I. REVIEW

II. HUMAN RESOURCE MGMT III Agency law Labor relations

III. WRAP-UP

DISCRIMINATION IN EMPLOYMENT: THE LAW

Title VII of Civil Rights Act: “No discrimination based upon race, color, religion, sex, or national origin”

Title IX of Education Amendments: “No gender discrimination in education”

DISCRIMINATION IN EMPLOYMENT: THE LAW

Equal Protection Clause of the U.S. Constitution

“No state … denies equal protection of the laws”

Strict scrutiny (suspect classification) Intermediate scrutiny (quasi-suspect classification) Rational basis review (all others)

DISCRIMINATION IN EMPLOYMENT: THE LAW

ADEA: Prohibits age discrimination

ADA: Prohibits discrimination based upon disability

SEXUAL HARASSMENT

Quid pro quo harassment

Hostile environment harassment (harder)

Objective prong: Hostile to a reasonable person

Subjective prong: Severe enough to P?

AGENCY LAW: CREATION

Agency relationship: Fiduciary relation between principal & agent

Principal: A person represented by his or her agent (e.g., Terrell Owens)

Agent: A person representing another (e.g., Drew Rosenhaus)

“Fiduciary” duty Entrust & loyalty Agent MUST put principal’s interest prior to

agent’s self interest (legally required!)

AGENCY LAW: CREATION

Types of agency (4)

Express agency: Contract expressly provides agency relation

Implied agency: Based upon previous transactions Apparent agency: Principal cloaked the person as

his agent in front of other people Ratification agency: Principal has accepted benefits

from deals made by another on behalf of himself and kept silent even though there is no formal agency relationship (then the principal will be subject to future deals made by the person)

AGENCY LAW: DUTIES

Principal’s duty Compensation Cooperation Providing safe working environment

Agent’s duty Loyalty: Good faith; no conflict of interest

acceptable Performance: Reasonable care & skill Accounting: No comingling principal’s asset with

his or her own asset Obedience: Must follow instructions given by

principal

CONFLICT OF INTEREST

When serving one client conflicts with another client

How to resolve conflict of interest Not taking clients creating conflicts (unrealistic) Obtaining client’s consent (must be known &

voluntary)

Standards Attorney agents: More stringent Non-attorney agents: Less stringent

TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS

Very popular story in agency industry

Small town athlete represented by old friend as agent

The athlete now has a very successful career A big agency corporation attracts the athlete

by better supporting system The athlete breaches the old agency contract

and goes to the big time agency

TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS

Elements of the claim: Plaintiff (old agent) must prove

There was a valid contract between agent and athlete

Defendant’s knowledge of the valid contract Defendant intentionally induced athlete to

breach the valid contract (hard to prove) The athlete actually breached the valid

contract Old agent has damage

MANAGERIAL CONCERNS IN LABOR RELATIONS

Higher job satisfaction higher productivity

Distraction negative economic impact

Vicious cycle Labor stoppage less revenue decreased # of

jobs ripple effect impact on surrounding areas

BODY OF LABOR LAW: NLRA (1935)

Scope: Covers “private” BS entities

Encouragement of Collective Bargaining Agreement (“CBA”): About HRs, wages, terms, conditions

Unionization process Employees of common bargaining interest Must get union certification from NLRB (below)

National Labor Relations Board (NLRB) Oversees election & certifies unions Prevents unfair labor practices

LABOR RELATIONS IN SPORTS

All have unions: National bargaining units

Unique aspects of players associations High turnover rate & short career (e.g., NFL 4.3

yrs) Great disparity b/w bench warmers & super stars No union for coaches & front office staffs

Teams also want players’ union for Antitrust exemption (something negotiated in labor deal is exempted from Antitrust scrutiny)

EMPLOYEE RIGHTS UNDER LABOR LAW (NLRA §7)

Right to join or assist unions Right to engage collective bargaining through union Right to engage concerted activity

CERTIFICATION OF UNION (NLRB) Authorization cards from 30+% Right to election, not a certified union yet Election + NLRB’s certification Now it’s a

union

SIZE OF CERTIFIED UNION ERs: Want local level certification EEs: Want national level certification

DISPARITY TEST (PLAYERS? STAFFS? COACHES?)

Common supervision Common policies & work rules Shared work area & similarity of job Similar evaluation Similar pay & benefits Interdependence of operations History of collective bargaining

NLRA §8(a): EMPLOYER UNFAIR LABOR PRACTICES

To interfere with employees’ exercise of §7 rights

To support, dominate, or interfere with union To encourage or discourage union

membership To retaliate employees for union activities To refuse to bargain collectively with union

representatives

LAW OF AGENCY: CREATION OF AGENCY

Express agency Implied agency Apparent agency Ratified agency

LAW OF AGENCY: DUTIES

Fiduciary relationship: Prioritize principal’s interest

Duties of principal: Compensation, cooperation, & safe working conditions

Duties of agent: Loyalty, reasonable performance, accounting, obedience

LABOR RELATIONS

Managerial concerns: Labor dispute always harms business seriously

Labor law (NLRA) Recognizes EEs’ rights to concerted activities Certification of union Created an administrative agency (NLRB) Provides what is an unfair labor practice