Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
78 Cards in this Set
- Front
- Back
|
Agency relationship
|
a relationship to which one person acts on behalf of another, subject to that person's control
|
|
|
Principal
|
employer
|
|
|
Agent
|
employee
|
|
|
Issues
|
type of authority agent has in contract situations.
-what is principals liability for the torts of an agent |
|
|
Express authority
|
what you are told to do
|
|
|
Implied authority
|
unstated authority; an extension of express authority
1) To do what is normally done by people in your job. 2) To act in an emergency (flat tire while working) |
|
|
Apparent authority
|
(the appearance of authority)
exists when the principal acts in such a way as to have a 3rd party reasonably believe that the agent had authority. company should inform customers that the agent was fired. |
|
|
Performance
(Duties of an agent) |
act with due care (reasonably)
ex: open cash register |
|
|
Notification
(Duties of an agent) |
agent must inform principal about what is happening with the business.
|
|
|
Loyalty
(Duties of an agent) |
cannot compete against your principal
restaurant example: you cannot steal employees from your current employer. |
|
|
Obedience
(Duties of an agent) |
obey lawful instructions
|
|
|
Accounting
(Duties of an agent) |
inform principal of financial conditions.
|
|
|
Compensation
(Principle's duties to agent) |
agreed upon pay or reasonable if not stated.
|
|
|
Reimbursement and indemnification
(Principle's duties to agent) |
employee gets reimbursed for out of pocket expenses if work related.
|
|
|
Cooperation
(Principle's duties to agent) |
make it possible for employee to do his/her job
|
|
|
Disclosed Principle
|
generally when the purchasing agent does his job, the only parties liable are the principle and the 3rd party.
|
|
|
Partially disclosed principle
|
the 3rd party (home seller) knows of agency relationship but does not know who the principle is.
agent is liable |
|
|
Undisclosed principle
|
the 3rd party is unaware of agency relationship
agent is liable. |
|
|
Respondeat superior (vicarious liablility)
|
The principle is liable for the torts (private wrongs) of his or her agents committed within the scope of their employment.
Rockwell v. Kaplan Rockwell- the principle is liable if he has the right to control. |
|
|
Detour
|
company is liable
|
|
|
Frolic
|
company is not liable
Fiocco v. Carver |
|
|
Intentional acts
|
principle liable if committed within scope of agent's authority.
|
|
|
Independent contractor
|
generally principal (homeowner) is not liable for torts of independent contractors.
|
|
|
Child labor
|
special hour rules for kids
|
|
|
Overtime
|
based on 40 hour week, you can be required to work overtime but you get time and a half
|
|
|
Equal Pay Act of 1963 and exceptions
|
Women cannot be paid less than men for same job
Exceptions: 1) merit increases 2) seniority 3) Piecemeal (paid for production) |
|
|
Occupational Safety and Health Act of 1970
|
purpose- prevent workplace injuries and deaths
duties of employer- create a safe work environment, follow OSHA rules refusal to work- you can refuse to work if the job might get you killed or seriously hurt record keeping- always important (filing OSHA reports) |
|
|
Worker's Compensation
|
Before worker's compensation an injured worker had to sue her/his employer for negligence. (you had to prove duty, breach, injury, proximate cause)
The employer could raise common law defenses: assumption of risk contributory negligence fellow servant rule |
|
|
assumption of risk
|
if the job was dangerous, no recovery.
|
|
|
contributory negligence
|
if the injury partly the employees fault, no recovery.
|
|
|
fellow servant rule
|
if the injury is caused by the negligence of a coworker, no recovery
|
|
|
Purpose of worker's compensation statutes
|
to pay injured workers for work related injuries
|
|
|
Rationale for worker's compensation statutes
|
-you're my worker (cost of doing business)
-costs get spread around society -individual worker won't suffer financially |
|
|
Elements of proof in a worker's compensation claim
|
-show the injury was an accident
-the injury rose from the scope of your employment |
|
|
heart attack
|
might not be work related
|
|
|
bad back
|
might not be work related
|
|
|
traveling to and from work
|
no coverage until parking lot
|
|
|
horseplay
|
(Murray v. the Industrial Commission)
horseplay can be covered |
|
|
Exclusive Remedy
|
though you can collect workers compensation for a workrelated injury, you cannot sue your employer for negligience
|
|
|
Benefits
|
Medical benefits, rehab, missed work, lump sum settlement, death benefits, funeral
|
|
|
Social Security and Medicare
|
Old age insurance, also supports medicare, disability, survivor benefits.
|
|
|
Private Pension plans
|
company is not required to have them but they are regulated
|
|
|
Unemployment Insurance
|
intended to help someone who is fired and looking for work.
1) involuntarily terminated 2) able and available to work 3) seeking employment also you don't get it if fired for misconduct. |
|
|
Family and Medical Leave Act of 1993
|
allows employees to take up to 12 weeks of unpaid leave per year for personal reasons (illness, birth, adoption, family illness)
|
|
|
Employment at will doctrine
|
an employee can quit or be fired for any reason or no reason.
|
|
|
Current trends
|
the doctrine is slowly disappearing.
|
|
|
Fourteenth Amendment Equal Protection Clause
|
No state shall deny anyone equal protection
|
|
|
To determine if a law violates the Equal Protection Clause:
|
1)need state action (a public entity must be doing the discrimination) A private company cannot be sued for violating the equal protection clause
2) then determine what group (protected class) is being discriminated against. a. if race use the strict scrutiny test. 1) a compelling government interest 2)narrowly tailored means (the least discriminating way possible) b. if gender use the heightened scrutiny test. important government interest c. if age or economics use the rational basis test government just needs a reasonable reason. |
|
|
Separate but equal
|
separate but equal schools, restrooms, drinking fountains, etc.
Brown v. Board of Education ruling: separate but equal violates the constitution |
|
|
Affirmative Action
|
plans designed to make up for post discrimination in education, and employment, and to create more diversity.
|
|
|
Bakke case
|
1978
a) University of California-Davis med school had an affirmative action plan b) 16 out of 100 spots held for minority students c) diversity is not compelling Bakke won, the plan was unconstitutional |
|
|
Michigan law school case
|
a) affirmative action program for minorities
b) supreme court ruled that diversity is compelling c) Michigan wanted a critical mass ( not a set number of minorities) Critical mass was not a quota so it was narrowly tailored. Michigan wins. |
|
|
Michigan undergrad case
|
a) plan gave 20/150 points for admission to minority applicant
b) unconstitutional (not narrowly tailored) |
|
|
Plans most likely to be legal
|
a. temporary is more legal than permanent
b. a goal is more legal than a quota |
|
|
Title VII of the Civil Rights Act of 1964
|
to prevent discrimination in the workplace based on race, color, religion, sex, or national orgin.
It applies to companies with 15 or more employees, or 20 or more weeks per year. Applies to private companies |
|
|
disparate treatment
|
obvious discrimination based on a protected class (race, gender, etc)
examples: male desiring to be exotic dancer Walgreen's placement of minority managers in certain stores |
|
|
elements of prima facie case
|
(what plaintiff must prove)
1)belong to a protected class 2) qualified 3) discriminated against 4) others outside your class are treated better |
|
|
defense (BFOQ)
|
Bonafide Occupational Qualification
-the essence of some jobs requires an employee to be a certain gender, religion, or national origin ex:female strippers, priests, ethnic chef/cook |
|
|
Disproportionate (disparate) impact
|
neutral policies that discriminate against a group. ex. height and weight.
defense: legal to do if related to job. |
|
|
Quid pro quo harassment
|
"this for that"
-when job benefits are conditioned on sex -company is automatically liable |
|
|
Hostile environment harassment
|
examples: posters, sex talk, jockeys, leering, asking for dates, emails
|
|
|
Hostile environment elements plaintiff must prove.
|
1) Unwelcome sexual conduct
2) based on gender (including same sex) 3) abusive work environment a)subjectively bothers the victim b)objectively must bother a reasonable person 1)frequency 2) severity 3) was it humiliating? 4) did it cause psycological harm? 4)If the harasser is a coworker, the company knew or should have known and failed to act. If harasser is a supervisor, the company is liable but can raise affirmative defense: 1) We reasonably tried to prevent 2) Employees unreasonably failed to report it |
|
|
Age Discrimination in Employment Act
|
(Not part of Title VII)
elements: 1) Over 40 2) Qualified 3) Discriminated against (not hired, etc) 4) because of age |
|
|
Americans With Disablilities Act
|
Company cannot discriminate against a disabled person who can do the job with or without reasonable accomodations.
exception: if it is too expensive. |
|
|
Deceptive Advertising
|
an ad is deceptive if it tends to mislead a reasonable consumer
puffery (saying that a product is wonderful or great) is not deceptive |
|
|
bait and switch
|
ex: advertising a product at a low price to get people into the store (bait), then either not having it or informing purchasers that it is terrible in an effort to get them to buy something more expensive (switch).
|
|
|
Price claims:
comparison to former price |
the former price must have been in existence for a reasonable amount of time.
|
|
|
Price claims:
listed and suggested retail price |
the list and suggested price must have actually been the price
|
|
|
Price claims:
special deal (fire sale or going out of business sale) |
the price must actually be lower and the event must actually have occured.
|
|
|
Price claims:
two for one, half price, and buy one get one free deals |
the regular price must have existed for a reasonable amount of time.
|
|
|
Price claims:
price elsewhere, our price deals |
the elsewhere price must be the prevailing price in the area.
|
|
|
Cease and desist orders
|
stop the ad
|
|
|
Counteradvertising (listerine example)
|
correct the deceptive ad
|
|
|
Fair packaging and Labeling Act of 1966
|
1) Warnings
2) Rules for such things as printing "Giant" on a box 3)Packaging requirements a)what the product is b)quantity and number of servings c)manufacturer and packager or distributor d)nutritional information The act is enforced by the Department of Health and Human Services. C. The Comprehensive Smokeless Tobacco Health Administration Act of 1986 requires health warnings. |
|
|
Truth in Lending Act
|
this is basically a disclosure act that requires sellers and lenders to disclose credit terms to borrowers so they know what they are getting and can shop around.
|
|
|
credit card rules
|
a. $50 limit if lost…zero after company is informed
b. if unsolicited card is stolen and used…no liability |
|
|
Fair Credit Reporting Act of 1970
|
1. sets out the situations in which it is appropriate for credit agencies to issue a report.
2. if a consumer is denied credit or charged a higher premium or rate because of credit issues, they are entitled to be notified and can get the report |
|
|
Fair Debt Collection Practices Act (1977)
|
1. who it applies to
a. debt collection agencies, including lawyers, that get a percentage of what they collect b. does not apply to regular creditors |
