Chapter 1: The Regulation of Employment
I. INTRO TO THE REGUALTORY ENVIRONMENT
A. Is Regulation Necessary?
a. Title VII of Civil Rights Act of 1964 prohibits discrimination based on race and gender among other characteristics B. Who is Subject to Regulation?
b. Realities of an Employee
c. Temps, leased, independent contractors, venders, outsourcing and staffing firms are common elements of employment landscape. C. Origins in Agency Law
d. Master and servant
e. Agent- Actor
f. Principal- The party for whom the agent acts and from who that agent derives authority to act. D. Why is it Important to Determine Whether a Worker is an Employee? g. Independent Contractor- a person who contacts with a principle to perform a task according to their own methods and not under principle control regarding physical details of work h. Characteristics of Employee
i. Employer Payroll Deduction
iii. Discrimination and Affirmative Action
iv. Cost Reductions
1. Vicarious Liability- The imposition of liability on one party for the wrongs of another v. The Cost of Mistakes
II. THE DEFINITION OF “EMPLOYEE”
a. Common Law Agency Test- Test used to determine employee status; gives employer the right or ability to control work. b. IRS 20 Factor Analysis- A list of 20 factors to which IRS looks to determine whether someone is an employee or an independent contractor. c. Economic Realities Test- A test to determine whether a worker qualifies as an employee.
III. NON-COMPETE AGREEMENTS
d. An agreement by the employee not to disclose the employer’s confidential information or enter into competition with the employer for a specified period of time and/or a specified region. e. Forum Selection Clause- A clause in a contract that identifies the state law that will apply to any disputes that arise under the...
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