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Employment Relationships

Karen Conger

Third Party Employer can get a credit which would reduce the minimum wage that they have to pay (can reduce it by up to 40%)
Principle-Agent Relationship the principle must compensate the agent for any losses on behalf of the agency
Principle amount of money specified in the statute (depends on the type of injury it is)
Agent State statutes intended to compensate aemployees for accidental injury or death from employment
Employer-Employee Relationship one willfully commits an act that harms another (assault, battery, trespassing, copyright infringement)
Employer-Independent Contractor Relationship Regulates the safety of working environments
Independent contractor When one contracts with another for the results of a service to be accomplished
Agency by Agreement requires the principle to pay the agent for authorized expenses on behalf of the agency
Expressed Agency by Agreement The party that is acting on behalf of another
Implied Agency by Agreement Any party other than the immediated parties to the employment relationship (customer, supplier, buyer, etc)
Equal Dignity Rule Requires employers to pay into the unemployment compensation fund
Agency by Ratifcation the agent must follow all legal instructions of the principle when performing the assigned task
Agency by Estoppel Party that performs the service but has the fredom to determine the manner of performance (doctor, lawyer, contracor, roofer, dentist)
duty of performance a civil wrong other than a contract breach for which damages can be obtained
duty of notice Liability is imposed upon a party regardless of whether they are at fault in causing the loss (workers compensation, products liability)
duty of loyalty If the agent will be entering into contracts that are required to be in writing than the agents contract with the principle has to be in writing
duty of obedience Where one party directs another to act on his behalf and subject to his control
duty to account Federal administrative agency that specifies specific business practices that need to be done and they do investigations of companies and fine companies for violating rules
duty to compensate requires the agent to keep records of all money he requires on behalf of the principle
duty of reimbursement imposes liability on the principle if there is an employee-employer relationship and the act is within the scope of employment
duty of indemnification requires most employers to provide employees up to twelve weeks of unpaid leave for child birth, adoption, serious illness, or care of a family member
tort Where one employs another to perform services and has a right to control the manner in which those services are performed
Intentional tort The employee has a legal right to receive pension benefits at a future date under the Employee Retirement Income Security Act
Negligence tort the agent must act exclusively for the benefit of the principle
Strict liability tort Requires both employers and employees to pay in to the social security trust fund
Doctrine of respondeate superion the agent must notify the principle of all material facts that come to his attention regarding the job
Fair Labor Standards Act one accidentally or carelessly causes harm to another
Tipped employee Regulates private retirement plans and sets standards for how the plan is run
Federal Insurance Contributions Act Where the parties understand that one will act on behalf of another
Employee Retirement Income Security Act The party for whom the action is taken
Vesting Agency that comes about by language (spoken or written words)
Federal Unemployment Tax Act requires the principle to pay the agent for the services rendered under the agrement
Family and Medical Leave Act Agency that comes about because of a course of conduct
Occupational Safety and Health Act the agent has the duty to perform the work in a workmen like manner
OSHA (Occupations Safety and Health Administration) Sets the minimum wage, has overime pay obligations, and child labor restrictions
Worker's Compensation Laws Where a principle approves of a previously unauthorized act
Statutory damages Where a third party justifiably relies on the principles manifestation that the agent has authority

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