Employee and Employer Rights & Duties (Day 1).pdf

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University of Washington
MGMT 200
Tod Bergstrom

Employee and Employer Rights and Duties Study online quizlet.com/_hw99u 1. right-to-know req. disclosure to workers of information 11.*note about an employee is not an agent if she lacks laws about any hazardous chemical substances agents/employees authority to contract for or represent the they are likely to be exposed to on the job employer to others 2. OSHA Occupational Safety and Health 12.respondeat Latin: "let the master answer" Administration superior -a legal doctrine holding employers -mission to ensure safe and healthful liable for injuries caused third persons by workplaces in America their employees who were negligent 3. What are the 1. principal-agent while acting within the course and scope of their employment three types of 2. employer-ordinary employee employer- 3. contracting employer-independent 13.supporting 1. employer has the right to control the employee contractor theories of acts of the agent or employee and is thus relationships? respondeat responsible for injuries arising out of superior such service 4. principal-agent -the principal is a special type of employer 2. the employer profits from the relationship who hires an AGENT to act for the employee's or agent's service so she PRINCIPAL in negotiating and should also suffer the losses transacting business with customers -the agent receives and accepts authority 3. deep-pocket theory from the principal to carry out the 14.deep-pocket the employer is more likely to be able to principal's business as directed theory pay for the losses than the (not all agents are employees and not all employee/agent (more money) employees are agents) 15.limitations on 1. only responsible if the act = kind of 5. agency a fiduciary relationship in which, by employer's work the worker is employed to do mutual consent, an employee (the agent) vicarious liability 2. occurred within authorized time and is authorized to represent and bind an (respondeat space limits and activated (in part) by a employer (the principle) in business superior) purpose to serve the employer dealings with third parties 16.contracting hired to do a specific task, obligations 6. agent -a person employed by a principle to deal employer- under various employment laws such as with third parties and to make contracts independent the Civil Rights Act of 1964 does not binding the principal to the third parties contractor apply (hiring principal can discriminate -an agent is a fiduciary of the principle for or against candidates based on answers to personal questions/beliefs) 7. principal the person who empowers an agent to enter contract(s) on her behalf 17.independent -not ordinary employees contractor -a person who is hired to do a specific 8. fiduciary someone who has an obligation to act (regarding with scrupulous good faith and honesty job, and who retains control over how that job is done principal/agent) toward another -the burden of the fiduciary obligation is 18.Does the doctrine No. upon the agent and operates to safeguard of respondeat the principal superior apply to -the principal, although not a fiduciary, is independent still expected to deal fairly (pay for contractors? receipts/commissions owed) 19.right-to-work -does not guarantee every able and 9. agency law enables a business owner (as principal) to laws willing person a job employ any number of persons (as agents) -instead, a worker is not obligated to join to enter into contracts with third parties or to pay dues to a union in order to get for the sale or purchase of goods and/or or keep a job*** services on behalf of the principal 20.Civil Rights Act of unlawful for an employer to fail/refuse to 10.employer- an ordinary employee is a person hired to 1964 hire a person based on race, color, ordinary perform services for another, the religion, sex, or national origin employee employer, and the employee's physical 21.protected class a group of people defined by one or more conduct is controlled by, or is subject to of these criteria (race, color, gender, control by, the employer national origin, or religion) -contractual relationship 22.disparate intentional discrimination/less favorable 28.If there is an Yes, if someone is subject to illegal treatment treatment based on the basis of race, color, arbitration discrimination - it is in violation of the religion, gender, age, or national origin clause in an Civil Rights Act employment -may be proved by either direct or contract, can the circumstantial evidence victim still bring 23.disparate occurs when an employer uses a rule or the case to the
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