Chapter 11 Employment and Labor Law

Chapter 11 Employment and Labor Law - EMPLOYMENT AND LABOR...

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EMPLOYMENT AND LABOR LAW CHAPTER 11
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Walk and Talk, L.L.P. needs help They need to hire workers.
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Employment at Will Doctrine Means the employment relationship can be terminated at any time for any (legal) reason or no reason at all. If “Paul” has no employment contract that guarantees him a length or term of employment, he can be gone tomorrow with no notice.
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Exceptions to the General EAW Rule 1. Mutual Agreement by the Parties to not have EAW doctrine apply. Contracts Collective Bargaining Agreements (CBAs) If “Karen” has a contract that provides she can only be terminated for “good cause” she is not an employee “at will.”
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Exceptions to the General Rule Cont. 1. Legislative Limitations. - Civil Rights Statutes Fair Labor Standards Act National Labor Relations Act 1. Judicial Limits Handbooks that create contracts Terminations against public policy
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Agency relationships When Paul is working for Walk and Talk, LLP, he is acting as their “agent.” Walk and Talk is known as the “principal.” If he signs a receipt and invoice for a coffee delivery, he is binding Walk and Talk LLP to pay the supplier.
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Agency Relationships If Paul is making a delivery to some hikers and has an accident on the way, not only is he liable for his negligence, but Walk and Talk is also potentially liable to the victim. The principal is “vicariously liable” for its agent.
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The term “fiduciary” at the heart of agency relationships Fiduciary as a noun, is a person having a duty created by his or her undertaking to act primarily for another’s benefit in matters connected with the undertaking. As an adjective, a relationship founded on trust and confidence.
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Walk and Talk needs an electrician In order to get better coffee equipment, Claire and Ben need an electrical upgrade. They hire “Bill” the electrician.
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Is Bill Walk and Talk’s employee? If not, what is he?
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Independent Contractors Not every person an employer hires is an employee. Many are independent contractors. What is the difference? An IC is one who works for, and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An IC is not an employee, but may be an agent.
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Walk and Talk hire a real estate agent to represent it in the selling and buying of its building. “Julie” has her own business and is an
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This note was uploaded on 09/20/2011 for the course 06J 047 taught by Professor Staff during the Spring '08 term at University of Iowa.

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Chapter 11 Employment and Labor Law - EMPLOYMENT AND LABOR...

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