Review of Agency Relationships,
Legislation that Regulate Employment
Conditions, Benefits, and
Discrimination
7.01 SWBAT identify the nature of an agency relationship, contractor & sole
proprietorship, master & servant, and employer& employee relationships and
recognize when these relationships have been terminated
7.01 SWBAT to explain the employment at will doctrine and legislation that affects
labor unions and minors.
7.01 SWBAT list the legislation that regulate employment conditions, benefits, and
discrimination
Essential Question:
1.
What are the exceptions to the employment at will doctrine?
2.
2.
Warm Up
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Get a book from book shelf
Have a seat in your assigned seat
Read chapter summary pg. 408
Questions 8 & 11; Assignment due by 9:10
Agenda
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Warm-Up
Discussion of warm-up
Review from last class (Federal Laws that
regulate employment conditions and benefits)
Pre-Test Assessment
Group Activity
Wrap Up
AGENCY
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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
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Example: You picked up and paid for a pizza
ordered by a family member.
TYPES OF AGENTS
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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
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By agreement (contract)
By law (circumstantial or specific)
By statute (special interest of a state)
AGENCY RELATIONSHIPS
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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?
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Unequal treatment of individuals based on sex,
age, race, nationality, or religion.
Discrimination can take place in an overt way –
disparate treatment
Or in an indirect manner – disparate impact
If you experience discrimination in the workplace
you can contact the EEOC to file a complaint.
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http://www.youtube.com/watch?v=H1iE9KHpCvI&f
eature=related
disparate impact discrimination 2:42
Employment Laws
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National Labor Relations Act of 1935 (Also called the Wagner
Act) – employers must include wages, hours, and conditions of
employment in collective bargaining agreement.
Wagner Act (National Labor Relations Act)
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Taft-Hartley
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Prevents labor union from requiring an employer to retain employees
who are no longer needed
Fair Labor Standards Act of 1938
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First federal law dealing with collective bargaining
Encourage collective bargaining, discouraged unfair labor practices
Restricted child labor
Landrum-Griffin Act
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Unions must register with Sec. of Labor and submit year financial
reports.
TYPES OF AUTHORITY
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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
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By operation of law
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Death of principal or agent
Bankruptcy
Impossibility of performance
Agent’s objective becomes illegal
Termination of acts
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Performance
Mutual agreement
Agent’s withdrawal
Agent’s discharge
Relationships between EmployerEmployee
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Labor-Management-unions formed to in best
interest of employee.
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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
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Contract negotiated by the
employer and representative of
the labor union.
Employment at Will
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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
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Employees have legal grounds against employers
who have treated them unfairly.
Grievance Procedure
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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
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Wagner Act (National Labor Relations Act)
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Taft-Hartley
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Prevents labor union from requiring an employer to
retain employees who are no longer needed
Fair Labor Standards Act of 1938
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First federal law dealing with collective bargaining
Encourage collective bargaining, discouraged unfair
labor practices
Restricted child labor
Landrum-Griffin Act
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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 restrictions
Job 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
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Sexual Harassment
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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
Conditions, Benefits, and Discrimination
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Fair Labor Standards Act
Equal Pay Act Group
Drug-Free Workplace Act
Employment Retirement Income Security Act
Federal Privacy Act
Employee Polygraph Protection Act
Family and Medical Leave Act
Social 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
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Older Workers’ Benefit Protection Plan: forbids discrimination against older
workers in handling their employee benefit and retirement plans
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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:
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Prohibits discrimination
Fair Labor Standards Act:
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Restricted child labor
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Minimum wage
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Time and a half overtime
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Equal Pay Act: equal pay for equal work
OSHA
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OSHA – Occupational Safety and Health
Administration – sets safely and health standards for
many companies within the US. Businesses with 11
or more employees must meet OSHA’s standards
OSHA – imposes upon employers the affirmative
duty to maintain a safe and health work environment;
also creates rules that outline the safety steps that
businesses must maintain.
http://www.youtube.com/watch?v=A-TXgSQ-0c4
1:15
Wrap UP….
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What did you learn today???
Tomorrow…..Test on 7.01
Study, Study, Study