Business Law Quiz 3

Quiz Date: 10/29

employee

a person who performs services for another if the employer can control what will be done and how it will be done

independent contractor

a person who contracts with another to do something for that person, but who is not subject to the other’s right to control with respect his or her conduct in the performance of the undertaking

employees

have statutory protections regarding wages, overtime, injuries at work, etc.

costs of misclassifying employees

• wages, overtime pay

• back taxes and contributions to social security, workers’ comp

• unemployment

• fines from federal and state agencies

• attorneys’ feees

agents

what are employees considered in relation to their employers

Respondeat superior

doctrine that imposes liability on an employer for civil wrongs (torts) committed by employees

no

are independent contractors protected by workers comp?

Fair Labor Standards Act

• opportunity for profit or loss depending on managerial skill

• investments by worker and employer

• permanence of the work relationship

• nature and degree of control

• whether the work performed is integral to the employer’s business

• skill and initiative

employment at will doctrine

either party may terminate the employment relationship at any time for any reason, unless doing so violates an employee’s statutory or contractual rights

employment agreements or collective bargaining agreements

these contractual arrangements may alter the conditions under which employees may be terminated

implied contract

even absent an employee agreement, certain promises or statements by employers can create these that can also alter employer’s right to freely terminate the employment relationship

exceptions based on public policy

• based on the allegation that the employer’s reason for firing the employee violates a fundamental public policy of the jurisdiction

  • ex: serving on jury, filing worker’s comp claim

  • refusing to commit an illegal act—perjury

perjury

telling someone what to say or else they get fired

agents

most employees who deal with third parties are considered to be what of their employer

agent

cashier at Sheetz

common law

what is agency law based on

agent

the one acting

principal

the one in charge

fiduciary relationship

involves trust and confidence

express authority

type of authority conveyed in clear, direct, definite terms—orally or in writing

express authority

power of attorney

implied authority

type of actual authority to do what is reasonably necessary to carry out express authority and accomplish the objectives of the agency

express authority

implied authority CANNOT contradict

apparent authority

not actual authority—this is authority implied when the principal by word or action causes a third party to reasonably believe the agent has authority to act when they do not

principal’s duties to agents

• cooperation

• provide safe working conditions

• reimbursement and indemnification

• compensation

agent’s duties to principals

• performance

• notification

• loyalty

• obedience

• accountability

indemnification

depending on the circumstances, either party may require the other to compensate for liabilities incurred

contractual liability

for contracts formed by agents depends upon how the principal is classified and whether the actions of the agent were authorized

disclosed

principal’s identity known to third party at time of contracting

partially disclosed

principal’s identity is not known by third party, but third party does know that agent is or may be acting on behalf of a principal

undisclosed

principal’s identity and fact that agent is acting as an agent are completely unknown to third party

principal

obligated to perform contract whether disclosed, partially disclosed, or undisclosed

agent

liable for partially disclosed and undisclosed principal

principal

cannot be held liable for unauthorized acts of agent unless they subsequently ratify regardless of whether principal is disclosed, partially disclosed, or undisclosed

agent

if alleged principal is disclosed or partially disclosed, and the agent contracts with a third party without authorization, they are liable to the third party

implied warranty of authority

not for breach of the contract itself but because the agent represented that he or she had the authority to enter into the contract

principal’s tortious conduct

principal may be liable for principal’s own negligence or recklessness

• improper or incomplete instructions or authorizes use of improper tools, materials, or methods

Principal’s authorization of agent’s tortious conduct

if principal authorizes agent to commit a tort, principal will be liable to injured persons

liability for agent’s own negligence

• attaches regardless of fault—does not matter how well employer tries to supervise, etc.

• employer is liable for the acts of its employee performed while in the scope of employment along with the employee

detour

an employee’s slight deviation from task for employer does not remove employee from scope of employment

frolic

if employee’s actions are a substantial departure from the employer’s business, and are instead personal, in nature, employee is not acting in course and scope of employment

no

are employers generally liable for torts of independent contractors

Fair Labor Standards Act requirements

• minimum wage

• overtime pay

• record keeping

FLSA Remedies

• unpaid wages, liquidated damages, attorney’s fees

• reinstatement

• emotional distress damages

PA wage payment and collection act

• designated paydays

• overtime

• bonuses

• wage supplements

• record keeping

WPCL

protects a broader range of employees

unemployment compensation

• can only be collected if

  • employee was fired for a just cause

  • employee voluntarily quit

Family and Medical Leave Act

• paid or unpaid up to 12 weeks of leave during nay 12 month period for certain family related occurrences such as the birth or adoption of a child or care for a seriously ill family member

Occupational Safety and Health Administration

agency responsible, under the OSH Act, for setting and enforcing standards for occupational health and safety

Title VII

prohibits discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, and gender

disparate treatment

intentional discrimination based on membership in protected class

disparate impact

when a protected group of people is adversely affected by an employer’s practices, even when such practices do not appear to be discriminatory (no need to establish discriminatory intent)

constructive discharge

when an employer causes an employee’s working conditions to be so intolerable that a reasonable person in the employee’s position would feel compelled to quit

Age Discrimination in Employment Act

statute that prohibits employers from refusing to hire, discharge, or discriminate against people in terms or conditions of employment on the basis of age

40

what age is considered age discrimination

executive exemption

exemption to the ADEA that allows mandatory retirement of executives at age 65 if certain conditions are met

remedies under ADEA

• back pay

• liquidated damages in the amount equal to back pay if plaintiff proves that the employer acted willfully

• punitive damages are rarely awarded

enforcement under ADEA

• similar to title VII prodcedure

  • file charge with EEOC

  • EEOC will investigate, and choose whether or not to file an action on behalf of employee

  • if EEOC declines to enforce suit, employee receives a right to sue notice and can bring a civil action

Americans with Disabilities Act

requires employers to make reasonable accommodations to the known disabilities of an otherwise qualified job applicant or employee with a disability unless the necessary accommodation would impose an undue burden on the employer’s business

remedies for ADA

• reinstatement, back pay, and injunction

• limited compensatory and punitive damages

• employers are subject to fines up to $150,000

disability

• a physical or mental impairment which substantially limits one or more of the major life activities of such individuals

• a record of impairment

• being regarded as having such an impairment

administrative agencies

created by the legislative branch enabling acts which grants power to an administrative agency to issue rules, investigate violations of rules or statues, and adjudicate disputes

• part of executive branch

• function under the authority of the President and are responsible for enforcing laws through regulations and rule making

functions of administrative agencies

• rulemaking

• adjudication of individual cases brought before administrative law judges

Federal Register

where are proposed rules published every day

Equal Employment Opportunity Commission

an administrative agency that monitors employer compliance with Title VII, the ADEA, and ADA

10 days

how many days does the EEOC have to notify the alleged violator

180 days

how many days must the aggrieved party file before wit eh federal EEOC