QST LA 245 Study Guide - Final Guide: National Labor Relations Act, Fair Labor Standards Act, False Claims Act
Document Summary
Liable for physical torts of employee, not ind. contractors. || receives tax benefits || works during regular employee hrs || part of principal"s business (employee) || thinks they are an employee or not. All employees are agents, not all agents are employees the scope of employment motivated by desire to help the employer. Gig economy based on mobile apps and peer-to-peer transactions that pay per job. Changes to gig: portable benefit models for independent contractors when they work from job to job. Ny black car fun, google"s fair care labs. Under respondeat superior (let the master answer) ** employess only: p is liable for employee"s negligence if employee is acting within, i ntentional nonphysical tort : employer is libale if employee was. Nonphysical tort: intentional harm on reputation (defamation), feelings (intentional infliction of emotional distress) Principal is liable if employee acted with express, implied, or apparent authority. Implied : employee can do whatever that is necessary to perform his duties.
