1. Review of Agency Relationships, Legislation that Regulate Employment Conditions, Benefits, and Discrimination 7.01 SWBAT identify the nature of an agency relationship, contractor & sole proprietorship, master & servant, and employer& employee relationships and recognize when these relationships have been terminated 7.01 SWBAT to explain the employment at will doctrine and legislation that affects labor unions and minors. 7.01 SWBAT list the legislation that regulate employment conditions, benefits, and discrimination Essential Question: 1. What are the exceptions to the employment at will doctrine? 2. 2. 2.

2. Warm Up Get a book from book shelf Get a book from book shelf Have a seat in your assigned seat Have a seat in your assigned seat Read chapter summary pg. 408 Read chapter summary pg. 408 Questions 8 & 11; Assignment due by 9:10 Questions 8 & 11; Assignment due by 9:10

3. Agenda Warm-Up Warm-Up Discussion of warm-up Discussion of warm-up Review from last class (Federal Laws that regulate employment conditions and benefits) Review from last class (Federal Laws that regulate employment conditions and benefits) Pre-Test Assessment Pre-Test Assessment Group Activity Group Activity Wrap Up Wrap Up

4. 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.

5. 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.

6. RELATIONSHIPS ARE CREATED By agreement (contract) By law (circumstantial or specific) By statute (special interest of a state)

7. 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 Partially Disclosed Agent: principal’s existence but not identity is known to the third party. Fiduciary: relationship is based on trust. Consensual: both parties of a principal/agent relationship agree or consent to relationship

8. What is Discrimination? Unequal treatment of individuals based on sex, age, race, nationality, or religion. Unequal treatment of individuals based on sex, age, race, nationality, or religion. Discrimination can take place in an overt way – disparate treatment Discrimination can take place in an overt way – disparate treatment Or in an indirect manner – disparate impact Or in an indirect manner – disparate impact If you experience discrimination in the workplace you can contact the EEOC to file a complaint. http://www.youtube.com/watch?v=H1iE9KHpCvI&f eature=related http://www.youtube.com/watch?v=H1iE9KHpCvI&f eature=related http://www.youtube.com/watch?v=H1iE9KHpCvI&f eature=related http://www.youtube.com/watch?v=H1iE9KHpCvI&f eature=related disparate impact discrimination 2:42 disparate impact discrimination 2:42

9. Employment Laws National Labor Relations Act of 1935 (Also called the Wagner Act) – employers must include wages, hours, and conditions of employment in collective bargaining agreement. National Labor Relations Act of 1935 (Also called the Wagner Act) – employers must include wages, hours, and conditions of employment in collective bargaining agreement. Wagner Act (National Labor Relations Act) Wagner Act (National Labor Relations Act) First federal law dealing with collective bargaining First federal law dealing with collective bargaining Encourage collective bargaining, discouraged unfair labor practices Encourage collective bargaining, discouraged unfair labor practices Taft-Hartley Taft-Hartley Prevents labor union from requiring an employer to retain employees who are no longer needed Prevents labor union from requiring an employer to retain employees who are no longer needed Fair Labor Standards Act of 1938 Fair Labor Standards Act of 1938 Restricted child labor Restricted child labor Landrum-Griffin Act Landrum-Griffin Act Unions must register with Sec. of Labor and submit year financial reports. Unions must register with Sec. of Labor and submit year financial reports.

10. 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

11. TERMINATION OF RELATIONSHIP By operation of law Death of principal or agent Bankruptcy Impossibility of performance Agent’s objective becomes illegal Termination of acts Performance Mutual agreement Agent’s withdrawal Agent’s discharge

12. 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. Professional contracts are generated by professional or executives who negotiate their own contracts.

13. Collective Bargaining Contract negotiated by the employer and representative of the labor union.

14. 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.

15. 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.

16. 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 needed Fair Labor Standards Act of 1938 Restricted child labor Landrum-Griffin Act Unions must register with Sec. of Labor and submit year financial reports.

17. Teen Workers Child Labor Laws DO: Follow all Child Labor Laws that are applicable to your age including: Hour restrictions Job restrictions. If you are younger than 18, you may not work in any occupations identified as hazardous. www.dol.gov/elaws/esa/flsa/docs/haznonag.asp

18. Sexual Harassment Quid pro quo harassment – occurs when one worker demands sexual favors from another worker in exchange for some employment-related decision, such as a raise or promotion. Hostile working environments A pattern of severe and pervasive sexually demeaning behavior that alters the work environment. Ex. Behavior, comments, jokes, posters, gestures, pictures, etc.

19. Laws Regulating Employment Conditions, Benefits, and Discrimination Fair Labor Standards Act Fair Labor Standards Act Equal Pay Act Group Equal Pay Act Group Drug-Free Workplace Act Drug-Free Workplace Act Employment Retirement Income Security Act Employment Retirement Income Security Act Federal Privacy Act Federal Privacy Act Employee Polygraph Protection Act Employee Polygraph Protection Act Family and Medical Leave Act Family and Medical Leave Act Social Security Act Social Security Act

20. 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 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. Civil Rights Act of 1964: Prohibits discrimination Fair Labor Standards Act: Restricted child labor Minimum wage Time and a half overtime Equal Pay Act: equal pay for equal work

21. OSHA OSHA – Occupational Safety and Health Administration – sets safely and health standards for many companies within the US. Businesses with 11 or more employees must meet OSHA’s standards OSHA – Occupational Safety and Health Administration – sets safely and health standards for many companies within the US. Businesses with 11 or more employees must meet OSHA’s standards OSHA – imposes upon employers the affirmative duty to maintain a safe and health work environment; also creates rules that outline the safety steps that businesses must maintain. OSHA – imposes upon employers the affirmative duty to maintain a safe and health work environment; also creates rules that outline the safety steps that businesses must maintain. http://www.youtube.com/watch?v=A-TXgSQ-0c4 1:15 http://www.youtube.com/watch?v=A-TXgSQ-0c4 1:15 http://www.youtube.com/watch?v=A-TXgSQ-0c4

22. Wrap UP…. What did you learn today??? What did you learn today??? Tomorrow…..Test on 7.01 Tomorrow…..Test on 7.01 Study, Study, Study Study, Study, Study