Business Law Flashcards

a. workers at a business engaged in interstate commerce
b. domestic workers (nannies, chauffeurs, housekeepers)
c. state and local gov. workers
d. most federal employees

Executives
Administrators
Professional employees (anyone with professional degree)
Outside sales person
Employees of certain small farmers
Casual baby-sitters (not full-time)

a. certainly highly paid commissioned employees of retail and service businesses
b. farm workers
c. domestic service workers that reside in their employer's homes

1. full-time students at an institution of higher learning
2. youth under 20 for the first 90 consecutive days of employment with that employer
3. individuals whose productive capacity is impaired by age, physical, or mental defiency

willful, wanton, substantial disregard for the employers interest

Not mere negligence or incompetence

a. Voluntary termination plan (early retirement)
b. good cause

Two part test
1. Did E'ee have a reasonable dispute with E'r?
2. Did E'ee take reasonable steps to resolve the dispute before quitting?

a. Cannot hire, recruit, or refer for a fee unauthorized aliens
b. Cannot employ an alien in the U.S knowing that the alien is or has become unauthorized with respect to employment

state laws.

without regard to negligence or fault.

If the employer is involved in an intentional tort (i.e. tort)

1. immediate medical benefits
2. prompt periodic wage replacement - not usually as much
3. death benefit (family receives)
4. payment for loss of function or disfigurement
5. vocational re-training

course and scope of unemployment.

unpaid lunch breaks, "coming and going"

Exception: "special errand exception" If employee is on a special errand for work, if injuries occur during that than it's work.

1. how obnoxious means used to intrude
2. reason for intrusion