business law exam 4

agency relationship

When a person or company agrees to act for another (often in an employment relationship)

agent

• acts on behalf of a principle (employee)

principle

• grants power to the agent (employer)

an agent binds the principle if acting within authority!

an agency relationshipo is created by

agreement, like power of attorney

ratification

• you do something for someone else without total power but the principle says its ok

estoppel

• reasonable reliance

law

authority types

actual authority

• specifically granted by the principle

apparent authority

• third party reasonably believes authority exists

duties in agency

principle duties

• cooperate, compensate, reimburse, indemnify (if the agent gets sued the principle defends + pays anything they would owe)

agent’s duties

• loyalty, obedience/performance, reasonable care, account (assessment of what you have done), inform, fiduciary duty (acting for the best of the principle)

employee vs independent contractor

control (hours, meetings, schedule)

supervision (bosses)

tools (office, resources)

payment structure (do you. get paid directly by people or weekly)

benefits of independent contractors

employer does not pay:

• social security, workers’ compensation, unemployment benefits, other benefits

employment at will:

can be terminated anytime unless contract/law restricts

most people are employement at will

cannot be terminated for:

• basis is that employee refusted to commit illegal act

• employee performed a public duty like service or jury duty

• employee acted within legal rights, like filing a WC claim

• illegal discrimination

employer liability

vicarious liability

• employers liable for employee’s actions within scope

negligent hiring

• liability for hiring unfit employees

indemnification

• the principle paying for, or to insuring againts, damages or losses the agent suffered while undertaking duties for the principle

employee rights & protections

wrongful termination

• broad - violates federal, state, and contractual laws

retalitaory discharge

• Specific type - employer fires an employee for engaging in protected activity (medical, complaint, whistleblowing)

non-compete agreements

must have reasonable duration and geographic limits

• smaller geography the better chance you get it enforced

• same with shorter duration

becoming harder to enforce

can employees enforce drug-free workplace

yes

OSHA

occupational safety and health administration

• requires safe workplace

• gov can inspect even without a warrant

workers compensation

compensates employees for workplace injuries

• medical bills + wages (2/3)

• NO pain and suffering compensation tho

• you don’t have to prove duty, breach of duty, causation, or negligence

designed to quickly provide wages + medical care

does NOT depend on negligence of employer

is required for employers

no right to sue (if someone beside employer is negligent you can sue them)

workers compensation requirements

an injury occurred

injury was the result of an accident of occupational disease

injury arose out of, or in the course of, employment

family & medical leave act

allows employees to take up to 12 weeks of upaid leave

can be used for:

• serious illness or disability

• serious illness or disability of spouse, child, or parent

• childbirth or adoption

doesn’t have to be continuous

union rights & collective bargaining

NLRA (national labor relations act)

employees have a right to self organize into a union

collective bargaining

• employers and unions negotiate employment terms

right-to-work laws

• prohibit mandatory union duties

unfair labor practices

• threats like to fire employees or loss of benefits

• threats like a plant will close

• question employees about union activites

• retaliation

• promise benefits if there is no union

strike vs. lockout

a work stoppage used by employees

used to pressure employers to accept certain terms

employee’s counterpart to a lockout

• Lockout:

  • Employer prevents employees from working due to a dispute

  • Used to pressure employees to accept certain terms

  • Employer’s counterpart to a strike

public duty doctrine is ____

NARROW

jury duty + armed forces = required

reporting sex offender is not required

An employer can discharge an employee at any time for any reason except…

contract

discrimination

equal pay act - equivalent jobs

men and woman must recieve equal pay when job is equivelent in

• skill

• effort

• responsiblity

• working conditions

permitted reasons for different pay

• seniority system

• merit

• productivity-based

• any factor other than sex

whats the most important anti-discrimination law

Title VII of the Civil Rights Act

employer coverage

federal anti-discrimination laws apply to employers with 15 + employees

BUT state laws apply to nearly every business

discrimination is prohibited based on

race

color

religion

sex

national origin

employers cannot

fail to hire

refuse to hire

discharge

offer different compensation

offer different terms / conditions

offer different privileges of employment

religious exemption

• “This subchapter shall not apply to any employer with respect to… a religious corporation association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities”

who has the burden of proof in discrimination cases?

the plaintiff typically

• but in discrimination the plaintiff just has to show it looks like discrimination

• its hard

• the worker has to give some evidence of discrimination such as they hired a man after firing woman

• then the burden shifts to the employer to convince the jury they had non-discriminatory reasons

religious accommodations

emplooyers must make reasonable accommodations unless it causes an undue burden

sexual harassment

• Includes

  • Unwelcome sexual advances

  • Requests for sexual favors

  • Conduct creating a hostile work environment 

    • Prohibited as sex discrimination

    • Examples include:

      • Discussing sexual activities

      • Commentating on physical attributes

      • Unnecessary touching

      • Offensive language

      • Displaying suggestive images

age discrimination

prohibited for workers 40+ but permitted for younger workers

military and genetic discrimination

not permittedfi

filing a discrimination charge

victims file a charge with the EEOC within 180 days

EEOC actions

equal employment opportunity commission

• If no agreement is reached:

  • If EEOC believes discrimination occurred, then EEOC issues a ‘Right to Sue’ letter

  • If EEOC does NOT believe discrimination occurred, then it dismisses complaint

discrimination lawsuits

normall the EEOC and federal gov are NOT involved in this civil litigation

constructive discharge

occurs when an employee quits due to an illegal hostile work environment (essentially, they forced them to quit)

pretext in discrimination cases

when an employer gives a false nondiscriinatory reason for discrimination

damages in discrimination cases

• Courts can order:

  • Back pay

  • Future pay

  • Compensatory damages

  • Punitive damages

  • Attorney fees

affirmative action

• Programs designed to remedy discrimination in hiring, training, and promotions

• For 50 years, have been legal, but now many, if not all, are considered illegall

disability discrimination

• The Rehabilitation Act of 1972 AND Americans With Disability Act prohibits discrimination based on disability

• Reasonable accommodations

  • Make facilities accessible

  • Restructure jobs

  • Modify schedules

  • Acquire or modify equipment

  • Modify tests, training materials, or policies

  • Provide readers for interpreters

  • Reassign to vacant positions

undue hardships

employers do not have to accommodate if it causes undue hardship

• if they have millions of dollars its hard to prove as hardship

with a reasonable accommodation, the person must be able to perform the essential functions of the job

job interviews with disabilities

Employers cannot ask candidates about disabilities during interviews

The employer must provide reasonable accommodations so the employee can perform the essential functions 

interavtive process -coming up with solution