agency law
what does "loyalty" mean?
confidential information
conflict of interest
post-termination competition
what dies fiduciary duty mean?
duty to act in the best that you can do.
types of supervision
transitional- moving back and forth; No supervision –lifeguard (kid is drowning, kid is drowning, the kid doesn't know that he is coming- eye contact
General Supervision; Supervising, a large group of individuals (lifeguard)
specific: teaching and stopping you from doing something specifically – supervising 123 people only
what falls under Fair Labor Standards Act?
minimum wage
overtime pay
threshold for salaried employees
sick leave
chid labor laws
what is the purpose of title ix?
part of the education amendments of 1972
changed the face of athletics
equal opportunity to men's and women sports
Post- Termination competition
done working for them, most places have a post-termination contract stating that “you can't compete with them for a certain period of time” generally for 1 year.
how do you determine who is liable?
Each person is responsible for her own acts
Supervisor
– Hired competent
– Supervised
– Train
Respondeat Superior
– Vicarious Liability v. Ultra Vires
– Joint and several liability
how are children protected?
child labor laws
have 14 to 15 to start
not before or after 7:00
18 hours during school
40 hours non school weeks
How do you become an LLC?
limited liability corporation; Register with the government costs you $50 – limited liability company
How do waivers fit into contracts?
a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable.
when can you pay a volunteer?
usually employees under workers' compensation
contract each receives
benefits employee and volunteer
What does joint and several liability mean?
Both people are fully liable
who has qualified immunity as a defense?
government officials
state and local officers
what does workers' compensation do for workers?
compensated for:
injury
medical expenses
loss of wages
what is the three-prong test
an institution must comply with one part of the test
substantial proportionality
history and continue the practice
effectively accommodating interests & abilities