MGMT410 - Chapter 1 Regulation of employment-Employers will...

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Chapter 1: Regulation of employment: -Employers will not do the right thing for employees so we need the Govt. to regulate the employers. Ex. Fair Labor standards Act 1938: about employee discrimination Pg. 6-Independent Contractor: -a person who contracts with a principal to perform a task according to her or his own methods and who is not under the principal's control regarding the physical details of the work. -employers are trying to avoid paying benefits through this. Pg. 9- Vicarious Liability: -if the employee causes harm to a third party while the employee is in the course of employment. Ex. Employee driving a company car while on the job, and sideswipes another vehicle; the employer may be liable to owner of the other vehicle. Pg. 11: Definition of Employer: - One who employs or uses others to do his or her work, or to work on his or her behalf. - Civil Rights Act (CRA) 1866: regulates the actions of all individuals/entities when entering into a contract to employ someone else. No requirement for min. number of employees in order to qualify as an employer under the CRA of 1866. -Title VII (7): applies to all firms affecting commerce that employ 15+ employees. -Commerce: includes trade, traffic, transportations, transmission, and communication among the states. -Exempts Indian tribes or private membership clubs. Pg. 12-13: CRA (1991): to cover actions by the employer after the contract has been formed, including discrimination during employment or termination. -Title VI of Civil Rights Act 1964 : applies the race, color, and national origin proscriptions of Title 7 to any program/activity that receives fed. Financial assistance. -Age discrimination Act 1967 : applies to all entities and their agents that employee 20+. - Americans with Disabilities Act : applies to all employers with 15+ workers including state and local govt employers through its Title II (a), employment agencies, unions, and joint labor-mgmt. committees. -Fair Labor Standards Act: offers coverage to workers not necessarily based on a particular definition of "employer" but on 2 forms of coverage: -Enterprise coverage: refers to the protections offered to employees who work for certain businesses or org. that have 2+ employees and do at $500,000/yr. in business or involved in certain industry such as hospitals, nursing, schools, govt. agencies. -individual coverage: refers to the protections offered to employees if their work regularly involves them in commerce between states ("Interstate commerce"). - Rehabilitation Act: 1973: provides that covered agencies may not discriminate against otherwise qualified disabled individuals, applies not only to small entities, programs, and activities that receive fed. Funds and to govt. contractors, UT also to all programs of any executive agency and U.S postal service. -Note: There is a threshold point to determine if there are enough employees to be covered for lawsuit against employer.
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