employee business relationships
Post on 12-Jan-2015
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I am not a lawyer
• I am a high school teacher trying to introduce employee relations to teenagers.
• If you discover anything dreadfully wrong here, kindly send me a note.
• Thanks.
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Business Relationships
(about 75 quick slides)
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent3. Employer-Independent Contractor
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Business Relationships1. Master-Servant (“Employer-Employee”)
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Master-Servant Business Relationship
The old-fashioned namefor the
Employer-Employeebusiness relationship.
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Employer-Employee Relationship
Employer: the owner or boss.
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Employer-Employee
Relationship
Employer: can hire and fire.
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Employer-Employee RelationshipEmployer cannot fire an employee because of
• Race• Color• Religion• Gender• National origin
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Employer-Employee RelationshipEmployer cannot fire an employee who exercises their rights, such as • filing a discrimination
complaint with a governmental agency• filing for worker's
compensation benefits
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Employer-Employee RelationshipEmployer can fire an employee for:
• misappropriating funds• being unfaithful to his or her
employer's interests• refusing to perform legal
services that were agreed upon• being habitually late or
absent
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Employer-Employee Relationship
Employee: anyone who works for someone else, with or without pay.
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Employer-Employee Relationship
Employee: Tasks are performed under the direction and control of the employer.
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Employer-Employee RelationshipEmployee: no authority to act in his or her employer's place or outside their authority (an employee is not like an agent).
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Employer-Employee RelationshipAn employee has the obligation to be honest and faithful in the performance of duties.
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Employer-Employee RelationshipAn employee cannot be required to perform illegal tasks such as committing perjury or handling stolen property.
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Employer-Employee RelationshipBy Federal and state law, an employee is entitled to:
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Employer-Employee RelationshipBy Federal and state law, an employee is entitled to:•minimum wages
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Employer-Employee RelationshipBy Federal and state law, an employee is entitled to:•minimum wages•maximum hours
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Employer-Employee RelationshipBy Federal and state law, an employee is entitled to:•minimum wages•maximum hours• overtime pay
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Employer-Employee RelationshipBy Federal and state law, an employee is entitled to:•minimum wages•maximum hours• overtime pay• time off for
religious observances
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Employer-Employee RelationshipBy Federal and state law, an employee is entitled to:• minimum wages• maximum hours• overtime pay• time off for
religious observances• a safe work
environment
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Special laws affect employees under 18 years old…
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Information about employee law for people under 18:
www.YouthRules.DOL.gov
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Employees under 18 years oldmust have a work permit
(including minors employed by parents)
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Employees under 18 years oldmust have a work permit
(including minors employed by parents)
Get a work permitfrom the counseling office at Florin High School
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Work permits are required year-round.
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Employees under 18 years oldmust meet mandatory
school attendance laws.
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No school No work
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Work permits must be…
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Work permits must be…
renewed
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Work permits must be renewedat the start of each new school year
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Work permits must be renewedat the start of each new school year and
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Work permits must be renewedat the start of each new school year
at the time the minor obtains a new job.and
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Work permits are not required for employees under 18 engaged in the
following types of employment:
• Occasional odd jobs at a private home.• Self-employment. • Agricultural or domestic work on property owned,
operated or controlled by the minor’s parents.
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Employees under 18—WagesIf an employee reports to work but is not given any work and sent home, he/she must be paid a minimum of two (2) hours work.
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Employees under 18—WagesIf an employee is asked not to clock in, he/she is free to leave.
He/she cannot be required to wait without being paid.
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Uniforms for employees under 18When uniforms are required by the employer, uniforms must be provided by the employer.
Uniforms include apparel and/or accessories of distinctive color or design (i.e., company name imprinted on hat, shirt, etc.).
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Hours Minors Allowed To WorkAges 14-15School in Session3 hours maximum per day, M-F 8 hours maximum per day, Sat & Sun 18 hours total per week 7:00 a.m. – 7:00 p.m., any day of week
Off-Track8 hours maximum daily, any day of week 40 hours total per week 7:00 a.m. – 9:00 p.m., Memorial Day to Labor Day
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Hours Minors Allowed To WorkAges 16-17School in Session4 hours maximum per day, M – Th 8 hours maximum per day, Fri – Sun 20 hours total per week 5:00 a.m. – 10:00 p.m. 5:00 a.m. – 12:30 a.m. (if no school next day)
Off-Track8 hours maximum daily, any day of week 48 hours total per week 5:00 a.m. – 12:30 a.m., any day of week
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Minors under 16 are prohibited by the state and federal law to work in these areas:
• In the area of moving machinery or equipment • Selling or serving alcoholic beverages • Building or construction work of any kind • Delivering goods from or operating any motor
vehicle • Pool or billiard room • In the area of explosives • Selling to passing motorists, e.g., newspapers,
candy, flowers, etc.
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Minors under 18 are prohibited by the state and federal law to work in the following areas:
• Explosives • Motor vehicle driving • Mining • Logging and sawmilling • Power-driven woodworking machines • Radiation exposure • Power-driven hoists/forklifts • Power-driven metal forming, punching, and
shearing machines
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Minors under 18 are prohibited by the state and federal law to work in the following areas:
• Power-driven meat slicing/processing machines and meat slaughtering
• Power baking machines • Power-driven paper products/paper-baling machines • Manufacturing brick, tile products • Power saws and shears • Wrecking, demolition • Roofing • Excavation operation
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent
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Business Relationships2. Principal-Agent
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Business Relationships2. Principal-Agent
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Business Relationships2. Principal-Agent
This is like having a lawyer work for you.
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Business Relationships2. Principal-Agent
You are the “principal”
Your lawyer is the “agent”
Agent Principal
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Business Relationships2. Principal-Agent
The agent works for the principal.
Agent Principal
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Business Relationships2. Principal-Agent
The agent represents, advises, and often speaks for the principal.
Agent Principal
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Business Relationships2. Principal-Agent “I will let my
agent speak for me.”
AgentPrincipal
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Business Relationships2. Principal-Agent
“I will let my agent speak for me.”
Agent
Principal
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Business Relationships
2. Principal-Agent
A sports agent may speak for his principal.
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Business Relationships
2. Principal-Agent
A sports agent may negotiate for his principal.
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Business Relationships
2. Principal-Agent
A sports agent may schedule appearances for his principal.
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Business Relationships
2. Principal-Agent
A real estate agent might negotiate a price for their principal.
“We will let our agent speak for us.”
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Business Relationships
2. Principal-Agent
A musician's agent might rent an auditorium for their principal.
“I will let my agent negotiate the price of the auditorium for me.”
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Business Relationships
2. Principal-Agent
Careful!A life insurance agent represents the life insurance company, not you.
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Business Relationships
2. Principal-Agent
If a principal thinks their agent is not doing a good job, they can fire their agent.
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Business Relationships2. Principal-Agent
The principal must trust the agent.
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Business Relationships
2. Principal-Agent
If the agent tells others that the principal will rent the auditorium for $3000, the principal cannot rescind the deal.
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Business Relationships2. Principal-Agent
The agent has a fiduciary duty to the principal. Agent Principal
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent3. Employer-Independent Contractor
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Business Relationships1. Master-Servant (“Employer-Employee”)
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent
Agent Principal
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent3. Employer-Independent Contractor
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent3. Employer-Independent Contractor
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Business Relationships3. Employer-Independent Contractor
A “Mary Kay” representative is not an employee of the “Mary Kay” company.
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Business Relationships3. Employer-Independent Contractor
Each “Mary Kay” representative is an independent contractor running their own business.
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Employee or Independent Contractor?Independent contractors retain control over:• their schedule• number of hours worked• jobs accepted• performance of their job
Employees don’t
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Employer-Independent Contractor
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Employer-Independent ContractorMost hair stylists are not employees of the salon. They pay rent to use the chair. They are independent contractors.
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Employer-Independent ContractorA lawyer might hire the same private investigator many many times, but the private investigator is not an employee of the lawyer. She is an independent contractor.
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A small college might hire a gardener to maintain the campus, but that doesn’t mean the gardener is an employee of the college.
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Independent Contractor
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Business Relationships1. Master-Servant (“Employer-Employee”)2. Principal-Agent3. Employer-Independent Contractor
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