Review 5

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memaryme12
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29160
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Review 5
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2010-08-07 19:45:07
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Business Law
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Study Guide
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  1. Age Discrimination in Employment Act (ADEA)
    to protect persons age 40 or over from employment discrimination by the federal goverment
  2. Agency
    the making of contracts with 3rd persons on behalf of the principal that distinguishes
  3. Agency by estoppel
    arises when a person by words or conduct leads another person to believe that a 3rd person party is an agent
  4. Agent
    person appointed to contract on behalf of another
  5. American Disabilities Act (ADA of 1990)
    • applies to employers of 15 or more employees, prohibits employment discrimination against qualified people with disabilities.
    • 1. Physical or mental imparment
    • 2. Sustantial limitation of one or more major life activities
  6. Attorney in fact
    is a general agent who has been appointed by a written authorization
  7. Broker
    agent with job of bringing two contracting parties together
  8. Civil Rights Act (1964)
    most important law governing employment discrimination & also harassment on the basis of race, color, religion, sex & national orgin is Title VII of federal Civil Rights Act.
  9. Collective barganing
    process by which employer & union negotiate & agree on terms of employment
  10. Disparate impact
    fair policy disproportionately affecting protected class
  11. Disparate treatment
    International discrimination against a particular individual
  12. Dissolution
    termination of corporation's operations except activities needed for liquidation
  13. Durable power of attorney
    appointment of agency that survives incapacity of principal
  14. Employement at will
    Employment terminable by employer or employee for any reason
  15. Equal Pay Act (1963)
    • That employers pay men & woman equal pay for equal work.
    • 1. Seniority system
    • 2. merit system
    • 3. Quanity or quality of production
    • 4. Diffenential resulting from any factor other than sex
  16. Factor
    Bailee seeking to sell property on commission
  17. Factor del credere
    Factor who sells on credit & guarantees price will be paid
  18. Fair Labor Standards Act (FLSA)
    • has two objectives:
    • *placed a floor, regardless of economic conditions, under wages of employees engaged in interstate commerce (trade among or between states)
    • *discouraged a long work week & this spread employement
  19. Family Medical Leave Act (FMLA)
    • allows employees the right to take leaves when family circumstances or illnesses. Allowing an employee to take unpaid leave of up to 12 work weeks in a 12-month period:
    • 1. Birth, adoption, foster care of the employee's child
    • 2. Care for employee's spouse, child, or parent with a serious health condition
    • 3. Serious health condition that makes the employee unable to perform the job
  20. Fellow servant
    Employee with same status & working with another worker
  21. General agent
    Agent Authorized to carry out particular kind of business or all business at a place
  22. Hostile work enviroment
    alteration of terms or conditions of employment by harrasement
  23. Hot cargo agreement
    Agreement employer will not use nonunion materials
  24. Independent contractor
    one who contracts to do jobs and is controlled only by contract as to how performed
  25. Landrum-Griffin Act
    • (LMRDA) Labor-Management Reporting & Disclosure Act
    • to protect union memebers from improper conduct by union officials it also contains a bill of right for union memebers
  26. OSHA
    • (Williams-Steiger Occupational Saftey & Health Act in 1970)
    • to ensure safe and healthful working conditions
    • (Occupational Satey & Health Administration)
    • administers the act & issues standards with which employers & employees must comply.
    • carries out job-site inspections
    • employers must maintain detailed records of work-related deaths, injuries & illness
    • provides fines for violations, including penalties of up to $1000 per day for failure to correct violations withing the alloted time.
  27. Power of attorney
    Writing appointing an agent
  28. Principal
    party primarily liable; person who appoints another to contract with third parties
  29. Protected class
    group protected by antidiscrimination laws
  30. Ratification
    approval of unauthorized act; adult indicating contract made while a minor is binding
  31. Respondeat Superior
    theory imposing liability on employers for torts of employees
  32. Secondary boycott
    attempt by employees to stop 3rd party dealing with employer
  33. Shop right
    Employer's right to use employee's invention without payment of royalty
  34. Special agent
    agent authorized to transact specific act or acts
  35. Strike
    temporary, concerted action of workers to withhold their services from employer
  36. Taft-Hartley Act
    • (LMRA The National Labor Relations Act of 1935 (NLRA) known as Wagner Act expanded by the federal Labor Managment Relations Act of 1947)
    • sought to create bargaining equality between employers & employees by permitting union activity.
    • 1. railroad industry, covered by Railway Labor Act of 1947
    • 2. Supervisory employees, who are considered part of managment
    • 3. Goverments or polictical subdivisions of goverments
  37. Wagner Act
    • (NLRA)The National Labor Relations Act of 1935 (NLRA) known as Wagner Act expanded by the federal Labor Managment Relations Act of 1947)sought to create bargaining equality between employers & employees by permitting union activity.
    • 1. railroad industry, covered by Railway Labor Act of 1947
    • 2. Supervisory employees, who are considered part of managment
    • 3. Goverments or polictical subdivisions of goverments
  38. Labor Management Relations Act has 5 major provisions:
    • 1. continuation of the National Labor Relations Board (NLRB) created by the National Labor Relations Act
    • 2. declaration as to the rights of employees
    • 3. declaration as to the rights of employers
    • 4. prohibition of employers' unfair labor practices
    • 5. prohibition of unfair union practices
  39. Agent's duties to the principal
    • 1. Compensation
    • 2. Reimbursement
    • 3. Indemnification
    • 4. Abidance by the terms of the contract
  40. Duties & Liabilities of the employer
    • Under the common law, the employer had five well-defined duties:
    • 1. Duty to exercise care
    • 2. Duty to provide a reasonably safe place to work
    • 3. Duty to provide safe tools & appliance
    • 4. Duty to instruct employees with reference to the dangerous nature of employment
  41. Employees duties to the employer
    • employee owes certain duties tothe employer. Failure to comply with these duties may result in discharge.
    • 1. Job performance
    • 2. business confidentiality
    • 3. granting of right to use inventions
  42. Four provisions of Social Security Act
    • Federal Social Security Act:
    • 1. Old-age & survivors' insurance
    • 2. Assistance to persons in financial need
    • 3. Unemployment compensation
    • 4. Disability & Medicare benefits
  43. Methods of creating an agency
    • 1. appointment
    • 2. Ratification
    • 3. Estoppel
    • 4. Necessity
  44. Principal's duties to the agent
    • an agent owes the following important duties to the principal:
    • 1. loyalty and good faith
    • 2. obedience
    • 3. Reasonable skill & diligence
    • 4. Accounting
    • 5. information
  45. Termination of an agency by acts of the parties
    • 1. Original agreement
    • 2. Subsequent agreement
    • 3. Revocation
    • 4. Renunciation by the agent
  46. Termination of an agency by operation of law
    • 1. Subsequent illegality
    • 2. death or incapacity
    • 3. destruction
    • 4. bankruptcy
    • 5. dissolution
    • 6. war
  47. Types of Authority
    • 1. Express Authority
    • 2. Implied Authority
    • 3. Customary Authority
    • 4. Apparent Authority
  48. Implied Authority
    agent's authority to do things in order to carry out express authority
  49. Cutomary Authority
    Authority agent possesses by custom
  50. Apparent Authority
    Authority agent believed to have because of principal's behavior
  51. Express Authority
    Authority of agent state in agreement creating agency

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