WORK

8 definitions found across Law Mind sources

WORKAuthored
The Law Mind • 1145 words
Definition
"Work" carries several distinct legal meanings depending on context. No single definition governs across all fields of law. 1. Labor and employment law. Physical or mental exertion performed in exchange for compensation, or in the course of an employment relationship. The concept anchors wage-and-hour law, workers' compensation, and occupational safety regulation. What counts as "work" — and therefore as compensable time — is frequently contested. 2. Mining law. To "work" a mining claim means to take active steps toward making the claim productive, including development activities and ore extraction following discovery. The term carries legal significance because many mining statutes require that a claim be worked within set periods as a condition of maintaining possessory rights. 3. Contract law (work and labor). "Work and labor" is a classical phrase in common counts pleading, describing the basis for a quantum meruit or implied contract claim for services rendered. The phrase distinguishes labor performed from goods sold. 4. Charter-party and shipping. "Working days" refers to consecutive days exclusive of Sundays and holidays, used to measure lay time for loading and unloading cargo. Distinguished from "running days," which count all successive days without exception.
Common Language
Modern common usage (Wiktionary): Employment; labor; a task or occupation; the place where one is employed; effort expended on a particular task; something on which effort is expended. Historical common usage (Webster's 1913): Exertion of strength or faculties, physical or intellectual, directed to an end; industrial activity; toil; the matter on which one is engaged; business; duty. The common meaning of "work" is broad and intuitive, but legal usage imposes technical precision that common usage does not. Whether a particular activity constitutes "work" for purposes of wage-and-hour law, workers' compensation coverage, or unemployment eligibility turns on statutory definitions, regulatory tests, and case law — not on whether the activity feels like work in the ordinary sense. Waiting time, on-call time, and travel time, for example, may or may not be "work" depending on the legal context, regardless of common understanding.
Recognized Forms
/SUBTYPES Working days. Days that run consecutively, excluding Sundays and holidays. Most commonly encountered in charter-party contracts governing lay time for cargo loading and unloading. Running days. All successive calendar days, whether or not they would otherwise qualify as working days. Running days produce a longer lay-time period than working days over the same span. Work and labor. A recognized form of action in common counts pleading, available where services have been rendered under an implied contract or where unjust enrichment would otherwise result. See also: quantum meruit. Working a mining claim. The affirmative steps — development, extraction, or equivalent activity — required by statute or custom to maintain possessory rights in a mining claim. Mere discovery or staking, without subsequent work, is generally insufficient.
Why It Matters in Research
The most significant research trap with "work" is jurisdictional and statutory fragmentation. "Work" does not mean the same thing under the Fair Labor Standards Act, state workers' compensation statutes, OSHA regulations, unemployment insurance law, and mining codes — even within the same jurisdiction. A researcher who imports a definition from one body of law into another context will produce an unreliable result. In wage-and-hour research, the definition of "hours worked" under the FLSA is shaped primarily by agency regulation and a dense body of case law addressing specific activity types. The term is not self-defining in the statute. Compensable time questions — whether preliminary or postliminary activities count, whether on-call time is work, whether travel time is covered — require moving beyond the word itself to regulatory and case law sources. In workers' compensation research, "arising out of and in the course of employment" is the operative test in most jurisdictions, not whether the claimant was engaged in "work" as commonly understood. The two concepts overlap but are not identical. Mining law research requires attention to the specific statute or claim patent at issue. The requirement to "work" a claim has historically been a condition on the right to hold the claim, and what satisfies that requirement varies by statute and has been litigated extensively in the western states. In historical sources, "work and labor" as a common count will appear in older pleading manuals and form books. Researchers using pre-20th century materials should recognize this as a distinct legal term of art, not a general description of effort. The gig economy has intensified the definitional contest around "work" in employment law. Whether platform-based tasks constitute "work" under employment statutes — or whether performers are employees at all — is one of the most active areas of current litigation and legislation.
Historical Dictionary Support
Anderson's Dictionary of Law treats "work" and "duty" as interchangeable when applied to an employee's obligations (citing brakeman as example), then cross-references business, labor, and service without providing a standalone definition. Anderson is more useful here as a navigation tool than as a source of substantive content. His entries on working days and running days, however, are precise and still accurate as foundational descriptions of charter-party usage. Bouvier's Law Dictionary focuses its definition almost entirely on mining law, defining "work" as doing something toward making a mining claim productive — developing or extracting an ore body after discovery. Bouvier's entry reflects the particular importance of this term in 19th- and early 20th-century public land and mining law, when working a claim was the central mechanism for acquiring and maintaining property rights in western territories. Neither historical source addresses the labor and employment law dimensions that now dominate the term's legal significance. Both predate the FLSA (1938) and modern workers' compensation frameworks, so they are of limited value for researchers working in those areas. For wage-and-hour and workers' compensation research, historical dictionaries should be treated as background only.
Jurisdictional Note
Wage-and-hour definitions of "work" and compensable time vary between federal FLSA standards and state wage laws; several states have more expansive definitions of compensable time than federal law requires. Mining law definitions are most relevant in western states and are shaped by both federal statutes and state codes. Charter-party terms like "working days" are governed primarily by the contract itself and, where disputed, by maritime law.
Encyclopedia Cross-Reference
Return-to-Work, Light Duty, and Vocational Rehabilitation (The Law Mind Employment & Labor Law Encyclopedia) Compensable Time — Hours Worked under the FLSA (The Law Mind Employment & Labor Law Encyclopedia) Employment Law in the Gig Economy and Platform Work (The Law Mind Employment & Labor Law Encyclopedia)
Related Terms
Labor; Employment; Service; Duty; Hours Worked; Compensable Time; Quantum Meruit; Work and Labor (Common Count); Working Days; Running Days; Lay Days; Mining Claim; Workers' Compensation; Independent Contractor; Employee
WORKmain
Anderson's Dictionary of Law • 1890
The "work" and the "duty" of a person, as of a brakeman, mean the same thing.2 See BUSINESS; LABOR, 1 ; SERVICE, 1. Work and labor. See Counts, 4, Common. Work-beast. See HORSE. Working-days. Days that succeed each other, exclusive of Sundays and holidays. Lay-days. Time to load and unload a cargo.4 Running days. Successive or consecutive days, whether working-days or not.5 In a charter-party, days as they run, day by day, from a given time.6
WORKmain
Bouvier's Law Dictionary • 1928
(v.) To 'work' a mining claim is to do something toward making it productive, such as developing or extracting an ore body after it has been discovered. 252 U. S. 307.
WORKn.
Websters Unabridged Dictionary (1913) • 1913
Exertion of strength or faculties; physical or intellectual effort directed to an end; industrial activity; toil; employment; sometimes, specifically, physically labor. Man hath his daily work of body or mind Appointed. Milton. The matter on which one is at work; that upon which one spends labor; material for working upon; subject of exertion; the thing occupying one; business; duty; as, to take up one's work; to drop one's work. Come on, Nerissa; I have work in hand That you yet know not of. Shak. In every work that he began . . . he did it with all his heart, and prospered. 2 Chron. xxxi. 21. That which is produced as the result of labor; anything accomplished by exertion or toil; product; performance; fabric; manufacture; in a more general sense, act, deed, service, effect, result, achievement, feat. To leave no rubs or blotches in the work. Shak. The work some praise, And some the architect. Milton. Fancy . . . Wild work produces oft, and most in dreams. Milton. The composition or dissolution of mixed bodies . . . is the chief work of elements. Sir K. Digby. Specifically: (a) That which is produced by mental labor; a composition; a book; as, a work, or the works, of Addison. (b) Flowers, figures, or the like, wrought with the needle; embroidery. I am glad I have found this napkin; . . . I'll have the work ta'en out, And give 't Iago. Shak. Structures in civil, military, or naval engineering, as docks, bridges, embankments, trenches, fortifications, and the like; also, the structures and grounds of a manufacturing establishment; as, iron works; locomotive works; gas works. (d) pl. The moving parts of a mechanism; as, the works of a watch. Manner of working; management; treatment; as, unskillful work spoiled the effect. Bp. Stillingfleet. The causing of motion against a resisting force. The amount of work is proportioned to, and is measured by, the product of the force into the amount of motion along the direction of the force. See Conservation of energy, under Conservation, Unit of work, under Unit, also Foot pound, Horse power, Poundal, and Erg. Energy is the capacity of doing work . . . Work is the transference of energy from one system to another. Clerk Maxwell. Ore before it is dressed. Raymond. Performance of moral duties; righteous conduct. He shall reward every man according to his works. Matt. xvi. 27. Faith, if it hath not works, is dead. James ii. 17. Muscular work (Physiol.), the work done by a muscle through the power of contraction. -- To go to work, to begin laboring; to commence operations; to contrive; to manage. "I 'll go another way to work with him." Shak. -- To set on work, to cause to begin laboring; to set to work. [Obs.] Hooker. -- To set to work, to employ; to cause to engage in any business or labor.
WORKv.
Websters Unabridged Dictionary (1913) • 1913
To exert one's self for a purpose; to put forth effort for the attainment of an object; to labor; to be engaged in the performance of a task, a duty, or the like. O thou good Kent, how shall I live and work, To match thy goodness Shak. Go therefore now, and work; for there shall no straw be given you. Ex. v. 18. Whether we work or play, or sleep or wake, Our life doth pass. Sir J. Davies. Hence, in a general sense, to operate; to act; to perform; as, a machine works well. We bend to that the working of the heart. Shak. Hence, figuratively, to be effective; to have effect or influence; to conduce. We know that all things work together for good to them that love God. Rom. viii. 28. This so wrought upon the child, that afterwards he desired to be taught. Locke. She marveled how she could ever have been wrought upon to marry him. Hawthorne. To carry on business; to be engaged or employed customarily; to perform the part of a laborer; to labor; to toil. They that work in fine flax . . . shall be confounded. Isa. xix. 9. To be in a state of severe exertion, or as if in such a state; to be tossed or agitated; to move heavily; to strain; to labor; as, a ship works in a heavy sea. Confused with working sands and rolling waves. Addison. To make one's way slowly and with difficulty; to move or penetrate laboriously; to proceed with effort; -- with a following preposition, as down, out, into, up, through, and the like; as, scheme works out by degrees; to work into the earth. Till body up to spirit work, in bounds Proportioned to each kind. Milton. To ferment, as a liquid. The working of beer when the barm is put in. Bacon. To act or operate on the stomach and bowels, as a cathartic. Purges . . . work best, that is, cause the blood so to do, . . . in warm weather or in a warm room. Grew.
WORKv.
Websters Unabridged Dictionary (1913) • 1913
To labor or operate upon; to give exertion and effort to; to prepare for use, or to utilize, by labor. He could have told them of two or three gold mines, and a silver mine, and given the reason why they forbare to work them at that time. Sir W. Raleigh. To produce or form by labor; to bring forth by exertion or toil; to accomplish; to originate; to effect; as, to work wood or iron into a form desired, or into a utensil; to work cotton or wool into cloth. Each herb he knew, that works or good or ill. Harte. To produce by slow degrees, or as if laboriously; to bring gradually into any state by action or motion. "Sidelong he works his way." Milton. So the pure, limpid stream, when foul with stains Of rushing torrents and descending rains, Works itself clear, and as it runs, refines, Till by degrees the floating mirror shines. Addison. To influence by acting upon; to prevail upon; to manage; to lead. "Work your royal father to his ruin." Philips. To form with a needle and thread or yarn; especially, to embroider; as, to work muslin. To set in motion or action; to direct the action of; to keep at work; to govern; to manage; as, to work a machine. Knowledge in building and working ships. Arbuthnot. Now, Marcus, thy virtue's the proof; Put forth thy utmost strength, work every nerve. Addison. The mariners all 'gan work the ropes, Where they were wont to do. Coleridge. To cause to ferment, as liquor. To work a passage (Naut.), to pay for a passage by doing work. -- To work double tides (Naut.), to perform the labor of three days in two; -- a phrase which alludes to a practice of working by the night tide as well as by the day. -- To work in, to insert, introduce, mingle, or interweave by labor or skill. -- To work into, to force, urge, or insinuate into; as, to work one's self into favor or confidence. -- To work off, to remove gradually, as by labor, or a gradual process; as, beer works off impurities in fermenting. -- To work out. (a) To effect by labor and exertion. "Work out your own salvation with fear and trembling." Phil. ii. 12. (b) To erase; to efface. [R.] Tears of joy for your returning spilt, Work out and expiate our former guilt. Dryden. To solve, as a problem. (d) To exhaust, as a mine, by working. -- To work up. (a) To raise; to excite; to stir up; as, to work up the passions to rage. The sun, that rolls his chariot o'er their heads, Works up more fire and color in their cheeks. Addison. To expend in any work, as materials; as, they have worked up all the stock. (c) (Naut.) To make over or into something else, as yarns drawn from old rigging, made into spun yarn, foxes, sennit, and the like; also, to keep constantly at work upon needless matters, as a crew in order to punish them. R. H. Dana, Jr.
worknoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Employment. | Labour, occupation, job. | Employment. | The place where one is employed. | Employment. | One's employer. | Employment. | A factory; a works. | Effort. | Effort expended on a particular task. | Effort. | Sustained effort to overcome obstacles and achieve a result. | Effort. | Something on which effort is expended. | Effort. | Something on which effort is expended. | Cosmetic surgery. | Effort. | Something on which effort is expended. | Prison gang violence. | Effort. | A measure of energy expended in moving an object; most commonly, force times distance. No work is done if the object does not move. | Effort. | A measure of energy that is usefully extracted from a process: applied productively. | Product; the result of effort. | The result of a particular manner of production. | Product; the result of effort. | Something produced using the specified material or tool. | Product; the result of effort. | A literary, artistic, or intellectual production; a creative work. | Product; the result of effort. | A fortification. | The staging of events to appear as real. | Ore before it is dressed. | The equipment needed to inject a drug (syringes, needles, swabs etc.) | The confident attitude of a drag queen.
workverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To do a specific task by employing physical or mental powers. | To do a specific task by employing physical or mental powers. | Said of one's workplace (building), or one's department, or one's trade (sphere of business) [with in or at]. | To do a specific task by employing physical or mental powers. | Said of one's job title [with as]. | To do a specific task by employing physical or mental powers. | Said of a company or individual who employs [with for]. | To do a specific task by employing physical or mental powers. | General use, said of either fellow employees or instruments or clients [with with]. | To do a specific task by employing physical or mental powers. | To work or operate in a certain place, area, or speciality. | To do a specific task by employing physical or mental powers. | To work or operate in, through, or by means of. | To function correctly; to act as intended; to achieve the goal designed for. | To cause to operate, be productive, behave a certain way, or happen. | To set into action. | To cause to operate, be productive, behave a certain way, or happen. | To exhaust, by working. | To cause to operate, be productive, behave a certain way, or happen. | To shape, form, or improve a material. | To cause to operate, be productive, behave a certain way, or happen. | To provoke or excite; to influence. | To cause to operate, be productive, behave a certain way, or happen. | To use or manipulate to one’s advantage. | To cause to operate, be productive, behave a certain way, or happen. | To cause to happen or to occur as a consequence. | To cause to operate, be productive, behave a certain way, or happen. | To force to work. | To move or progress slowly or with difficulty; to proceed with effort. | To move or progress slowly or with difficulty; to proceed with effort. | To move or progress slowly [with one's way]. | To cause to move slowly or with difficulty. | To embroider with thread. | To ferment. | To cause to ferment. | To influence. | To move in an agitated manner. | To behave in a certain way when handled | To cause (someone) to feel (something); to do unto somebody (something, whether good or bad). | To hurt; to ache. | To pull off; to wear, perform, etc. successfully or to advantage. | To perform with a confident attitude, particularly as a drag queen.

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