Agency Formation & Duties
The characterization of a worker when the hiring party exercises a considerable amount of control over the details of the work.
What is an employee?
The five protected classes under Title VII of the Civil Rights Act of 1964.
What are (1) race; (2) color; (3) national origin; (4) religion and (5) gender?
The two types of business organizations that can be formed without any legal formalities.
What are sole proprietorships and general partnerships?
The employment at will doctrine.
What is the doctrine where either party may terminate an employment relationship at any time and for any reason (or no reason whatsoever)?
The agency authority created when a purported principal acts in such a way that it gives the "agent" a reasonable belief that the agent has the actual authority to act on behalf of the principal.
What is actual, implied authority?
The type of discrimination that occurs when an employer's employment practices result in a discriminatory effect, regardless of the employer's intent to do so.
What is disparate impact discrimination?
Type of business organization where the owners are not personally liable for the business' debts.
What is a corporation?
The federal statute that regulates child labor, provides a minimum wage and includes overtime pay provisions.
What is the Fair Labor Standards Act?
Agency authority that is created when the principal acts in such a way that causes a third party to have the reasonable belief that the agent had the authority to act on behalf of the principal.
What is agency by estoppel?
The four elements of a prima facie case for disparate treatment discrimination.
What are the requirements that (1) the plaintiff is a member of a protected class; (2) the plaintiff applied for and was qualified for the job in question; (3) the plaintiff was rejected by the employer; and (4) the employer continued to seek applicants for the position or filled the position with a person not in a protected class?
How a corporation is taxed.
What is double taxation?
The federal minimum wage amount.
What is $7.25/hour?
An agent's duties to the principal.
What are the duties of (1) performance; (2) notification; (3) loyalty; (4) obedience; and (5) accounting?
The type of sexual harassment that occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.
What is quid pro quo sexual harassment?
The two major reasons that people choose to form LLCs.
What are the limited personal liability of owners and flow through taxes?
The amount of hours worked to trigger overtime.
What is 40 hours in a work week?
The principal's duties to the agent.
What are (1) compensation; (2) reimbursement and indemnification; (3) cooperation; and (4) safe working conditions?
The employer's defense when an employee's gender or religion is essential to the job.
What is a bona fide occupational qualification (BFOQ)?
The way a limited partner becomes liable for partnership debts the same as a general partner.
What is when the limited partner participates in the management of the partnership?
The three categories of employees exempt from paid overtime under the FLSA.
What are administrative, executive, and professional employees?