Introduction
The modern business environment requires the effective functioning of the internal and external environments to ensure that the organization can achieve success. The well-being of the employee is of particular concern in the modern business setting as it helps determine measures that should be taken to help improve their experience at the workplace. In the agency and employee law, the lawmakers identified the importance of setting up laws that guide employment agencies while clearly outlining the labor rights of the people who get an employment through them. The process involves a professional going to an agency and he or she is sent to an actual employer appropriate work. In employment law, the employer serves as the principal while the employee and other individuals hired by the former may serve as agents. The laws established help create a regulation of the relationship between the two parties and dictate the liabilities as well as duties towards one another.
Impact Principal and Agent Create on the Business and Employees
The business environment that consists of agent and principal significantly impacts the business and its employees. The existence of these two parties ensures that the work environment is set as the cooperation between the two only leads to the production of goods or services and in some cases both. The principals have the ability to influence the standards and values of the particular environment. For instance, the oil manufacturers acting as principals will determine how many employees are required in the production of a specific number of barrels of crude. These principals will also help create the establish standards that will help protect the health and well-being of the employees as they undertake their various roles in the manufacturing process. The principal is also capable of undertaking multiple transactions at the same time by utilizing the services of an agent. As a result, the presence of these two parties helps create efficiency in the business through clear allocation of tasks and roles in achieving the set objectives.
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The employment law allows for agency in the business environment as a critical factor of ensuring the well-being of the employee and the business as well. Agency enables the employee to take action in the capacity of a business owner enabling personal development and growth in the various skills and competencies. An employee acts as an agent of the employer, but not all agents are to be considered employees. It is important to note that agents are to be considered binding particularly when acting in the capacity of the employer or in their absentia. Unlike normal employment, there are some capacities of agency that are solely based on the needs of the principal. For instance, an employer may hire the services of a lawyer for the sole purpose of pursuing a debt claim. The lawyer serves as the agent, but he or she will not necessarily undertake similar activities for another employer. Fair recruitment and gender rules will usually come into play in scenarios where agents are required in to undertake specific work. The principals are expected to uphold principles that will create a productive working environment that is of benefit to the parties involved.
Express, Implied, and Apparent Authority on Equal Opportunities
An agent is recognized as an individual representative with the authority to make decisions or while also creating obligations of another who is considered the principal. In order to accurately identify agents, it is essential that one recognizes the authority they have or given to them by the principal. The transactions or obligations of the agent usually determine their authority. Agency by agreement may be referred to as express agency whereby the principal and agent enter into a mutual agreement as both parties negotiate the terms. Therefore, the agency in this case is rooted in contract law. The laws dictated in this juncture will help determine possibility of equal opportunities that will be accorded to the employees.
Agency can also be created by an implied agreement between the principal and the agent. This scenario occurs where the nature of the principal’s business and the position held by the agent within the same demonstrates that the latter may have had permission from the principal to undertake specific actions. In an implied agreement, the agents have jurisdiction to perform actions that fulfill the purpose of the organization. Contract law significantly provides the authority under this agency and could potentially give the agent equal opportunity as they have the power to make a legally binding contract that is on behalf of the company or employer.
Under the apparent authority, agency is created where an agent has the power to act on behalf of a principal even though the authority has not been granted either expressly or impliedly. In this case, the behavior of the agent makes it seem to a third party that the agent has authorization to conduct business on behalf of the principal. The conduct of an agent may be legally binding to a principal. In this agency authority, it is evident that the employees have equal opportunities as they can receive treatment based on merit and not by the authority given by the principal.
Laws Protecting Workers Against Discriminatory Practices
There are various laws that have been enacted to abolish instances of discrimination of workers. In this regard, they identify the possible actions of discrimination that are unacceptable in the work environment. For instance, title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on pregnancy, sex, race, age, disability, religion, national origin, and genetic information. The law prevents employers from showing favor to particular workers in terms of wages and salaries offered. Some other laws that prevent the occurrence of discrimination against workers include; Lilly Ledbetter Fair Pay Act, Rehabilitation Act of 1973, Family and Medical Leave Act, Pregnancy Discrimination Act, Americans with Disabilities Act, and Genetic Information Nondiscrimination Act.
Legal Protections in the Workplace for Employee and Independent Contractors
The legal protections present in a workplace are different for an employee and independent contractor. As mentioned earlier, the employees may serve as agents to the employer, but not all agents are employees. The difference is evident in the legal protections accorded to the employee and independents contractor. The taxes of the employee are withheld by the employer while the independent contractor is expected to file self-employment taxes. Employees have a legal protection of receiving healthcare contributions from the employer. However, this law may be different according to states and the size of the business organization. Independent contractors do not receive employee paid healthcare, but may be subject to various protections in case of injuries sustained during delivery of service. The employees have the ability to form unions while independent contractors may not enjoy similar benefits. However, there are numerous employers in specific industries that expressly prevent their workers to unionize. Once the option to form a union is waived in a contract, the employee may not reverse the decision. The employee has a legal protection to receive worker’s compensation while the independent contractor does not share in the same benefit. This benefit is a form of insurance that provides wage replacement and medical benefits to employees who suffer injuries during the course of employment. As a result, the worker has to relinquish their right to sue the organization or employer for tort negligence.
References
Aloisi, A. (2015). Commoditized workers: Case study research on labor law issues arising from a set of on-demand/gig economy platforms. Comp. Lab. L. & Pol'y J., 37 , 653.
Harris, S. D., & Krueger, A. B. (2015). A Proposal for Modernizing Labor Laws for Twenty-First-Century Work: The Independent Worker . Washington: Brookings.
Howard, J. (2017). Nonstandard work arrangements and worker health and safety. American Journal of Industrial Medicine, 60 (1), 1-10.
