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Age Discrimination in Employment Act (ADEA)
to protect persons age 40 or over from employment discrimination by the federal goverment
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Agency
the making of contracts with 3rd persons on behalf of the principal that distinguishes
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Agency by estoppel
arises when a person by words or conduct leads another person to believe that a 3rd person party is an agent
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Agent
person appointed to contract on behalf of another
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American Disabilities Act (ADA of 1990)
- applies to employers of 15 or more employees, prohibits employment discrimination against qualified people with disabilities.
- 1. Physical or mental imparment
- 2. Sustantial limitation of one or more major life activities
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Attorney in fact
is a general agent who has been appointed by a written authorization
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Broker
agent with job of bringing two contracting parties together
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Civil Rights Act (1964)
most important law governing employment discrimination & also harassment on the basis of race, color, religion, sex & national orgin is Title VII of federal Civil Rights Act.
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Collective barganing
process by which employer & union negotiate & agree on terms of employment
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Disparate impact
fair policy disproportionately affecting protected class
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Disparate treatment
International discrimination against a particular individual
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Dissolution
termination of corporation's operations except activities needed for liquidation
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Durable power of attorney
appointment of agency that survives incapacity of principal
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Employement at will
Employment terminable by employer or employee for any reason
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Equal Pay Act (1963)
- That employers pay men & woman equal pay for equal work.
- 1. Seniority system
- 2. merit system
- 3. Quanity or quality of production
- 4. Diffenential resulting from any factor other than sex
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Factor
Bailee seeking to sell property on commission
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Factor del credere
Factor who sells on credit & guarantees price will be paid
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Fair Labor Standards Act (FLSA)
- has two objectives:
- *placed a floor, regardless of economic conditions, under wages of employees engaged in interstate commerce (trade among or between states)
- *discouraged a long work week & this spread employement
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Family Medical Leave Act (FMLA)
- allows employees the right to take leaves when family circumstances or illnesses. Allowing an employee to take unpaid leave of up to 12 work weeks in a 12-month period:
- 1. Birth, adoption, foster care of the employee's child
- 2. Care for employee's spouse, child, or parent with a serious health condition
- 3. Serious health condition that makes the employee unable to perform the job
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Fellow servant
Employee with same status & working with another worker
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General agent
Agent Authorized to carry out particular kind of business or all business at a place
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Hostile work enviroment
alteration of terms or conditions of employment by harrasement
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Hot cargo agreement
Agreement employer will not use nonunion materials
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Independent contractor
one who contracts to do jobs and is controlled only by contract as to how performed
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Landrum-Griffin Act
- (LMRDA) Labor-Management Reporting & Disclosure Act
- to protect union memebers from improper conduct by union officials it also contains a bill of right for union memebers
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OSHA
- (Williams-Steiger Occupational Saftey & Health Act in 1970)
- to ensure safe and healthful working conditions
- (Occupational Satey & Health Administration)
- administers the act & issues standards with which employers & employees must comply.
- carries out job-site inspections
- employers must maintain detailed records of work-related deaths, injuries & illness
- provides fines for violations, including penalties of up to $1000 per day for failure to correct violations withing the alloted time.
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Power of attorney
Writing appointing an agent
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Principal
party primarily liable; person who appoints another to contract with third parties
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Protected class
group protected by antidiscrimination laws
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Ratification
approval of unauthorized act; adult indicating contract made while a minor is binding
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Respondeat Superior
theory imposing liability on employers for torts of employees
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Secondary boycott
attempt by employees to stop 3rd party dealing with employer
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Shop right
Employer's right to use employee's invention without payment of royalty
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Special agent
agent authorized to transact specific act or acts
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Strike
temporary, concerted action of workers to withhold their services from employer
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Taft-Hartley Act
- (LMRA The National Labor Relations Act of 1935 (NLRA) known as Wagner Act expanded by the federal Labor Managment Relations Act of 1947)
- sought to create bargaining equality between employers & employees by permitting union activity.
- 1. railroad industry, covered by Railway Labor Act of 1947
- 2. Supervisory employees, who are considered part of managment
- 3. Goverments or polictical subdivisions of goverments
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Wagner Act
- (NLRA)The National Labor Relations Act of 1935 (NLRA) known as Wagner Act expanded by the federal Labor Managment Relations Act of 1947)sought to create bargaining equality between employers & employees by permitting union activity.
- 1. railroad industry, covered by Railway Labor Act of 1947
- 2. Supervisory employees, who are considered part of managment
- 3. Goverments or polictical subdivisions of goverments
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Labor Management Relations Act has 5 major provisions:
- 1. continuation of the National Labor Relations Board (NLRB) created by the National Labor Relations Act
- 2. declaration as to the rights of employees
- 3. declaration as to the rights of employers
- 4. prohibition of employers' unfair labor practices
- 5. prohibition of unfair union practices
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Agent's duties to the principal
- 1. Compensation
- 2. Reimbursement
- 3. Indemnification
- 4. Abidance by the terms of the contract
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Duties & Liabilities of the employer
- Under the common law, the employer had five well-defined duties:
- 1. Duty to exercise care
- 2. Duty to provide a reasonably safe place to work
- 3. Duty to provide safe tools & appliance
- 4. Duty to instruct employees with reference to the dangerous nature of employment
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Employees duties to the employer
- employee owes certain duties tothe employer. Failure to comply with these duties may result in discharge.
- 1. Job performance
- 2. business confidentiality
- 3. granting of right to use inventions
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Four provisions of Social Security Act
- Federal Social Security Act:
- 1. Old-age & survivors' insurance
- 2. Assistance to persons in financial need
- 3. Unemployment compensation
- 4. Disability & Medicare benefits
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Methods of creating an agency
- 1. appointment
- 2. Ratification
- 3. Estoppel
- 4. Necessity
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Principal's duties to the agent
- an agent owes the following important duties to the principal:
- 1. loyalty and good faith
- 2. obedience
- 3. Reasonable skill & diligence
- 4. Accounting
- 5. information
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Termination of an agency by acts of the parties
- 1. Original agreement
- 2. Subsequent agreement
- 3. Revocation
- 4. Renunciation by the agent
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Termination of an agency by operation of law
- 1. Subsequent illegality
- 2. death or incapacity
- 3. destruction
- 4. bankruptcy
- 5. dissolution
- 6. war
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Types of Authority
- 1. Express Authority
- 2. Implied Authority
- 3. Customary Authority
- 4. Apparent Authority
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Implied Authority
agent's authority to do things in order to carry out express authority
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Cutomary Authority
Authority agent possesses by custom
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Apparent Authority
Authority agent believed to have because of principal's behavior
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Express Authority
Authority of agent state in agreement creating agency
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