Agency, Employment, Employment Discrimination L201 Unit 4 (heavily tested on final exam)

restaurant employee regulations (department of labor regulations)

$2.13/hr + tips, employer must pay enough to reach minimum wage

to file for title VII, how many players must be apart of the company

15+ employees

discrimination on the basis of religion defenses

BFOQ (absolutely necessary) - primarily religious institutions ex. catholic schools - restaurant only serves pork (affects group that dont eat pork) - open on religious holidays ex. only open on sundays - uniform for job - facial hair

discrimination on basis of race or color

BFOQ (absolutely necessary) possible neutral requirement but targets more than one race Business necessity not valid job requirement

what can the 12 month unpaid leave from the Family and medical Leave Act be used for

Birth and care of a newborn child, or adoption of a child Care of an immediate family member with a serious health condition Employee who is unable to work due to his/her own serious health condition *can break up the months, doesn't have to be one chunk *small employer=not entitled to leave. Has to be 50+ employees there *cannot be independent contractor *must have worked there for 12 months *must have worked ~25hrs/wk can use this for sick/vacation/substance abuse treatment leave

policy of lifting 200 lbs, heaving lifting, movers, security

Disparate Impact gender

Alex, employee at Home Depot, is restocking the top chelves of the chainsaw aisle when he accidentally drops a box that hits Sharon, a customer, severely injuring her. Sharon sues Home Depot for her injuries. What is the result?

Home Depot can be sued for this because Alex is an employee within scope of employment

Jim, an H&R Block employee, leaves work two hours early when his wife goes into labor with their first child A few minutes later, while driving to the hospital, Jim gets into a traffic accident with Francis Francis sues H&R Block for the damages he sustained in the accident. What is the result

Jim is an employee but not in scope of employment when accident occurred, H&R Block is not liable

example of tort liability

Kroger employee doesnt clean up mess in time. Person slips, when is Kroger liable? depends on if employee is independent contractor or worker at Kroger

Ginny hires Vic as an independent contractor to install a new computer system at her business While carrying computer equipment into Ginny's office, Vic trips and falls, causing Terrence to swerve out of the way to avoid hitting him with his car As a result, Terrence hits a wall, and he sues Ginny for the damage to his car. What is the result?

No unless he is doing something inherently dangerous. Vic is independent contractor. Ginny is not responsible.

business necessity- discrimination on basis on national origin

P.R. diplomat professor translator

After inheriting a house from his grandmother in another state, David hires Nell, a real estate agent, to sell the property for him Without notifying David, Nell advertises the property in the local newspaper Upon receiving the bill for the ad, David refuses to pay it since he never agreed to it What is this situation

You have to pay because it is implied, asked Nell to sell property for David, Nell had implied authority for this action

disability in title VII is

a separate statute

duty of loyalty (agent responsibilities)

act in principal's best interest which means info cannot be used for personal interests and cannot represent both sides of transaction without consent

frolic and detour

activity occurring outside of employment - principle is liable if employee is simply on a detour from company business and only when an employyee is on this will the principle not be liable

lapse of time

after time passed, agent doesnt represent principal anymore

apparent authority

agency arises through principle leading others to believe that he has an agent ex. fired employee

implied authority

agency inferred from the acts of an agent who holds a position of authority; authorization inferred based on job position/title with company

undisclosed principal

agent acts without disclosing the existence or identity of the principal to the third party - third party is unknown - if third party is undisclosed/unidentified, agent is liable for unidentified and undisclosed principle situation - if principal if found out through litigation, assuming there is authorization, principal is liable

express authority (writing or verbal)

agent agrees principal has authority to contract on his behalf ex. car dealer says buyer has authority to negotiate price

compensation (principal responsibilities)

agent paid to represent employer

Family and medical Leave Act

allows eligible employees to take up to 12 weeks of unpiad leave during 12-month period

Alice has worked as an event planner for Patty for 10 years. A frequently enters into contracts on P's behalf. After Alice is fired, she enters into a catering contract (with a caterer she has worked with in the past) on P's behalf. When the food is delivered the following week, P refuses to pay for it. What type of authority is this?

apparent authority because she notified caterer that Alice is no longer working anymore

what else besides sexual orientation is not protected federally by title VII

attractiveness

elements of principle's contractual liability for agent's conduct

authority disclosure

disparate impact

business necessity (policy is job related) definition: employer's practices or policies had discriminatory effect/impact on protected group but policy is facially neutral, i.e, doesn't explicitly mention protected classes

when did civil rights of act 1964 (title VII) happen

came within Johnson administration and after MLK assassination

if someone gets worker's comp benefits,

cannot sue for negligence. cannot do both

Agency

consensual relationship under which one person (the agent/employee) acts on another's (the principal/employer) behalf and subject to his/her control

differentiating between employees and independent contractors

control employer exercises over details of work, is employer engaged in occupation distinct from that of employer, how long person is employed, method of payment, is type of work done under employer's control, does employer supply necessary tools for the work, degree of skill required

What does the Fair Labor Standard Act deal with

deals with minimum wage ($7.25) and max hours (40 hrs/wk) if you work more than 40 hrs, you are eligible for overtime

by operation of law

death or bankruptcy, task goes awry so purpose is lost due to unforeseeable consequences

what does te prohibited discrimination include in civil rights act of 1964 (title VII)

discharge, refusal to hire, compensation, terms, conditions or privileges of employment (including promotion)

Bona Fide Occupational Qualifications (BFOQ) defense

discrimination on basis of religion, sex, or national origin mat be permissible when absolutely necessary for the job

policy of having to be 6ft tall worker

disparate impact gender case

types of cases for litigating discrimination

disparate treatment disparate impact

termination by the principal or agent

either side can terminate contract

timeline of employee being employed between employee and independent contractor

employee has no time frame of employment while independent contractor controls it him/herself

employee vs independent contractor on method of payment

employee is paid on bi-weekly fashion while independent contractor does task for money

worker's compensation

employee's acceptance of worker's comp benefits bars the employee from suing for injuries caused by employer's negligence employee can file insurance claim for injury on the job to get paid, benefits, and medical bills paid injured on the job and accidental no fault

principal is also known as

employer

vicarious contract liability

employer and employee under contracct where employee represents employer in daily business duties

disparate treatment

employer intentionally discriminated against the plaintiff (direct discrimination) BFOQ defense (absolutely necessary)

control employer exercises over details of the work between employees and independent contractors

employers have lots of control over employee work while independent contractors are not controlled at all

corresponding to defense of disparate impact in discrimination on basis of religion

even if there is business necessity, employer must make reasonable accommodation for religion - must not have undue hardship on employer (financial and administrative)

BFOQ in discrimination on basis of sex

exotic dancing, actor, actress

P is bound by contract if agent has authority which involves what three pieces

expressed, implied, apparent

Stuart, a wealthy owner of several championship race horses, hires Tracy to purchase a particular promising thoroughbred for him from its owner Stuart instructs Tracy to keep his identity secret so that the owner doesn't raise the asking price Tracy enters into a contract to buy the horse from Parker, telling Parker only that she is buying it for a friend Is Tracy bound by the contract? If Parker discovers Tracy is acting on Stuart's behalf, is Stuart bound by the contract?

expressly authorized, undisclosed/unidentified principle Tracy is bound by contract as agent, being paid tons of money If parker discovers Tracy is part of contract, he is bound as well

why not sue employer for tort believing it is their fault

fear of retaliation awkward breach of duty

independent contractor involves

freelance work

Process of filing for title VII

go through EEOC (equal employment opportunity commission)

before worker's comp

had to sue employer for tort believing it is their fault

department of labor regulations for unpaid internships

has to be educational experience, no illegal free work employer shouldnt get immediate economic benefit from this

degree of skill required between independent contractor and employee

independent contractor is specialized/highly skilled while employee is not

it is in the employer's best interest to be an _______________________ but what is the problem with this

independent contractor, company is not liable for injuries on the job, federal protections

exceptions to independent contractor tort liability in principle's liability for agent's conduct

inherently dangerous activities and negligently-hired independent contractor

sexual harrassment can involve

lawsuit for tort

respondent superior

let the master reply (vicarious tort liability)

seasonal, recreational work (department of labor regulations)

lifeguard golf course work waterpark/haunted house MLB farm work domestic health

hostile work environment (committed by co-workers or supervisors)

making work environment uncomfortable for others to work in through action or talk - have to tell employer that this is happening

overtime for department of labor regulations

manager exception

agent commits tort is considered to be

negligence

Louise hires Kevin as an independent contractor to trim a tree at the front of her property, even though she knows he has no experience Kevin cuts a limb from the tree, and when it falls it hits Roberta as she is walking by on the sidewalk Roberta sues Louise for the injuries she sustains. What is the result of this case?

negligent hiring of independent contractor, liable for negligent activity

discrimination on basis of sex (gender no sexual orientation) - disparate treatment case

not given promotion or hired because of gender

problem with occupational safety and health admin

not much enforcement/resources, penalties are low

duty of obedience (agent responsibilities)

obeying your employer, doing what you are asked to do no matter what

Nat'l origin BFOQ

olympics, national security dubs

purpose achieved

once goal is done, no more representation

retaliation litigating discrimination case

opens up to additional lawsuit and damages

Employment-at-will meaning and what country represents this?

option to come and go in the employment system. Employee can quit anytime and employer can fire employee anytime - soem on contract - early notices of release - most people are this

sue employer negligence

pain and suffering punitives

indemnification

pay agents for expenses in carrying out principal's orders e.g., travel expenses, can sue agent for costing business money or going beyond instructions given

inherently dangerous activities

person engaging in work is liable for torts

negligently-hired independent contractor

person hired has multiple problems, liable for torts if something goes wrong because of lack of background check

agent

person who acts on behalf of the principal (employee or independent contractor)

business necessity defense

policy is job-related

religion BFOQ

primarily religious institutions, minister/rabbi

EEOC (equal employment opportunity commission)

primary enforcement responsibility - claim is filed here, investigation happens, determine if violation or not, if violation- negotiate settlement, if no violation, can go to federal court to file claim

express authority

principle expressly instructs an employee to act on its behalf

independent contractor for tort liability in principle's liability for agent's conduct

principle is generally not liable for torts by independent contractors

tort liability for employees

principle is liable for both intentional and negligent conduct of employees while acting in the scope of employment

scope of employment

principle is responsible if employee on the job ex. grocery store clerk's negligence for not cleaning up messy floor before customer slip, clerk responsible for negligence suit

civil rights act of 1964 (Title VII)

prohibits discrimination based on race, color, religion, sex (gender), or national origin

There is never BFOQ for

race or color discrimination

Occupational Safety and Health Administration

regulates hazardous conditions in the workplace

Fair Labor Standards Act

regulates minimum wage and maximum hour laws

department of labor regulations

restaurant employees upaid internships seasonal, recreational work overtime

discrimination on basis of national origin

scholarships (D.T), language requirement (D.I.), jobs (BFOQ)

what is not federally protected but 18 states protect this in title VII

sexual orientation

unintentional discrimination

still illegal no matter the intent, title XII violation

quid pro quo

this for that, when supervisor or person of power at job is explicitly/implicitly threatening you in exchange for tolerating sexual harrassment (employer automatically liable, disparate quid pro quo treatment)

agent is liable if there are what two types of principles

undisclosed or partially disclosed principle

duty of care (agent responsibilities)

using same amount of care in business as your own, representing business well

tort liability

varies depending on whether the agent is an employee or an independent contractor

ratification

when a principle voluntarily decides to honor an agreement entered by someone without proper authority, creates apparent authority in the future

vicarious tort liability

when is it the employer's responsibility? Can sue employee for recklessness but can you sue employer for more money? Between employee and independent contractor

unidentified principal

when the third party knows that the agent is acting for a principal, but does not know who the principal is

disclosed principal

when the third party knows that the agent is acting on behalf of a principal and knows who the principal is

options if injured on the job

workers comp or sue employer for negligence

does employer supply necessary tools for the work between employee and independent contractor

yes for employees and worker supplies own office/equipment for independent contractor