Today we studied Unemployment Compensation and sexual harassment . We reviewed the concepts of "unwelcome advances' and "hostile work environment" as well as the more direct and open forms of harassment and coercion. I noted how employers can seek to defend claims by arguing that they have an anti- harassment program in place to educate employees . Last, we examined available damages for harassment: back pay, emotional distress and ,in some cases ,punitive damages.
We studied the provisions of the Equal Pay Act,The Age Discrimination Act, and the ADA. Regarding the ADA, we detailed what constitutes a disability and the meaning of the statutory terms "reasonable accommodation" and "undue hardship." We discussed various fact patterns applying these terms noting the difficulty of addressing these situations when the disability arises during the term of employment.
We analyzed the provisions of the 1964 Civil Rights Act that prohibits discrimination against certain protected classes ; race, religion, national origin, sexual orientation. I provided instruction on the role of the EEOC and then discussed the methods of proof: direct evidence, disparate treatment, and disparate impact. Kaitlin actively participated in class discussion regarding this controversial area of law and policy.
We first reviewed Kaitlin's homework applying principles of employment law related to the legal consequences attendant to distinguishing an employee from and independent contractor. We then began our next chapter exploring statutes that impact the employer-employee relationship. Today, we addressed workers compensation laws as an employee 's exclusive remedy for injury sustained in the workplace. I noted that notwithstanding workers compensation laws employees can still sue a third party for product liability if the injury is caused by a defective product.
We studied the provisions of the Fair Standards Labor Act that governs overtime pay and discussed the implications of non-compliance. We further examined arbitration clauses. I noted how in theory these clauses are supposed to make litigation less expensive and more efficient. However , I explained why this in reality is not the case and further noted the limited rights of appeal from an arbitration award. We then explored the benefits of a waiver of right to jury trial in a contract. I addressed Kaitlin's questions about the mechanics of the jury system in both criminal and commercial cases.
We studied the tax treatment of both employees and independent contractors. I noted the employer's obligation to remit payroll taxes ( approx 7%) of its employees' salaries to the federal government to pay for Social Security and Medicare. By contrast, independent contractors must remit the entire amount ( 15%) due. I then discussed the role of the employee handbook and employment at will, noting how the handbook may impose contractual obligations on the employer, for example prior to termination of an employee, thus modifying the "at will " concept. Last, we discussed employee references and the legal pitfalls inherent in making a reference .
During the first segment,Kailtlin completed a short quiz on agency law. We then segued into employment law. After emphasizing the distinction between employees and independent contractors, I provided instruction regarding employer obligations regarding compensation (overtime) , occupational safety, and discrimination all of which we will detail in the next chapters. We further discussed the use of W-2s, 1099s, and the role of the employee handbook which some states consider a part of the employment contract.
I continued instruction on the importance of differentiating an employee/agent from an independent contractor. I addressed characteristics of each as we noted how principals might prefer to designate some paid personnel as independent contractors to avoid possible tort or contract liability and to avoid payroll taxes. We then completed exercises on the chapter's legal terminology followed by a study of fact patterns involving undisclosed principals and agent liability.
I demonstrated the distinction between a disclosed principal. an undisclosed principal, and a partially disclosed principal by projecting contract signature lines illustrating all three. We discussed how personal liability of an agent can arise where an agent signs without disclosing the principal. We further studied the obligation of agent to principal and principal to agent focusing on conflicts of interest in dual agency. Last, I examined the difference between an employee and an independent agent.
