Legal Chap 13

Front 1

Employment relationships are

Back 1

agency relationships

Front 2

agrees to represent or act for the principal

Back 2

agent

Front 3

has the right to control the agent

Back 3

principal

Front 4

must act for the benefit of the principal only.

Back 4

agent

Front 5

The agent acts on behalf of the principal. involves trust and confidence.

Back 5

fiduciary relationship

Front 6

are not employees because the employer has no control over the details of the performance.

Back 6

Independent contractors

Front 7

express (oral or written words) or implied (by conduct) – authority to act as a parking valet.

Back 7

Agency by Agreement

Front 8

principal approves a contract that a non-agent has entered into for the principal.

Back 8

Agency by Ratification

Front 9

is stopped from denying liability if principal causes a third party to reasonably believe that the person is his or her agent.

Back 9

Agency by Estoppel

Front 10

legal duty to support your family members/spouse

Back 10

Agency by Operation of Law

Front 11

- there is a fiduciary duty for utmost good faith and, if it is breached, there can be recovery for money damages, termination of the agency relationship, injunction and an accountin

Back 11

Duties of Agents and Principals

Front 12

agent agrees to use reasonable diligence and skill in performing the work.

Back 12

Performance

Front 13

agent is required to notify the principal of all matters that come to his or her attention regarding the subject matter of the agency.

Back 13

Notification

Front 14

the agent has the duty to act solely for the benefit of the principal and not in the interest of the agent or a third party. Agent must not reveal confidential information obtained from principal. Agent cannot represent two principals in the same transaction unless there is consent.

Back 14

Loyalty

Front 15

agent must follow all lawful and clearly stated instructions made by the principal. During emergency situations, agent can deviate

Back 15

Obedience

Front 16

agent must account for all property and money received and paid out on behalf of the principal. No intermingling of funds. All gifts received are gifts of the principal

Back 16

Accounting

Front 17

Agents duty to the principal

Back 17

PNLOA

Front 18

timely payment to agent for services rendered. If no amount stated, customary compensation.

Back 18

Compensation

Front 19

principal must reimburse agent for necessary expenses. If principal fails to perform on a contract, principal must compensate agent for cost of defending a lawsuit

Back 19

Reimbursement and Indemnification

Front 20

principal has a duty to cooperate with the agent and assist with the performance of agent=s duties.

Back 20

Cooperation

Front 21

principal must provide a safe working environment, equipment and conditions and has a duty to inspect

Back 21

Safe Working Conditions

Front 22

(can be either actual (express or implied) in clear, direct and definite terms or implied)

Back 22

Agent’s Authority

Front 23

identity of principal is known to third party at time of contract. (principal liable)

Back 23

Disclosed principal

Front 24

third party knows the agent represent a principal but does not know the identity of the principal. (principal liable if agent hasn=t exceeded his authority.

Back 24

Partially disclosed principal

Front 25

third party doesn=t know that the agent is acting as an agent. (agent and principal liable.)

Back 25

Undisclosed principal

Front 26

Agent is liable for his or her own torts and crimes.

Back 26

T

Front 27

Principal is liable for misrepresentations (torts) that the agent makes whether fraudulent or by accident.

Back 27

T

Front 28

the principal is not liable for physical harm caused to a third party by the negligent acts of an independent contractor except for exceptionally hazardous activities

Back 28

Liability for independent contractor’s torts

Front 29

agent liable for own crimes even if within the scope of employment unless the principal participated.

Back 29

Liability for agent’s crimes

Front 30

- federal law - examples - children under 14 can deliver newspapers,
work for parents, entertainment and farm. Children 14-15 can work limited hours. Children 16-18 can work more hours but not in a hazardous job

Back 30

Child Labor

Front 31

employees are paid a minimum wage and time and one-half for hours worked over 40 hours.

Back 31

Wages and Hours

Front 32

C. No overtime for executives, administrative employees or professional employees and outside salespersons

Back 32

t

Front 33

general duty to keep the workplace safe.

Back 33

Occupational Safety and Health Act (OSHA)

Front 34

the Department of Labor makes inspections, makes sure that ladders and railings are safe, while the Department of Health and Human Services does research on safety and health problems.

Back 34

Enforcement Agencies

Front 35

employer cannot fire an employee who files a complaint or who refuses to work in a high-risk area if bodily injury or death might result.

Back 35

Procedures and Violations

Front 36

an employer can purchase insurance from a private insurer or a state fund to pay worker’s compensation benefits for claims by employees or an employer may be self-insured.

Back 36

Worker=s Compensation

Front 37

Employers and employees contribute to FICA taxes.

Back 37

Social Security

Front 38

is a medical insurance program for people 65+ or for people who are disabled.

Back 38

Medicare

Front 39

employers can start a supplemental retirement plan under ERISA.

Back 39

Private Pension Plans

Front 40

employers pay a FUTA tax to cover unemployment compensation to eligible individuals

Back 40

Unemployment Insurance

Front 41

prohibits the elimination of a worker=s medical, optical or dental insurance upon the voluntary or involuntary termination of the worker=s employment

Back 41

COBRA

Front 42

employers with 50+ employees must provide employees up to 12 weeks of unpaid family or medical leave during any 12 month period.

Back 42

Family and Medical Leave Act (FMLA

Front 43

45% of US corporations engage in intrusive employee monitoring practices such as e-mail, voice mail, telephone, computer keystrokes, internet use, video taping job performance, etc.)

Back 43

Electronic Monitoring in the Workplace

Front 44

are prohibited. But, there are exceptions

Back 44

Lie-detector Tests

Front 45

in the interest of public safety, many employers require their employees to submit to drug testing

Back 45

Drug Testing

Front 46

(cannot test for future health problems.)

Back 46

Genetic Testing