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Unit CObjective 07.01
Agency Law
AGENCY 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– Example: You picked up and paid for a
pizza ordered by a family member.
TYPES OF AGENTS 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
By agreement (contract) By law (circumstantial or specific) By statute (special interest of a state)
AGENCY RELATIONSHIPS 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
AGENCY RELATIONSHIPS, Continued
Partially Disclosed Agent: principal’s existence but not identity is known to the third party.
Fiduciary: relationship is based on trust.
Actual Authority: real power the principal gives to an agent to act on his or her behalf
AGENCY RELATIONSHIPS, Continued
Apparent Authority: agency by estoppel
Third Party: must be notified if an agency has been terminated
Consensual: both parties of a principal/agent relationship agree or consent to relationship
AGENCY RELATIONSHIPS, Continued
Agent is obligated to act in good faith (within the scope of the principal’s needs and wants). Therefore, a principal is not liable for criminal acts.
When an agency is created by statute (law), the agent is known as a statutory agent.
AGENCY RELATIONSHIPS, Continued
If unauthorized agent works on your behalf, you have two options:
1. Charge agent with fraud (agent is liable to the third party)
2. Accept actions of agent (ratify)
TYPES OF AUTHORITY 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
AGENT’S DUTIES TO PRINCIPAL
Obedience-obey reasonable orders Good faith-deal honestly Loyalty-faithfulness or acting in best
interest Duty to account-accountable for all
money entrusted to him/her
PRINCIPAL’S DUTIES TO AGENT
Compensation-payment for services Reimbursement-repayment for own
money spent Indemnification-repayment for amount
lost Cooperation-working together
TERMINATION OF RELATIONSHIP
By operation of law– Death of principal or agent– Bankruptcy– Impossibility of performance– Agent’s objective becomes illegal
TERMINATION OF RELATIONSHIP continued
Termination of acts– Performance– Mutual agreement– Agent’s withdrawal– Agent’s discharge
TERMINATION OF RELATIONSHIP continued
Notice to third parties– Credit has been given to principal.– Cash business has been done.– No notice when third party never heard of
agency relationship.
Unit COBJECTIVE 07.01
EMPLOYMENT LAW
Collective BargainingContract negotiated by the
employer and representative of the labor union.
UnionsTo certify, must have a
unanimous vote (50 %) If lose certification vote,
must wait one year for another vote.
Employment at Will 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– Employees have legal grounds against
employers who have treated them unfairly.
Grievance Procedure 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.
Restrictive Employment Covenants
Agreement not compete
– Restrict:Type of work prohibitedLength of workExtent of geographic area
Laws Wagner Act (National Labor Relations Act)
– First federal law dealing with collective bargaining– Encourage collective bargaining, discouraged
unfair labor practices Taft-Hartley
– Prevents labor union from requiring an employer to retain employees who are no longer need
Fair Labor Standards Act of 1938– Restricted child labor
Landrum-Griffin Act – Unions must register with Sec. of Labor and
submit year financial reports.
Unit CObjective 07.01
Employment Relationships, Protection and
Equal Opportunity
Relationships between Employer-Employee
Labor-Management-unions formed to in best interest of employee.– Collective bargaining agreement-labor
agreement between an employer and the union.
– Grievance procedure-steps to resolve disputes.
Relationships between Employer-Employee
continued Professional contracts are generated
by professional or executives who negotiate their own contracts.
Terminating the Relationship
Employment-at-will occurs with the termination of the job by the employee or the employer.
Labor Laws
Fair Labor Standards Act: Restricted child labor Minimum wage Time and a half overtime
Equal Pay Act: equal pay for equal work
Labor Laws
Social Security: contributions by employee and employer
Work Compensation Laws: provides income if injured on the job (employer bears cost of compensation)
Civil Rights ActsCivil Rights Act of 1964: Prohibits discrimination Complain to the Equal Employment
Opportunity Commission (EEOC)
Civil Rights Act of 1991: new law that states in disparate impact cases, the employer has the burden of proving the existence of business necessity. (employee eligible for unemployment if discharged not for a “cause”)
Employment Acts Disparate Treatment: most obvious
and direct way to discriminate (employer intentionally discriminates)
Employee or Independent Contractor
Tests to determine if employee or independent contract:
Pay Workers compensation Unemployment
Types of Shops
Agency- receive union benefits without belonging to union
Closed- must join prior to employment
Union- must join with 1 year of employment
Employment Acts Age Discrimination Employment Act:
Forbids discrimination against any person age 40 or older in hiring, firing, promoting, or other aspects of employment
Older Workers’ Benefit Protection Plan: forbids discrimination against older workers in handling their employee benefit and retirement plans
Employment Acts
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.
Statutory Rights of Employees
Submit worker’s compensation claim
Engage in legal union activities Participate in state or federal
military service OSHA whistleblower protection Answer jury duty call or serve as
trial witness
More Statutory Laws… Protection from unsafe work
conditions Receive minimum wage No job discrimination based on
race, color, national origin, sex, religion, age, or handicap
Hazardous Occupations Not Available To Minors:
Mining Manufacturing explosives, brick, or
tile Operating power-driven hoists Logging and saw milling Driving motor vehicles or acting as
an outside helper on such vehicles (except for incidental, occasional, and school bus driving)
MORE… Slaughtering or meat packing Operating circular saws, band saws,
or guillotine shears Wrecking or demolishing buildings
or ships Roofing excavating
Federal Energy and Environmental Regulation
Agencies and Laws
Business Law
Objective 7.02
40
Federal Energy Regulatory Commission (FERC)
Manages the wholesale price of natural gas and electricity sold for interstate commerce use.
Answers questions about increase in prices State Utility agencies regulate prices Manages transportation of electricity and natural
gas Ensures that regulated energy companies are
following guidelines set by the law
41
U.S. Department of Energy
Protects National Security Applies advanced science and
nuclear technology Protects economic security Promotes supply and delivery of
reliable, affordable, and environmentally sound energy
42
Energy Reorganization Act
Energy Reorganization Act created the NRC
Controls licensing, constructing, and creation of nuclear reactors
Manages possession, use, transportation, and disposal of nuclear material
Controls all nuclear activities
43
Environmental Protection Agency (EPA)
Responsible for environmental protection
Implements the Environmental Policy Act
Governs the environmental laws for air, water, solid waste, toxic substances, and noise pollution
Controls executive orders
44
National Environmental Policy Act (NEPA)
Fights Pollution and cleans the environment Explains consequences for environmental
violation Prevents or eliminates damage to the
environment Requires federal agencies to integrate
environmental values by creating Environmental Impact Statements each week that are posted every Friday on the website
45
Environmental Protection Agency (EPA)
Manages all federal antipollution programs Handles air, solid waste, toxic substances, and
pesticides Sets guidelines for program Monitors programs Establishes grants to help eliminate pollution Researches and sets national standards for
programs Issues permits
46
Nuclear Regulatory Commission (NRC)
Consists of a five member commission One member is appointed by the President Generates safety policies and regulations for nuclear reactors
and materials and allows the Executive Director for Operations (EDO) to handle policies and decisions of the commission
Issues licenses Handles legal matters Directs the activities of the program EDO ensures safety of commercial use of nuclear materials in
the US Offices handle inspections, enforcement of laws, and
emergency response programs licensees
47
Clean Air Act Established to protect public health and the
environment Was created by the US Environmental Protection
Agency to authorize the National Ambient Air Quality Standards (NAAQS) to assist in the creations of law to protect the environment
Handles problems such as acid rain, ground-level ozone, and air toxics
48
Clean Water Act Protects water quality Does not handle ground water Helps to reduce pollution in
waterways, wastewater treatment plants, and control runoff pollution
Protects the fish, shell fish, and wildlife in water
49
Toxic Substance Control Act
Tracks industrial chemicals produced and imported into the US
Handled by the EPA Screens, tests, and reports chemicals
that pose a threat to the environment EPA can prohibit the manufacture or
import of chemicals thought to be hazardous
50
Pollution PreventionOil Pollution Act (OPA)
Works to prevent drastic oil spills
Established a trust fund to help clean up spills
Oil facilities must submit detailed reports to the Federal government explaining how they will handle unexpected spills
Pollution Prevention Act
Works to reduce pollution Handles activities such as
recycling, source reduction, and sustainable agriculture
Helps to protect conservation issues such as energy, water, and natural resources
51
Energy LawsEnergy Tax Act (ETA)
Handles unstable energy climate
Established in 1978 Promotes energy
conversion of boilers, coal, solar, and wind technology
National Energy Conservation Policy Act
Works to helps decrease electricity demand
Regulates utilities for residential consumers electricity
Business Law
Objective 7.02
State and Local Energy and Environmental
Regulation Agencies and Laws
53
North Carolina Regulations and Laws
North Carolina follows all guidelines set by
the Federal Government
54
North Carolina Regulations and Laws
North Carolina Inactive Hazardous Sites Response Act
Protects NC from uncontrollable and unregulated harmful wastes
55
NC Department of Environment and Natural Resources (DENR)
Prevents and protects North Carolina’s natural resources
Protects air, water, and publics health
DENR helps business, farmers, and local government, and public keep the area safe
North Carolina Regulations and Laws
56
North Carolina Division of Waste Management
Controls disposal of solid waste, harmful waste, underground storage tanks, and needed cleanups
Works to reduce wastes Consists of a Solid Waste Section, Underground
Storage Tank Section, Hazardous Waste Section, Superfund Section (controls waste risks and cleanups
North Carolina Regulations and Laws