Question

1) Creation of an agency relationship may be by (choose all that apply)

consensual agreement

necessity

operation of law

conduct of the parties

merger

express contract

estoppel

ratification of an unauthorized act

judgment

2)

State and federal government statutes, doctrines and practices that affect many aspects of employment law include, but are not limited to, (choose all that apply)

Civil Rights Act of 1964

Pregnancy Discrimination Act

Occupational Safety and Health Act

Equal Employment Opportunity Act

Fair Labor Standards Act

Social Security Act

Worker Adjustment and Retraining Act

Equal Pay Act

Americans with Disabilities Act

Employment Retirement Income Security Act

Answer 1

1.Answer: Consensual agreement, necessity, operation of law, conduct of the parties, express contract, estoppel and ratification of an unauthorized act

Explanation:

Agency creation can occur through express contracts. The conduct of the parties also determines whether the act is authorized by the principal and provides apparent authority to the agent if it is an authorized one. Hence agency relationship is created through the conduct of the parties. An important element in agency creation is consent of the parties. Hence consensual agreements also lead to agency creation as the act is based on consent. Agency creation happens by necessity in circumstances where the agent has to act without authorization in emergency situations to prevent harm to the principal. It is also created by operation of law based on a social duty or emergency situation where the agent has to take decisions out of the authority to avoid substantial loss to the principal. Estoppel is another method of agency creation where the principal causes a third party to believe that another person is the principal’s agent and the third party relies on this belief and act to his or her detriment. Agency creation also happens by ratification of unauthorized act when principal either by act or by agreement ratifies the conduct of a person who is not authorized as an agent.

2. Answer: Civil Rights Act of 1964, Pregnancy Discrimination Act, Occupational Safety and Health Act, Fair Labor Standards Act, Worker Adjustment and Retraining Act, Equal Pay Act, Americans with Disabilities Act and Employment Retirement Income Security Act

Explanation:

Civil Rights Act of 1964 is intended to prevent discrimination in employment and it affects many aspects of hiring, firing, promotion and other employment related activities. Pregnancy discrimination act avoid discrimination on pregnant woman and Occupational Safety and Health Act is intended to ensure the safety of the employees. Fair Labor Standards Act helps to ensure minimum wages, overtime payment and also prevent child labor. Worker adjustment and retraining act requires employers with 100 or more employees to give sixty days notice whenever 50 employees or more would lose their job as part of shut down. Equal Pay Act is to ensure equal pay for all assigned to the same job and ADA prevents discrimination of qualified individual with disability. Employment Retirement Income Security Act governs the pension rights of the employees. Social security act is intended to benefit the older, retired people and the unemployed ones, hence cannot be considered to be affecting the aspects of employment law. Equal employment opportunity act is to provide authority to EEOC for law enforcement and hence this also not considered as affecting many aspects of employment.