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Employment: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Employment refers to any service performed by an employee for an employer. This relationship typically involves a contract where the employee agrees to provide labor or services in exchange for compensation, such as wages or salary. Understanding the nature of employment is essential for both employees and employers, as it outlines rights, responsibilities, and expectations within the workplace.
Table of content
Legal Use & context
The term "employment" is widely used in various legal contexts, including labor law, contract law, and tax law. It plays a crucial role in determining employee rights, benefits, and obligations. Legal documents, such as employment contracts, offer templates that can help both parties outline their agreement clearly. Users can access US Legal Forms to find templates drafted by attorneys that address specific employment needs.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A graphic designer is hired by a marketing firm to create visual content. The designer is classified as an employee, receiving a salary and benefits as outlined in their employment contract.
Example 2: A restaurant hires a server who works on an hourly basis, receiving tips and wages. The server's employment relationship defines their rights to minimum wage and overtime pay. (hypothetical example)
Relevant laws & statutes
Several laws govern employment relationships, including:
The Fair Labor Standards Act (FLSA) - establishes minimum wage and overtime pay requirements.
The Family and Medical Leave Act (FMLA) - provides eligible employees with unpaid, job-protected leave for specific family and medical reasons.
Title VII of the Civil Rights Act - prohibits employment discrimination based on race, color, religion, sex, or national origin.
State-by-state differences
State
Minimum Wage
At-Will Employment
California
$15.50
Yes, with exceptions
Texas
$7.25
Yes
New York
$15.00
Yes, with exceptions
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Employee
A person hired to provide services to an employer.
Employment refers to the relationship; employee refers to the individual.
Contractor
A person or company engaged to perform services under a contract.
Contractors are typically self-employed and not entitled to employee benefits.
Common misunderstandings
What to do if this term applies to you
If you are entering an employment relationship, consider drafting a clear employment contract that outlines your duties, pay, and benefits. Users can explore US Legal Forms for templates that can simplify this process. If you have questions about your rights or obligations, consulting a legal professional is advisable.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Employment laws protect against discrimination and ensure fair treatment.
Employees may be entitled to benefits such as health insurance and paid leave.
Key takeaways
Frequently asked questions
Employees work under an employer's control and are entitled to benefits, while contractors operate independently and are not entitled to such benefits.
While not always required, a written contract can help clarify expectations and protect both parties.
Employees have rights to fair wages, safe working conditions, and protection from discrimination, among others.