BLW 302 Unit 2
IRCA (Immigration Reform and Control Act)
(1986) Immigration Reform and Control Act -offered amnesty to approx. 3.7 million undocumented immigrants who had continuously resided in the U.S. since before Jan. 1, 1982; made it illegal for employers to knowingly hire undocumented workers; failed to solve the problem of undocumented immigration I-9 Verification - The process of verifying the employment eligibility and identity of a new immigrant worker. REQUIRED Documentation includes - Passport - document authorizing a foreign citizen to work in the US, such as a permanent resident card. Penalties -$2,000 each employee first offense - $5,000 for second offense - $11,000 for subsequent offenses
The Right to Strike
- Guaranteed by the NLRA - Protected by 1st Amendment - No violence; no prevention from building
Title VII applies to
-Employers with 15 or more employees -All employment agencies -Labor unions with 15 or more members -State and local governments and their agencies -Most federal government employment When Title VII applies to the employer any employee-including an undocumented worker-can bring an action for employment discrimination
Decision Making Process for Ethical Issues
1. Recognize ethical issues 2. Get the pertinent facts 3. Evaluate the alternatives 4. Make a decision 5. Test and reflect on the outcome of their decision
Termination by Operation of Law
1. lapse of time 2. destruction of the specific subject matter of the offer 3. death or incompetence of the offeror or the offeree 4. supervening illegality of the proposed contract -Death or mental incapacity of the offeror terminates an offer. -Destruction of subject matter terminates offer.
Determining the Scope of Employment
1. whether the employee's act was authorized by the employer 2. the time, place, and purpose of the act 3. whether the act was one commonly performed by employees on behalf of their employers 4. the extent to which the private interests of the employee were involved 5. whether the employer furnished the means or instrumentality by which an injury was inflicted 6. the extend to which the employer's interest was advanced by the act 7. whether employer had reason to know employee would perform action in question 8. whether the act involved the commission of a serious crime
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Fair Labor Standards Act
1938 act which provided for a minimum wage and restricted shipments of goods produced with child labor
Union Organization (Need to Know)
1st step - Authorization card- signed by employees that gives a union permission to act on his or her behalf Present to employer and ask for formal recognition of the union. 2nd - Union Election - if employer wont voluntarily recognize or less than majority of workers sign. NLRB to hold an election on unionization - demonstrate they have at least 30% NLRB holds election ensures secret voting and voter eligibly. if the proposed to bargaining.
National Labor Relations Act
A 1935 law, also known as the Wagner Act, that guarantees workers the right of collective bargaining sets down rules to protect unions and organizers, and created the National Labor Relations Board to regulate labor-management relations.
Prima facie case
A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it.
Employment at Will
A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise. If the employee is an At Will employee can be fired any time for any reason.
Business Necessity
A defense to allegations of employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance.
Labor Management Relations Act (Must Know)
A federal law, enacted in 1947 as an amendment to the NLRA, that prohibits requiring employees to join or continue membership in a union as a condition of employment. Also known as Taft-Hartley Act. Outlawed the Closed Shop - A firm that requires union membership on the part of its workers as a condition of employment Preserved the legality Union shop - A firm that requires all workers, once employed, to become union members within a specific period of time as a condition of their continued employment Prohibited Union from: -Refusing to bargain with employers -Engaging in certain types of picketing -Featherbedding Allowed induvial states to pass Right-to-work law - A state law providing that employees may not require to join a union
Lilly Ledbetter Fair Pay Act of 2009
A federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation and to recover back pay for up to two years preceding the filing of the claim if similar violations occurred during the two-year period.
Disparate-Treatment Discrimination
A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes.
Intentional Discrimination (disparate treatment)
A form of employment discrimination that results when an employer intentionally discriminates against employees who are members of protected classes. Because intent may sometimes be difficult to prove, courts have established procedures for resolving disparate treatment cases.
Fiduciary
A person having a duty created to act primarily for another's A relationship founded on trust and confidence
Cooperation
A principal has a duty to cooperate with the agent and to assist the agent in performing his or her duties
Liability for Agent's Misrepresentation
A principal is exposed to liability whenever a third person sustains a loss due to the agent's misrepresentation. The principal's liability depends on whether the agent was authorized to make representations and whether the representations were in the scope of authority.
Liability for Torts and Crimes
A principal who acts through an agent may be liable for harm resulting from the principal's own negligence or recklessness (improper instructions, providing/authorizing use of improper materials or tools, or establishing improper rules that result in the agent's committing a tort).
Disclosed Principal (Need to Know)
A principal whose identity is known to a third party at the time the agent makes a contract with the third party. Agent has no contractual liability
Partially Disclosed Principal (Need to Know)
A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract. Agent is also treated as a party to the contract
Undisclosed Principal (Need to Know)
A principal whose identity is unknown by a third person, and the third person has no knowledge that the agent is acting for a principal at the time the agent and the third person form a contract. Agent is liable to be indemnified (Compensated) by the principal.
Agency
A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).
equal dignity rule
A rule requiring that an agent's authority be in writing if the contract to be made on behalf of the principal must be in writing. statute of frauds - MYLEGS
Association with disabled persons
A separate provision in the ADA prevents employers from taking adverse employment actions based on stereotypes or assumptions about individuals who associate with people who have disabilities
Harassment by Supervisors
A supervisor must have taken a tangible employment action against the employee. tangible employment action - significant change in employment status or benefits
Constructive Discharge
A termination of employment brought about by making the employee's working conditions so intolerable that the employee reasonably feels compelled to leave.
OSHA Inspections
ARE conducted onsite or via telephone by highly trained compliance officers and always initiated with advance notice.
Reasonable accommodation and undue hardship
Accommodations include changes in facilities, job restructuring, telework, changes in work schedules, employee reassignment to a vacant position, purchase of adaptive devices, etc. To determine 'reasonable accommodation' follow the four-step problem-solving approach. reasonable accommodate that religious practices and sincerely held religious beliefs of its employees unless to do undue hardship to the employer's business
The Worker Adjustment and Retraining Notification Act (WARN) (Must Know)
Act applies to the employers with at least one hundred full time employees. The act requires these employers to provide sixty days notice before implementing - A mass layoff is a layoff of at least one-third of the full-time employees at a particular job sites OR -Closing a plant that employs more than fifty full-time workers. -Companies that anticipate filing for bankruptcy normally must also provide notice under the WARN Act
Norris-LaGuardia Act of 1932
Act that guarantees workers' right to organize and restricts issuance of court injunctions against nonviolent union activity such as strikes, picketing, and boycotts.
Retaliation by Employers
Action would have dissuaded a reasonable worker from making or a discrimination claim protected under Title VII
Termination of an Agency
Agency law is similar to contract law in that both an agency and a contract may be terminated by an act of the parties of by operation of law. For an agent's apparent authority to be terminated, 3rd persons may also need to be notified that the agency has been terminated.
Liability for Agent's Crimes
Agent is liable for her own crimes. Principal is not liable, even if the crime was committed within the scope of employment, unless: Principal participated in the crime. Some states, principals may be liable for agent violation of regulations.
Third Party Knowledge
Agent is not liable
Actions by E-Agents
An "e-agent" is a semiautonomous computer program capable of executing specific tasks on behalf of a principal. E-commerce uses e-agents to create contracts every day.
Agency Coupled with an Interest
An agency, created for the benefit of the agent, in which the agent has some legal right (interest) in the property that is the subject of the agency.
Post-Pregnancy Discrimination
An employer must continue to reasonably accommodate an employee's medical conditions related to pregnancy and childbirth even after the pregnancy has ended.
Wrongful Discharge
An employer's termination of an employee's employment in violation of the law or an employment contract. Can result in liability to the former employee.
Strike
An organized work stoppage intended to force an employer to address union demands.
A Pattern of Conduct
Apparent authority usually comes into existence through a principal's pattern of conduct over time.
Public Policy
Basis that the employer's reason for firing the employee violates a fundamental public policy of the jurisdiction. The courts require that the public policy involved be expressed clearly in the statutory law governing the jurisdiction. Whistleblowing - an employee's disclosure to government authorities upper-level managers, or the media that the employer is engaged in unsafe or illegal activates.
Fostering of Unethical Conduct
Business owners and managers sometimes take more active roles in fostering unethical and illegal conduct, with negative consequences for their businesses.
Private Company Codes of Ethics (not laws but rules)
Company codes are not laws codes of conduct typically outline the company policies on particular issues and indicate how employees are expected to act
To prove this
Comparing employers workforce to the pool of individuals available in the local labor market Plaintiff must show - result of educational or job requirements or hiring procedures - percentage of nonwhites women or members of other protected classes - does not reflect the percentage of the group in the pool of qualified applicants
Common Law Exceptions to Employment at will
Contract Theory Tort Theory Public Policy
Violations of FMLA
Damages to compensate an employee for lost benefits, denied compensation, and actual monetary losses Job reinstatement Promotion, if a promotion has been denied
Principles are classified as (Need to Know)
Disclosed Principal Partially Disclosed Undisclosed
Disparate Impact discrimination (Unintentional Discrimination)
Discrimination that results from certain employer practices or procedures that although not discriminatory on their face have a discriminatory impact.
Lie-Detector Test
Employee Polygraph Protection Act Prohibits employers from requiring suggesting or requesting employees or job applicants to take lie detector test.
H-1B Visa Program
Employee must be qualified in a "specialty occupation" (highly specialized knowledge and a bachelor's degree or higher) stay in US 3-6 years, can only work for sponsoring employer.
Harassment by co-workers and others
Employer generally liable only if employer knew or should have known and failed to take action. Notice to supervisor is sufficient under agency law. Employers may also be liable for harassment by non-employees.
Employer-Employee Relationship
Employer hires employee to perform certain tasks; employer has right to control conduct of employees Employees who deal with third parties are often deemed to be agents
COBRA (Consolidated Omnibus Budget Reconciliation Act)
Enables employees to continue for a limited time their health coverage As an employer is obligated to give sixty days. Employer that does not comply with COBRA risks substantial penalties including a tax up to 10 percent of the annual cost of the group plan or $500,000 whichever is less.
Business Ethics
Ethics in a business context; a consensus of what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting.
Transgender Discrimination
Extended Title VII protection to Sexual Orientation and Sexual Identification. Bostock v. Clayton County 140 S.Ct. 1731 (2020) As of June 15th 2020 it is protected under Title VII.
Tipped Workers
FLSA gives employers a tip credit toward the minimum wage. Employer is required to pay only $2.14 an hour in direct wages if the amount plus tips equals federal minimum wage.
Child Labor
FLSA prohibits oppressive child labor. Children under fourteen years of age are restricted on how many hours per day and per week teh ycan work, and they are allowed to do only the following types of work. Deliver newspaper Work for their parents Be employed in entertainment and agriculture
Minimum Wage
FSLA does require minimum wage must be paid to covered nonexempt employees Most states have their own minimum wages -You must follow your states minimum wage
Ethics has to do with an actions
Fairness, Justness, Rightness, Wrongness
Family and Medical Leave Act (FMLA)
Federal law requiring organizations with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill family member or for an employee's own serious illness; or to take care of urgent needs that arise when a spouse, child, or parent in the National Guard or Reserve is called to active duty
Affordable Care Act (ACA)
Federal legislation passed in 2010 that includes a number of provisions designed to increase access to healthcare, improve the quality of healthcare, and explore new models of delivering and paying for healthcare. 50 or more employees your elgible for the ACA. Know it exists.
Outcome-based ethics
Focuses on the consequences of an action rather than on the nature of the action itself or any set of preestablished moral values or religious beliefs
Liability for Independent Contractor's Torts
Generally, and employer is not liable for physical harm caused to a third person by the negligent act of an independent contractor in the performance of the contract. This is because the employer does not have the right to control the details of an independent contractor's performance. Courts make an exception to this rule when the contract involves unusually hazardous activities, such as blasting operations, the transportation of highly volatile chemicals, or the use of poisonous gases.
Kantian Ethical Principles
German philosopher Immanuel Kant believe that human beings are qualitatively different from other physical objects.
The WARN Act is intended to (Must Know)
Give workers advance notice so they can start looking for new jobs while they are still employed. Alert state agencies so that they can provide training and other resources for displaced workers.
Drug Testing
Government employers are constrained in drug testing by the Fourth Amendment to the U.S. Constitution which prohibits unreasonable searches and seizures. Courts will uphold drug testing of certain employees when drug use in a particular job may threaten public safety. 4th Amendment does not apply to drug testing conducted by private employers. Public company 4th amend applies Private company 4th amend does not apply
I-551 Permanent Resident Card
Green card
H-2, O, L, and E Visas
H-2 - agricultural labor O -Extraordinary ability science sports, science, etc.. L - Company's foreign managers executives E - Investors
Online harassment
Hostile work environment created using company chat, blogs, email Employers can avoid liability with prompt remedial action. Employees may be discharged for using company computers to distribute offensive material to coworkers.
Distinction between "Detour" and "Frolic"
If a servant takes a detour from his master's business, the master is liable for any ensuing tort. If the servant is on a frolic of his or her own, however, the master is not responsible.
Violating the WARN Act (Must Know)
If no warning you can face a fine up to $500 for each day of the violation Employees can recover back pay for each day of violation and Reasonable attorney fees Check the canvas doc.
Occupational Safety and Health Administration (OSHA)
Imposes on employers a general duty to keep the workplace safe. OSHA has establishes specific safety standards that employers must follow, depending on industry. Post certain notices in the workplace Maintain specific records -Employers with eleven or more employees are required to keep occupational injury and illness records for each employee. -Each record must be made available for inspection when requested by an OSHA officer Submit reports.
Sexual-Orientation Harassment
June 15, 2020 is included in title VII
Termination by Act of the Parties (Must Know)
Lapse of time Purpose achieved Occurrence of a specific event Mutual agreement Termination by one party
Grey Areas in the law
Laws cannot codify all ethical requirements Laws may sometimes be difficult to interpret and apply due to a number of reasons.
Labor-Management Reporting and Disclosure Act
Legislation passed in 1959 designed to ensure democratic processes and financial accountability within unions; commonly known as the Landrum-Griffin Act Outlawed Hot-cargo agreement: illegal agreement in which employers voluntarily agree with unions not to handle use or deal with non union
Liability for Contracts (Need to Know)
Liability for contracts formed by an agent depends on how the principal is classified and on whether the actions of the agent were authorized or unauthorized.
Unrealistic Goals for Employees
Managers who set unrealistic production or sales goals increase the probability that employees will act unethicality
Job applications and physical exams
Modifications to applications and selection process so those with disabilities can compete Restrictions on pre-hiring questions and physical exams
Ethics
Moral principles and values applied to social behavior.
Union Elections
Must represent an "appropriate bargaining unit," having similarity of jobs and physical location An election can be held only if at least 30% of the workers will be represented. Employer has control over unionizing activates that take place on company property and during working hours. My limit - Activity of supporters, when and where union solicitation may occur in workplace.
Collective Bargaining
Negotiations between representatives of labor unions and management to determine pay and acceptable working conditions. Negotiate in good faith and make reasonable effort to come to an agreement.
Federal labor laws
Norris-LaGuardia Act National Labor Relations Act Labor-Management Relations Act Labor-Management Reporting and disclosure Act
Industry Ethical Codes (not laws but rules)
Numerous industries have developed codes of ethics Violation of a code may result in the discipline of a n employee or sanctions against a company from the industry organization Internal codes are not laws, so their effectiveness is determined by the commitment of the industry or company leadership enforcing them.
Attitude of Top Management
One of the most important ways to create and maintain an ethical workplace is for top management to demonstrate its commitment to ethical decision making Top management's behavior sets the ethical tone of a firm.
Independent contractor
One who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but may be an agent.
The Foreign Currupt Practices Act (FCPA) enforced by the US Dept of Justice (DOJ) and the Securities and Exchange Commission (SEC)
Payments are permissible: -If they are lawful within the foreign country -For small amounts to minor officials to facilitate or speed up the performance of administrative services -To private foreign companies or other third parties
Immigration Act of 1990
Places caps on the number of visas (entry permits) that can be issued to immigrants each year by a U.S. business. Permanent or Temporary visas
Plaintiff must show (Must Know)
Plaintiff is a member of a protected class applied and was qualified for the job in question was rejected by the employer continued to seek applicants for the position or filled the position with a person not in a protected class Burden shifts to employer-defendant who must articulate a legal reason for not hiring Shifts back to plaintiff who has to prove pretex Know. Plaintiff Prima facie case Shifts to defendant - legal reason for not hiring shifts to plaintiff - prove pretex
Proving Constructive Discharge
Plaintiff must prove intolerable working conditions, which employer knew about and failed to correct Employee's resignation is a foreseeable result of working conditions objective proof of intolerable working conditions show employer knew about conditions and didn't fix Show causation - this is why I quit
Agency by Ratification
Principal either by act or by agreement ratifies conduct of a person who is not in fact an agent
Compensation
Principal has a duty to pay the agent for services rendered and to pay that compensation in a timely manner
Agents Authority
Principal is liable for acts entered into by Agent when she gives Agent either actual or apparent authority
Liability for Agent's Intentional Torts
Principal is liable for torts committed in the scope of employment. Employer is liable for acts which employer knew or should have known the employee had a propensity to commit.
Discrimination in employment act
Prohibits age discrimination against individuals forty years or older
Electronic Communications Privacy Act
Prohibits employers from intercepting an employees personal electronic communications unless they are made on devices and systems furnished by employer
Employment Laws
Regulate the relationship between companies and their workers and give workers significant rights and benefits Social Security Withholding taxes workers comp unemployment comp workplace safety employment discrimination These laws do not apply to Independent contractor
Wage Discrimination Equal Pay Act
Requires equal pay for male and female employees working at the same establishment doing similar work.
Walsh-Healy Act of 1936
Requires that a minimum wage, as well as overtime pay at 1.5 times regular pay rates, be paid to employees
Health Insurance Portability and Accountability Act (HIPAA)
Restricts the manner in which employers collect use and disclose the health information of employees and their families. Failure to comply can result in civil penalties of up to $100 per person per violation cap of $25k
Layoffs (Must Know)
The Worker Adjustment and Retraining Notification Act (WARN)
Ratification
The act of accepting and giving legal force to an obligation that previously was not enforceable. When ratification occurs The principal is bound to the agents act
Notification
The agent is required to notify the principal of all matters that come to his or her attention concerning the subject matter of the agency.
Apparent Authority
The appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created.
Notice of Dangerous Conditions
The employer is charged with knowledge of any dangerous conditions discovered by an employee and pertinent to the employment situation.
Businesses must comply with a host of federal and state laws and regulations.
The environment Financial Reporting Safety standards
Indemnification
The insured is restored to his or her approximate financial position prior to the occurrence of the loss
Indemnification
The insured is restored to his or her approximate financial position prior to the occurrence of the loss Principal is liable to reimburse the agent.
Safe Working Conditions
The principal is required to provide safe working premises, equipment, and conditions for all agents and employees
Wrongful Termination
The termination of an agency contract in violation of the terms of the agency contract. The nonpreaching party may recover damages from the breaching party.
Apparent Authority and Estoppel
Third party reasonably believes (based on actions of principal) that agency relationship exists between principal and another individual
Davis-Bacon Act of 1931
This law requires the payment of "prevailing wages" to employees of contractors and subcontractors working on government construction projects.
Gender must be a determining factor
To succeed in a suit for gender discrimination a plaintiff must demonstrate that gender was a determine factor in the employer's decision to hire fire or promote him or her
Tort Theory
Tort is a civil wrong. Abusive discharge procedures may result in a lawsuit for intentional infliction of emotional distress or defamation. Some courts have permitted workers to sue their employers under the tort theory of fraud. -Fraud may be alleged when an employer makes false promises to a prospective employee.
Employee Travel Time
Travel is part of a person's position, as it is for a traveling salesperson, then travel time is normally considered within the scope of employement
Wages and Working Conditions
U.S. businesses may hire contractors in developing nations that engage in unethical behavior at their worksites.
Overtime Provisions and Exemptions
Under the FLSA, any employee who works more than forty hours per week must be paid no less than 1.5 times his/her regular wage for all hours over forty.
Liability for the Agent's Negligence (Must Know)
Under the doctrine of respondent superior, the principal-employer is liable for any harm caused to a third party by an agent-employee within the scope of employment. This doctrine imposes vicarious liability, or indirect liability, on the employer. 3rd parties injured through the negligence of an employee-agent can sue either that employee or the employer, if the employee's negligent conduct occurred while the employee was acting within the scope of employment.
Accounting
Unless the agent and principal agree otherwise the agent must keep and make available to the principal an account of all property and funds received and paid out the principals behalf.
Illegal Strikes
Violent strikes. Massed picketing. Sit-down strikes. No-strike clause. Secondary boycotts. Wildcat strikes
Apparent Implied Authority
When a principal has placed an agent in a position of apparent authority—making it possible for the agent to defraud a third party—the principal may also be liable for the agent's fraudulent acts.
Obedience
When acting on behalf of the principal an agent has a duty to follow all lawful and clearly stated instructions of the principal
Emergency Powers
When an unforeseen emergency demands action by the agent to protect or preserve the property and rights of the principal, but the agent is unable to communicate with the principal, the agent has emergency power.
Notice of Termination
When the parties terminate an agency, it is the principal's duty to inform any third parties who know of the existence of the agency that it has been terminated.
Equal Employment Opportunity Commission (EEOC)
a federal agency designed to regulate and enforce the provisions of Title VII
Unemployment Insurance
a government program that partially protects workers' incomes when they become unemployed FUTA Federal Unemployment Tax Act. Created a state-administered system taht provides unemployment compensation to eligible individuals who have lost their jobs.
Power of Attorney
a legal document authorizing someone to act on your behalf
Avoidance
agent breaches agency agreement or duties under a contract the principal has the right to avoid any contract entered
Same-Gender Harassment
also prohibited and covered under Title VII
Implied Authority
an agent's authority to do things not specifically authorized in order to carry out express authority
Implied Warranty
an unwritten guarantee that the good or service is fit for the purpose for which it was sold
Employee Status and "Works for Hire"
any copyrighted work created during scope of employment is owned by employer.
Negligence
careless neglect, often resulting in injury
Corporate Social Responsibility (CSR)
concept that corporations can and should act ethically and be accountable to society for their actions CSR is not imposed on corporations by law CSR is most successful when a company undertakes activities that are significant and related to its business operations. Environmental, ethical labor, charitable donations, volunteer work
Many laws are designed to prevent fraudulent conduct in various context
contracts, health care, financial reporting, mortgages, sales
Constructive Trust
created to require a person holding property to transfer it to another because retention would be a wrongful and unjust enrichment of the holder
Disclosure of Confidential Information
disclosure of sensitive information to outside parties
After a Strike Ends
employer has a right to hire permanent replacements during the strike Employer need not terminate the replacement workers when economic strikers return. Some lockouts are illegal.
Exempt from Overtime Pay (Must Know)
executive, administrative professional employees outside salespersons those who create computer code an employer can voluntarily pay overtime to ineligible employees but cannot waive or reduce the overtime requirements of the FLSA
ADEA (Age Discrimination in Employment Act)
forbids discrimination against any person aged 40 or older in hiring, firing, promotion, or other aspect of employment.
Contract Theory
if a contract exists, whether express or implied, that will control the employment arrangement Implied employment contract between the employer and the employee. An employer's oral promises to employees regarding discharge policy may also be considered part of an implied contract. If the employer fires a worker in a manner contrary to what was promised, a court may hold that employer has violated the implied contract and is liable for damages.
Agency by Estoppel
is an agency relationship that is created because the principal's action caused a third party to believe that an agency relationship exists.
electronic monitoring (EM)
more than half of employers engage in some form of electronic monitoring of their employees. Review their employees e-mail social media post etc.. Take video recordings of their employees at work record their employees telephone conversations Listen to their employees voice mail
Businesspersons should exhibit integrity in their dealings with
other people in the company other businesses clients the community
NLRA Board
oversees union elections prevent employers from engaging in unfair and illegal union activities and unfair labor practices. NLRB may issue a cease-and-desist order if violations are found.
innocent misrepresentation
party to a contract does not know that a statement he or she made is untrue
Agent's Duties to the Principal
performance, notification, loyalty, obedience, accounting
Sexual Harassment
prohibited from Title VII Can not demand sexual favors in return for job promotions or other benefits, or language or conduct that is so sexually offensive Quid pro quo Hostile environment
Pregnancy Discrimination Act of 1978
prohibits discrimination against women in employment decisions on the basis of pregnancy, childbirth, and related medical decisions
Title VII of the Civil Rights Act of 1964 (Must Know)
prohibits employment agencies, employers, and unions from discriminating against applicants and employees on the basis of race, color, religion, national origin, or sex. Bans discrimination at any stage of employment The hiring process, Discipline procedures, discharge, promotion, benefits.
Title VII (Must Know)
prohibits employment discrimination based on race, color, religion, sex and national origin
Substance Abusers
socioeconomic problems result from the financial strain of the cost of drugs, criminal convictions from illegal activities used to obtain drugs, communicable disease from sharing drug paraphernalia, and family breakdown
Workers Compensation Law
state statutes that provide for awards to workers or their dependents if a worker incurs an injury or an illness in the course of employment. Under such laws, the worker is freed from bringing a legal action to prove negligence by the employer Not covered Domestic workers agricultural workers Temp workers Drivers
Loyalty
the agent has a duty to act solely for the benefit of his or her principal and not in the interest of the agent or a third party.
Outsourcing
the practice by which a company hires an outside firm or individual to perform work rather than hiring employees.
Reimbursement and Indemnification
the principal has a duty to reimburse or indemnify the agent for any authorized expenditures or any losses the agent incurs in the course of working on behalf of the principal
Principles Of Rights
the principles that human beings have certain fundamental rights. A key factor in determining whether an action is ethical is how it affects others' rights A potential dilemma for those who support rights theory is that they may disagree on which rights are most important.
Health-Insurance Plans
to pay for the costs of health care, most people rely on it. without insurance, the cost of an illness can mean financial diaster for an individual or a family
Performance
use reasonable diligence and skill in performing the work. USE A REASONABLE PERSON STANDARD
Agency by Operation of Law
when the law imposes on a principal the consequence of an agency that was not otherwise accepted, usually in an emergency or other unusual situation
A Four-Part Analysis
will assist the firm in making decisions that not only maximize profits but also reflect good corporate citizenship The legal implications of each decision The public relations impact The safety risks for consumers and employees The financial implications