited company through which an individual provides services to clients, and it…

Prevailing Wage

Contract Types & Employment Law

Prevailing wage is the minimum rate paid to workers on US federally funded construction and service projects, set by…

Protected Class

Contract Types & Employment Law

A protected class is a group, such as those defined by race, religion, sex or age, that US federal law bars employers…

Reasonable Accommodation

Contract Types & Employment Law

Reasonable accommodation is an adjustment employers must make so a qualified person with a disability can work, under…

Retaliation

Contract Types & Employment Law

Retaliation is an employer's adverse action against a worker for a protected activity, such as reporting…

Right of Substitution

Contract Types & Employment Law

The right of substitution is a UK contractor's contractual right to send someone else to do the work, a main factor…

Right to Work

Contract Types & Employment Law

Right to work is a person's legal permission to take employment in a country, which UK and US employers must verify or…

Safe Harbor

Contract Types & Employment Law

Safe harbor is a US tax provision, notably Section 530 of the Revenue Act of 1978, that can protect a business from…

Salary History Ban

Contract Types & Employment Law

A salary history ban is a US state or city law that stops employers, and often employment agencies, from asking…

Secondment

Contract Types & Employment Law

A secondment is a temporary transfer of an employee to another role, team or organisation while the original employer…

Self-Employed (UK)

Contract Types & Employment Law

In the UK, self-employed is a legal and tax status that HMRC tests on the substance of the working relationship, not on…

Title VII(Title VII)

Contract Types & Employment Law

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, colour, religion, sex, and…

Umbrella Company

Contract Types & Employment Law

An umbrella company is a UK employment intermediary that employs contractors, runs their pay through PAYE and invoices…

Undue Hardship

Contract Types & Employment Law

Undue hardship is the legal standard under the ADA that lets an employer refuse an accommodation that would impose…

W-2 Employee(W-2)

Contract Types & Employment Law

A W-2 employee is a worker classified as an employee under US tax law, where the employer withholds income tax, Social…

Whistleblower

Contract Types & Employment Law

A whistleblower is an employee who reports illegal, unethical or unsafe conduct by their employer, either internally,…

Work-Seeker

Contract Types & Employment Law

A work-seeker is a person actively seeking employment; in South African labor law the term has a statutory meaning tied…

Worker (UK)

Contract Types & Employment Law

A worker in UK employment law holds a status between employee and self-employed contractor, with core rights such as…

Worker Classification

Contract Types & Employment Law

Worker classification is the determination of whether a person is an employee or independent contractor, setting their…

Worker Misclassification

Contract Types & Employment Law

Worker misclassification occurs when an employer or staffing agency incorrectly designates a worker as an independent…

Wrongful Termination

Contract Types & Employment Law

Wrongful termination, or wrongful dismissal in UK law, is ending an employment contract without following its terms,…

Zero-Hours Contract

Contract Types & Employment Law

A zero-hours contract is an employment arrangement where the employer is not obliged to offer any minimum hours and the…