Employee business relationships
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Introduction to employer-employee, principal-agent, and employer-independent contractor relationships

Introduction to employer-employee, principal-agent, and employer-independent contractor relationships

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Employee business relationships Presentation Transcript

  • 1. 1
  • 2. 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. 2
  • 3. Business Relationships 3 (about 75 quick slides)
  • 4. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 3. Employer-Independent Contractor 4
  • 5. Business Relationships 1. Master-Servant (“Employer-Employee”) 5
  • 6. Master-Servant Business Relationship The old-fashioned name for the Employer-Employee business relationship. 6
  • 7. Employer-Employee Relationship Employer: the owner or boss. 7
  • 8. Employer- Employee Relationship Employer: can hire and fire. 8
  • 9. Employer-Employee Relationship Employer cannot fire an employee because of • Race • Color • Religion • Gender • National origin 9
  • 10. Employer-Employee Relationship Employer cannot fire an employee who exercises their rights, such as • filing a discrimination complaint with a governmental agency • filing for worker's compensation benefits 10
  • 11. Employer-Employee Relationship Employer 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 11
  • 12. Employer-Employee Relationship Employee: anyone who works for someone else, with or without pay. 12
  • 13. Employer-Employee Relationship Employee: Tasks are performed under the direction and control of the employer. 13
  • 14. Employer-Employee Relationship Employee: no authority to act in his or her employer's place or outside their authority (an employee is not like an agent). 14
  • 15. Employer-Employee Relationship An employee has the obligation to be honest and faithful in the performance of duties. 15
  • 16. Employer-Employee Relationship An employee cannot be required to perform illegal tasks such as committing perjury or handling stolen property. 16
  • 17. Employer-Employee Relationship By Federal and state law, an employee is entitled to: 17
  • 18. Employer-Employee Relationship By Federal and state law, an employee is entitled to: • minimum wages 18
  • 19. Employer-Employee Relationship By Federal and state law, an employee is entitled to: • minimum wages • maximum hours 19
  • 20. Employer-Employee Relationship By Federal and state law, an employee is entitled to: • minimum wages • maximum hours • overtime pay 20
  • 21. Employer-Employee Relationship By Federal and state law, an employee is entitled to: • minimum wages • maximum hours • overtime pay • time off for religious observances 21
  • 22. Employer-Employee Relationship By Federal and state law, an employee is entitled to: • minimum wages • maximum hours • overtime pay • time off for religious observances • a safe work environment 22
  • 23. Special laws affect employees under 18 years old… 23
  • 24. Information about employee law for people under 18: www.YouthRules.DOL.gov 24
  • 25. Employees under 18 years old must have a work permit (including minors employed by parents) 25
  • 26. Employees under 18 years old must have a work permit (including minors employed by parents) Get a work permit from the counseling office at Florin High School 26
  • 27. Work permits are required year-round. 27
  • 28. Employees under 18 years old must meet mandatory school attendance laws. 28
  • 29. No school 29 No work
  • 30. Work permits must be… 30
  • 31. Work permits must be… 31 renewed
  • 32. Work permits must be renewed 32 at the start of each new school year
  • 33. Work permits must be renewed 33 at the start of each new school year and
  • 34. Work permits must be renewed 34 at the start of each new school year at the time the minor obtains a new job.and
  • 35. 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. 35
  • 36. Employees under 18—Wages If 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. 36
  • 37. Employees under 18—Wages If an employee is asked not to clock in, he/she is free to leave. He/she cannot be required to wait without being paid. 37
  • 38. Uniforms for employees under 18 When 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.). 38
  • 39. Hours Minors Allowed To Work Ages 14-15 School in Session 3 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-Track 8 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 39
  • 40. Hours Minors Allowed To Work Ages 16-17 School in Session 4 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-Track 8 hours maximum daily, any day of week 48 hours total per week 5:00 a.m. – 12:30 a.m., any day of week 40
  • 41. 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. 41
  • 42. 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 42
  • 43. 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 43
  • 44. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 44
  • 45. Business Relationships 2. Principal-Agent 45
  • 46. Business Relationships 2. Principal-Agent 46
  • 47. Business Relationships 2. Principal-Agent 47 This is like having a lawyer work for you.
  • 48. Business Relationships 2. Principal-Agent 48 You are the “principal” Your lawyer is the “agent” Agent Principal
  • 49. Business Relationships 2. Principal-Agent 49 The agent works for the principal. Agent Principal
  • 50. Business Relationships 2. Principal-Agent 50 The agent represents, advises, and often speaks for the principal. Agent Principal
  • 51. Business Relationships 2. Principal-Agent 51 “I will let my agent speak for me.” Agent Principal
  • 52. Business Relationships 2. Principal-Agent 52 “I will let my agent speak for me.” Agent Principal
  • 53. Business Relationships 2. Principal-Agent 53 A sports agent may speak for his principal.
  • 54. Business Relationships 2. Principal-Agent 54 A sports agent may negotiate for his principal.
  • 55. Business Relationships 2. Principal-Agent 55 A sports agent may schedule appearances for his principal.
  • 56. Business Relationships 2. Principal-Agent 56 A real estate agent might negotiate a price for their principal. “We will let our agent speak for us.”
  • 57. Business Relationships 2. Principal-Agent 57 A musician's agent might rent an auditorium for their principal. “I will let my agent negotiate the price of the auditorium for me.”
  • 58. Business Relationships 2. Principal-Agent 58 Careful! A life insurance agent represents the life insurance company, not you.
  • 59. Business Relationships 2. Principal-Agent 59 If a principal thinks their agent is not doing a good job, they can fire their agent.
  • 60. Business Relationships 2. Principal-Agent 60 The principal must trust the agent.
  • 61. Business Relationships 2. Principal-Agent 61 If the agent tells others that the principal will rent the auditorium for $3000, the principal cannot rescind the deal.
  • 62. Business Relationships 2. Principal-Agent 62 The agent has a fiduciary duty to the principal. Agent Principal
  • 63. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 3. Employer-Independent Contractor 63
  • 64. Business Relationships 1. Master-Servant (“Employer-Employee”) 64
  • 65. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 65 Agent Principal
  • 66. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 3. Employer-Independent Contractor 66
  • 67. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 3. Employer-Independent Contractor 67
  • 68. Business Relationships 3. Employer-Independent Contractor 68 A “Mary Kay” representative is not an employee of the “Mary Kay” company.
  • 69. Business Relationships 3. Employer-Independent Contractor 69 Each “Mary Kay” representative is an independent contractor running their own business.
  • 70. Employee or Independent Contractor? Independent contractors retain control over: • their schedule • number of hours worked • jobs accepted • performance of their job Employees don’t 70
  • 71. Employer-Independent Contractor 71
  • 72. Employer-Independent Contractor 72 Most hair stylists are not employees of the salon. They pay rent to use the chair. They are independent contractors.
  • 73. Employer-Independent Contractor 73 A 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.
  • 74. 74 A small college might hire a gardener to maintain the campus, but that doesn’t mean the gardener is an employee of the college.
  • 75. 75 Independent Contractor
  • 76. Business Relationships 1. Master-Servant (“Employer-Employee”) 2. Principal-Agent 3. Employer-Independent Contractor 76
  • 77. 77