...Which key agencies have suggested criteria for determining if a worker is an employee or an independent contractor? 4. What is the most important factor in determining a worker’s classification? 5. What are the consequences of misclassifying an employee? 6. Various federal and state agencies have established standards for determining worker status. Below are there of the more important: a. IRS common law criteria b. Darden Factors c. FLSA criteria 7. How do the standards above overlap? 8. [pic]Cases Classifications of Workers – there are two general categories of workers: independent contractor or employee. Independent Contractor: (read to Section Form SS-8) Definitions vary based on specific regulations or laws. However, in general, the “payer” has the right to control or direct only the result of the work done by an independent contractor, not the means and methods of accomplishing the result. Misclassification is common and the consequences can be significant for an organization (payer). In most cases, a worker’s status is obvious, but can be complicated. Other Worker Terms Contingent or Temporary Workers: Worker’s job with an employer is temporary, sporadic, or differs in any way from the norm of full-time employment. Individual still likely to be an employee, not a contractor. Have most of the protections of permanent employee such antidiscrimination, safety, and Wage and Hour Laws. ...
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...------------------------------------------------- CHAPTER 17-AGENCY LAW TRUE/FALSE 1. Larry decided to relocate to Germany. Larry hired Happy Homes, Inc. to find a buyer and contract for the sale of his house in the U.S. The agency relationship between Larry and Happy Homes must be evidenced with a written agreement. 2. If Denise is hired to work as a cashier, she has the implied authority to do acts reasonably necessary to carry out her job. 3. Erica's supervisor told her to arrange for a conference room at the Kelly Inn. Erica has express authority to contract for the room. 4. An agent must obey all instructions of the principal. 5. Jolene hired Lacy to find a buyer for her house. Adam was interested in buying the house. If both Jolene and Adam agree, Lacy, a real estate agent, may represent both parties. 6. As a general rule, an agent is liable on contracts entered into on behalf of a fully disclosed principal. 7. You cannot be held liable for the actions of your agents if the agents are violating your instructions. 8. If apparent authority is present, the principal is liable for even the unauthorized acts of the agent. 9. The death of an agent automatically terminates an agency relationship. 10. Generally, either party to an agency relationship has the power to terminate it at any time. 11. Rob agrees to act as an agent...
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...Agency Law 1. Agent is not a party, only representative to carry out almost all legal acts of principal. 2. Agent must have authority to represent. Relationship is normally contractual. a. Express authority ACTUAL: being set out/stated in words by principal, orally or in writing.超过一年或一年可能不能完成、买卖land/interest in land/business must written document即为power of attorney. b. Implication authority ACTUAL: • Authority被要求做things necessarily or normally incidental to acts that have been expressly authorized • Authority is given to agents employed in a particular capacity例如公司的经理 • Authority is customarily granted to agents employed in a particular market or type of business c. Apparent authority/ostensible authority名义代理 • Representation was made to third party that agent had authority to enter into the kind of trans in question • Representation was made by a person with actual authority to manage relevant aspects of 公司生意 • Third party was induced to enter the transaction by the representation and relied on it • The company in fact had the power to enter into the type of trans in question 3. Ratification a. If agent act without authority or outside the limit of actual authority, principal can assent批准by ratificaiton b. Ratification must be made within reasonable time and do not prejudice the interest to third party. c. No ratification of unauthorized act if principal is undisclosed. Principle is undisclosed when the third party not contemplate预期 of being legally bound to...
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...Law of agency From Wikipedia, the free encyclopedia Jump to: navigation, search The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another (called the principal) to create a legal relationship with a third party.[1] Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him and third parties into contractual relationship. This branch of law separates and regulates the relationships between: • Agents and principals; • Agents and the third parties with whom they deal on their principals' behalf; and • Principals and the third parties when the agents purport to deal on their behalf. The common law principle in operation is usually represented in the Latin phrase, qui facit per alium, facit per se, i.e. the one who acts through another, acts in his or her own interests and it is a parallel concept to vicarious liability and strict liability in which one person is held liable in criminal law or tort for the acts or omissions of another. In India, section 182 of the Contract Act 1872 defines Agent as “a person employed to do any act for another or to represent another in dealings with third persons”...
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...INTRODUCTION Agency has been defined as a legal relationship that exists between two persons where one called the agent is considered in law to represent the other called the principal in such a way as to affect the principal’s legal position in relation to other parties. This presentation will explore the below: • Definition of agency • Creation of agency • Effects of contracts made by agents • Rights and duties between principal and agent • Termination of agency DEFINITION OF AGENCY An agent is a person employed to do any act for another or to represent another in dealings with third persons. Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. The law of agency is based on the common law rules developed by English courts and rulings made by other courts in the Commonwealth. On March 14th 1978, Kenya adopted the convention on the law applicable to agency. In Timmins (Town) v Brewers' Warehousing Co. Ltd (1962) Schroeder, J.A. stated, inter alia, that "the outstanding feature of an agent's employment in a legal sense is that he is employed primarily to bring about business relations between the principal and third persons, and this characteristic is perhaps the most distinctive mark of the agent as contrasted with others not agents who act in representative capacities". The law of agency prescribes the legal rules for determining- (a) How a person may become an agent; (b) The rights and duties between the agent and the principal; (c) The relations...
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...Purchasing Officer's Personal Liability PROC 5810 Webster University Online 22 July 2013 Abstract If you research the internet, there are massive amounts of information on how the law handles purchasing agent actions when acting upon directions from their principal, but what happens when the agent acts alone, is the agent held responsible? What about signature authority or when the agent is careless and takes on actions that he/or she has no right to perform. Can a purchasing officer be held personally responsible for actions outside the knowledge of his principle? Purchasing officers (agent) are employees who buy supplies and materials for the companies they work for. They dicker over the smallest costs and make decisions for the company on materials and supplies that would benefit the company. Agents are also in charge of managing contracts and ensuring that they are completed in time. Purchase agents have to be educated with enough knowledge to make the right decisions on handling the purchasing, inventory levels, suppliers and the economics which will enable them to make the important decisions to help a company succeed. Contracts involve negotiating for bids, being technical in your knowledge and being able to access what products are needed is part of what makes the agent the expert and their field. Purchasing agents are expected to be able to meet with vendors and to be able to iron out the problems, so as not to cause harm to the company. The control...
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...transactions involving continuity of service, like a manager of a business. A general agent does not require fresh authorization for each transaction. Special agent: a special agent is an agent who is authorized to conduct a single transaction or a series of transactions not involving continuity of service. In other words, an agent who is given specific authority and specific instructions for a specific purpose is called special agent. Jane’s contract, which gives her authority to act on their behalf for the purchase of all ladies fashion ranges fulfills three elements-consent, control and on behalf of-of an agency relationship indicating that the case satisfies the definition of agency relationship between the Jane and her employer. Jane is supposed to be regarded as a special agent since the contract specifically mentions the range of her authority which is all ladies fashion ranges. We should pay attention that, as generally, the principal will not be liable for third parties who deal with special agents in areas outwith their specific instructions. 2. Before an agency can be formed, both the principal and the agent should have the legal capacity and actually exist. Generally, a person can do anything through an agent that he or she could legally do personally. The ways in which an agency can come into being: 1) Agency created by express appointment. In common with other types of contract, an agency can be created expressly – either in writing or orally. Examples...
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...actually a topic that I've been discussing with an insurance agency owner. This agency deals with personal lines as well as commercial lines of insurance and also focuses on health insurance and life insurance. Equipping insurance agents with iPads/iPhones that have multiple apps on them will allow the agent to do a better job in the field. They would be able to access their current client information, write new business, and make changes to existing business/policies (such as add a vehicle or drop a vehicle from a policy); they could accomplish all of this without being in their office. In fact, they could make these changes in a client's home or at a coffee shop with or without their client being present. SIDE NOTE: we also discussed an app for their clients to use that would allow them to access their insurance information, such as ID cards, when premiums are due, the ability to pay the premiums, etc. (this app would be branded around this particular insurance agency). How would it improve the business process? Having the ability to handle things for their clients as they come up would allow the agency and the agents to be a lot more efficient. It could also play a major role in reducing E & O (errors and omissions) claims, this situation occurs if an agent forgets to do something such as add a vehicle to the policy and then that said vehicle is involved in an accident. In this case, the agent and/or agency would be involved in a lawsuit. And how would the company...
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...Business Law I MGMT235-1401A-05 January 15, 2014 For this discussion board post we are to discuss the topics of Agency Law and the different principals and ideas that go along with it. There are three types of principles that exist; they are disclosed, undisclosed, and partially disclosed principals. A disclosed principle refers to when there is a 3rd party involved. The person/people are not hidden by the company to the person or persons that they are working with. For example, Let’s say you have a bill and you have not paid it, the company that you had the bill will originally may turn your account over to another collection agency and they would in turn contact you and let you know that your account has been turned over to their company to collect the debt on behalf of the original company. When it comes to an undisclosed principle, it’s just that, not disclosed, no information is given on that agent. They still are working either on their own behalf or through a company and do not want their information public. For example, if I was under an undisclosed principle I would not go into a meeting and say, “I am here on behalf of Yellowstone National Park”. This information would not be given out. For a partially disclosed principle, at the time of the deal, the person may know that the other person he is dealing with is portraying themselves as an Agent but does not know who the main source or principal is. For example, if I am speaking on behalf of a national park...
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...AGENCY RELATIONSHIPS ( Agency: A fiduciary relationship that results when one person (the principal) manifests her consent that another person (the agent) will act on her behalf and subject to her control, and the agent manifests his consent to so act. ( Fiduciary: A person who undertakes to act on behalf of and primarily for the benefit of another. ( Fiduciary Duty: A duty arising from the trust and confidence placed in a fiduciary by those on whose behalf and for whose benefit she acts. EMPLOYER-EMPLOYEE RELATIONSHIPS ( Employee: A person (1) who works for, and receives payment from, an employer, (2) whose working conditions and methods are controlled by the employer, and (3) for whose acts and omissions occurring in the scope of employment the employer is liable. ( Independent Contractor: A person (1) who works for, and receives payment from, an employer, (2) but whose working conditions and methods are not controlled by the employer, and (3) for whose acts and omissions the employer is not liable. DETERMINING EMPLOYEE STATUS ( To determine whether a worker is an employee or an independent contractor, courts consider the following: (1) how much direction and control the employer exercises over the details of the person’s work, (2) whether the person is engaged in an occupation or business distinct from that of the employer, (3) whether the work the person performs...
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...MARKETING OF INSURANCE SERVICES AGENCY APPROACH In recent times the insurance business has been based on agency representation and relationship. The agent represents the principal in the sale of insurance policies and in forcing a contractual relationship between the principal and the client. According to Nwachukwu (1991), the following criteria will be considered in agency creation 1) The creation of agency. The relationship can be formulated either through written or oral communication or by conduct. When required to act under seal, the agent must be given a document to validate his authority. This gives the agent power of attorney to act on behalf of his client. It has also been 2) Capacity: only individual who have been proven capable can act as agents. Exceptional cases are made during his period of sanity. Also a company can take up the role of an agent for another party, even if its not in line with the business operation of the company. The relationship that exists between the principals and agents is solely based on the resultant benefits. Classification of the Power and Authority of the agent 1) Express Authority: in this situation, the authority and rules governing the relationship is clearly spelt out in writing, oral or by deed. The oral form might not cure handy when issues come up. Where the written authority might not be specific and this gives room for manipulation of the principal by the agent. 2) Implied Authority: this authority...
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...TUTORIAL 7 (online) LAW OF AGENCY 1. Describe the relationship of a principal and agent? An arrangement in which one entity legally appoints another to act on its behalf. 2. Can an employee be an agent and why? Can because the employee is negotiating with customers on principal’s behalf. 3. Is a sole distributor an agent and why? It is an agent because its role is to become the middle person in distributing products. 4. In what circumstances can a person be an agent of ‘necessity’? It must be an emergency Need to protect principal from loss 5. What is meant by an agency created ‘expressedly’ and one created ‘impliedly’. It is expressed when spoken or written and; It is implied when inferred from circumstances cases 6. What are the consequences if an agent fails in his duties to the principal? He must compensate the principal for any loss resulting. 7. What can an agent do if he is not paid by the principal? Sue the principal 8. Explain what is ‘ratification’ in the law of agency and why would a principal want to ratify the unauthorised acts of an agent. When an agent, without the knowledge or authority of the principal, acts on behalf of the principal, the principal may choose to accept or reject the acts 9.What is meant by agency by ‘estoppel’? Where an agent, who has no authority, does acts to 3rd persons on behalf of principal, the principal is bound by those acts if he has, by his words or conduct induced such...
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...Role of Service Insurance Agents In: Business and Management Role of Service Insurance Agents rRole of an insurance agent / broker Insurance agents and brokers play an important role in marketing life insurance policies. They are the face of the insurance company.Most of the insurance policies world over are sold by insurance agents and brokers. From the insurance company point of they are the marketing and selling agents for their insurance plans. The following are the basic function they should perform. -Provide all the necessary application forms. -Submit application forms to the company. -Arrange for all the medical tests and related formalities. -Provide reminders premiums payments and return receipts. -Should help you make necesary changes in address ,nomination etc. -Help in the process of assignment -Assist you for any loan applications and related formalities -Should help you revive lapsed policies -Assist in claiming death benefits, if required ____----- ROLE OF AN INSURANCE AGENT The role of an insurance agent is to supply a comprehensive policy which will provide adequate protection in the event of a loss on your new home. It should offer coverage for your dwelling, personal property, loss of use, and liability. The amount of insurance should be equal to the replacement value of the dwelling. A bank or mortgage company cannot require insurance in excess of the dwelling replacement cost. The insurance agent can help you to calculate...
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...Global – Contracts & Offers Professor: Tonya Floyd LAWS 310 Devry University Table of Contents Introduction…………………………………………………………………………….. 3 Definition of Contracts…………………...........................……………………………… 3 The Greenleaf Manufacturing Proposal Analysis …………………………………………. 3 The Sunrise Ltd Proposal Analysis......................…………………………………………. 4 The Groupo Embraco Proposal Analysis.......................…………………………………. 4 Pros & Cons ...……………………………...........................................................………. 5 Domestic Sourcing……………………...........................................................………. 5 Foreign Sourcing…….......………………...........................................................………. 6 Contract Liability... …………………………………………………………..………... 7 Conclusion………………………………………………………………….…………... 8 Introduction Gloria’s business is going global and many decisions need to be made in order for her to fulfill her clientele’s needs. She needs to make decisions that make sense for her and her business. We will start by providing the definition of contracts and offers in our textbook, so we can have a clear idea of what we are about to discuss next. We will explore and analyze 3 different scenarios or proposals to suggest Gloria which one makes more sense for her business and her clients. Having the opportunity to expand her business and take it to the next level is definitively a situation...
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...was one of the most powerful one at that. Gangs are getting smarter at keeping their criminal activities under the radar to law enforcement and to ordinary citizens. Business owners are starting to get involved in illegal activity over greed. Organized crime is taking over all over the world and drugs are a big factor. Identify the problems presented and the various relationships established by organized crime. The FBI defines organized crime “as any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities” (Organized Crime). Organized crime just does not affect those in a gang or those doing illegal activities. IT affects everyone as a whole, locales, region, or the entire country. The Tsarnaev brothers were part of the Al Qaeda group, they killed four people at one of the biggest marathon in the United States and it affected the nation. The various relationships established by organized crime are cargo theft, fraud, robbery, kidnapping for ransom, and the demanding of protection payments. Describe the legal limitations associated with combating organized crime, including a critique of major federal laws and strategies that support this effort. The legal limitations associated with combating organized crime are placed to help the operating procedures with every law enforcement agency. Limitations exist to help ensure that the police recognize the rights and privileges guaranteed to citizens by a democratic...
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