finalreview - 6/30/10 Final Review The factual case...

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6/30/10 Final Review The factual case questions would mainly come out of agency and employment discriminations. Try not to look too deeply in the questions. A lot of people are out- thinking the questions which causes them to put the wrong answer. Agency and Employment discrimination Know the 7 questions that distinguishes between independent contractor and employee o How much control does the employer has? o How different is the work task? o How long is the person been employed? o Is this work usually done under employer’s control? o Is the employer supplying the necessary tools? o How much skill is required for a job? o Method of payment. You must know the difference between independent contractor and employee for tort liability reasons o Employer is usually not liable for Independent contractors 2 exceptions: inherently dangerous or negligent hiring Know the different authorities and the level of disclosure. o Authority Actual Authority = Principal expressly instructs an employee to act on its behalf Implied Authority = Agency inferred from the acts of an agent who holds a position of authority Apparent Authority = Agency arises through principal leading others to believe that he has an agent Agency by Ratification = When a principal voluntarily decides to honor an agreement entered by someone without proper authority o Disclosure Disclosed Principal = When the third party knows that the agent is acting on behalf of a principal, and knows who the principal is Partially Disclosed Principal = When the third party knows that the agent is acting for a principal, but does not know who the principal is Undisclosed Principal = Agent acts without disclosing the existence or identity of the principal to the third
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party Employment law o Family and Medical Leave Act- know all the benefits o WARN act- 60 days notice for a mass lay off or plant closing o McWane- OSHA had insufficient penalties and a lot of the violations are misdemeanors. Illegal actions: violation of OSHA, knowing and intentionally lying to federal investigators, allow machines to run while repairing it. Employment discrimination o Civil Rights Act of 1964- you cannot discriminate based on race, color, religion, sex (gender), and national origin. Bona Fide Occupational Qualifications (BFOQ)- allows for direct discrimination. Must have a definite reason. The only exception to civil rights act Never BFOQ for race or customer preference You cannot do the following based on race, color, religion, sex, and national origin Discharge Refusal to hire Compensation Terms, conditions, or privileges of employment (including promotion) o Disparate treatment- direct discrimination o Disparate impact cases- not direct discrimination. Seems non-discriminatory at face value, but it actually discriminates. o
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This note was uploaded on 09/21/2011 for the course LEGL 2700 taught by Professor Reed during the Spring '07 term at University of Georgia Athens.

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finalreview - 6/30/10 Final Review The factual case...

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