Review of Agency Relationships, Review of Agency Relationships, Legislation that Regulate Employment Legislation that Regulate Employment

Conditions, Benefits, and Conditions, Benefits, and DiscriminationDiscrimination

7.01 SWBAT identify the nature of an agency relationship, contractor & sole 7.01 SWBAT identify the nature of an agency relationship, contractor & sole proprietorship, master & servant, and employer& employee relationships and proprietorship, master & servant, and employer& employee relationships and

recognize when these relationships have been terminatedrecognize when these relationships have been terminated7.01 SWBAT to explain the employment at will doctrine and legislation that affects 7.01 SWBAT to explain the employment at will doctrine and legislation that affects

labor unions and minors. labor unions and minors. 7.01 SWBAT list the legislation that regulate employment conditions, benefits, and 7.01 SWBAT list the legislation that regulate employment conditions, benefits, and

discriminationdiscriminationEssential Question:Essential Question:

1.1. What are the exceptions to the employment at will doctrine?What are the exceptions to the employment at will doctrine? 2. 2.

Warm UpWarm Up

Get a book from book shelfGet a book from book shelf Have a seat in your assigned seatHave a seat in your assigned seat Read chapter summary pg. 408Read chapter summary pg. 408 Questions 8 & 11; Assignment due by 9:10Questions 8 & 11; Assignment due by 9:10

AgendaAgenda

Warm-UpWarm-Up Discussion of warm-upDiscussion of warm-up Review from last class (Federal Laws that Review from last class (Federal Laws that

regulate employment conditions and benefits)regulate employment conditions and benefits) Pre-Test AssessmentPre-Test Assessment Group ActivityGroup Activity Wrap UpWrap Up

AGENCY

Relationship in which one person, called an agent, represents another person, called a principal, in some sort of business transaction with a third party. In most cases a binding contractual agreement is formed.

Principal -> Agent -> Third Party Example: You picked up and paid for a pizza

ordered by a family member.

TYPES OF AGENTS General Agent-given authority to perform any act

within the scope of a business. Special Agent-employed to accomplish a specific

purpose or to do a particular job. Subagents-appointed by another agent. Agent’s Agent-has no power to appoint a subagent

but does so anyway. Coagents-two ore more agents hired by the principal.

RELATIONSHIPS ARE CREATED

By agreement (contract) By law (circumstantial or specific) By statute (special interest of a state)

AGENCY RELATIONSHIPS Gratuitous Agent: agent works for free (no contract) Master: has the right to control the conduct of his or her

servant Independent Contractor: agent is hired by the other party, but

not controlled Partially Disclosed Agent: principal’s existence but not

identity is known to the third party. Fiduciary: relationship is based on trust. Consensual: both parties of a principal/agent relationship

agree or consent to relationship

What is Discrimination?What is Discrimination?

Unequal treatment of individuals based on sex, Unequal treatment of individuals based on sex, age, race, nationality, or religionage, race, nationality, or religion ..

Discrimination can take place in an overt way – Discrimination can take place in an overt way – disparate treatmentdisparate treatment

Or in an indirect manner – disparate impactOr in an indirect manner – disparate impact If you experience discrimination in the workplace

you can contact the EEOC to file a complaint.

http://www.youtube.com/watch?v=H1iE9KHpCvI&feature=related

disparate impact discrimination 2:42disparate impact discrimination 2:42

Employment LawsEmployment Laws National Labor Relations Act of 1935 (Also called the Wagner National Labor Relations Act of 1935 (Also called the Wagner

Act) – employers must include wages, hours, and conditions Act) – employers must include wages, hours, and conditions of employment in collective bargaining agreement.of employment in collective bargaining agreement.

Wagner Act (National Labor Relations Act)Wagner Act (National Labor Relations Act) First federal law dealing with collective bargainingFirst federal law dealing with collective bargaining Encourage collective bargaining, discouraged unfair labor practicesEncourage collective bargaining, discouraged unfair labor practices

Taft-HartleyTaft-Hartley Prevents labor union from requiring an employer to retain employees Prevents labor union from requiring an employer to retain employees

who are no longer neededwho are no longer needed Fair Labor Standards Act of 1938Fair Labor Standards Act of 1938

Restricted child laborRestricted child labor Landrum-Griffin Act Landrum-Griffin Act

Unions must register with Sec. of Labor and submit year financial Unions must register with Sec. of Labor and submit year financial reports.reports.

TYPES OF AUTHORITY Actual-real power given to agent Express-all orders, commands, or directions

given to agent when relationship created Implied-understood acts or powers implied

from express terms

TERMINATION OF RELATIONSHIP

By operation of law Death of principal or agent Bankruptcy Impossibility of performance Agent’s objective becomes illegal

Termination of acts Performance Mutual agreement Agent’s withdrawal Agent’s discharge

Relationships between Employer-Employee

Labor-Management-unions formed to in best interest of employee. Collective bargaining agreement-labor agreement

between an employer and the union. Grievance procedure-steps to resolve disputes.

Professional contracts are generated by professional or executives who negotiate their own contracts.

Collective Bargaining

Contract negotiated by the employer and representative of the labor union.

Employment at Will Employment is not for a stated amount of

time. Employer, without being liable for breach of

contract, could fire the employee and pay him or her for services rendered up to the time of the firing (employee can quit).

Unjust Dismissal Employees have legal grounds against employers

who have treated them unfairly.

Grievance Procedure

Sets up a series of steps employees must take to appeal an employer’s decision that they feel violates just cause.

Due Process is a grievance procedure for government employees.

Laws Wagner Act (National Labor Relations Act)

First federal law dealing with collective bargaining Encourage collective bargaining, discouraged unfair

labor practices Taft-Hartley

Prevents labor union from requiring an employer to retain employees who are no longer needed

Fair Labor Standards Act of 1938 Restricted child labor

Landrum-Griffin Act Unions must register with Sec. of Labor and submit

year financial reports.

Teen Workers Child Labor Laws

DO: Follow all Child Labor Laws that are applicable to your age including:

Hour restrictionsJob restrictions. If you are younger than

18, you may not work in any occupations identified as hazardous.

www.dol.gov/elaws/esa/flsa/docs/haznonag.asp

Sexual Harassment

Quid pro quo harassment – occurs when one worker demands sexual favors from another worker in exchange for some employment-related decision, such as a raise or promotion.

Hostile working environments A pattern of severe and pervasive sexually demeaning

behavior that alters the work environment. Ex. Behavior, comments, jokes, posters, gestures,

pictures, etc.

Laws Regulating Employment Laws Regulating Employment Conditions, Benefits, and DiscriminationConditions, Benefits, and Discrimination Fair Labor Standards ActFair Labor Standards Act Equal Pay Act GroupEqual Pay Act Group Drug-Free Workplace ActDrug-Free Workplace Act Employment Retirement Income Security ActEmployment Retirement Income Security Act Federal Privacy ActFederal Privacy Act Employee Polygraph Protection ActEmployee Polygraph Protection Act Family and Medical Leave ActFamily and Medical Leave Act Social Security ActSocial Security Act

Employment Acts Age Discrimination Employment Act: Forbids discrimination against any

person age 40 or older in hiring, firing, promoting, or other aspects of employment

Older Workers’ Benefit Protection Plan: forbids discrimination against older workers in handling their employee benefit and retirement plans

Americans With Disabilities Act: Forbids discrimination on the basis of a physical or mental disability if disabled individual can perform “essential function” of the job despite the disability.

Civil Rights Act of 1964: Prohibits discriminationFair Labor Standards Act: Restricted child labor Minimum wage Time and a half overtime

Equal Pay Act: equal pay for equal work

OSHA

OSHA – Occupational Safety and Health OSHA – Occupational Safety and Health Administration – sets safely and health standards for Administration – sets safely and health standards for many companies within the US. Businesses with 11 many companies within the US. Businesses with 11 or more employees must meet OSHA’s standardsor more employees must meet OSHA’s standards

OSHA – imposes upon employers the affirmative OSHA – imposes upon employers the affirmative duty to maintain a safe and health work environment; duty to maintain a safe and health work environment; also creates rules that outline the safety steps that also creates rules that outline the safety steps that businesses must maintain. businesses must maintain.

http://www.youtube.com/watch?v=A-TXgSQ-0c4 1:151:15

Wrap UP….Wrap UP….

What did you learn today???What did you learn today??? Tomorrow…..Test on 7.01 Tomorrow…..Test on 7.01 Study, Study, StudyStudy, Study, Study