REVIEW AGENCY RELATIONSHIP An AGENCY is a relationship

REVIEW

AGENCY RELATIONSHIP An AGENCY is a relationship between two parties that allows one of the parties to act so as to legally bind the other Principal: The person who authorizes another to enter into legal relationships on his or her behalf Agent: The party that was authorized

THE AGENT The agent must act within the granted Scope of Authority: that which they have been authorized to do by the principal When the agent works for free (no consideration) and there is no contract; the agency is called a gratuitous agency.

GRANTING AUTHORITY Express Authority: specific authority that is communicated directly by the principal to the agent may be oral or written Written – Power of Attorney Implied Authority: power to do anything that is reasonably necessary or customary to carry out the duties that were expressly authorized

AGENTS DUTIES TO THE PRINCIPAL Fiduciary: put the interests of the principal ahead of your own Loyalty: the agent may not secretly benefit from the transaction Obedience: you must follow principal’s instructions Reasonable Care and Skill: you must act with the care and skill of a reasonably prudent person Confidentiality: You must keep information private and deal with caution. Accounting: You must account for all principal’s money and property that comes into your possession. No Commingling! (Mixing their funds with your funds) You must keep their money in a Trust Account.

EMPLOYMENT QUESTIONS What type of questions can a potential employer not ask during an interview? Protected Classes Race and Color Gender Pregnancy Age Religion Disability National Origin

UNIONS What is a union? Collective Bargaining: The process whereby the union and the employer negotiate a contract of employment that binds both sides. Yellow Dog Contracts: You agree to not join a union, and if you do you will be discharged immediately.

LEGAL ACTS REGARDING UNIONS Wagner Act- require that employers treat unions fairly by allowing them to organize, carry out collective bargaining agreements… Taft-Hartley Act- requires that unions treat employees and management fairly Landrum-Griffin Act- Union members have full voice in decision making.

ADA Americans with Disability Act (ADA) means that you can’t discriminate against disabled persons on the basis of their disability. Anyone who can perform the essential functions of the job or who could perform them with reasonable accommodation.

FAIR LABOR STANDARDS ACT Sets a minimum Wage. Sets maximum number of hours one can work in a week Illegal to work under 14 years of age unless… See Law Brief on page 411

EEOC Equal Employment Opportunity Commission was created under the Civil Rights Act of 1964. It gave authority to this commission to investigate and settle complaints of job discrimination or even prosecute. They can even enforce an affirmative action plan

DISPARATE TREATMENT Disparate treatment is intentionally discriminating against an individual or group. Disparate Impact is discriminating based on job requirements. Example: Must be 6’ tall to be a prison guard Educational Requirements & Agility Tests: are not meant to be disparate, but may end up being as such Defense of Business Necessity

UNEMPLOYMENT INSURANCE Businesses are required to have through the government or a private insurance fund. Money is paid to workers who have lost their jobs through no fault of their own. Meant to be short term income.

WORKERS COMPENSATION INSURANCE Businesses are required to have through the government or a private insurance fund. It is insurance that compensates employees for injuries on the job. It pays for the medical costs and partial salary. Pays regardless of fault.

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