...SITUATION A Issue For Review: Employee A requested to be paid for his 11 week LOA. Management denied request. The Family and Medical Leave Act of 1993 (FMLA) The Family and Medical Leave Act (FMLA) is a U.S. federal law which requires employers to provide eligible employees at least 12 weeks of unpaid, leave of absence (LOA) time for certain qualifying medical or domestic reasons. The mandates of FMLA guarantee that the returning LOA employee will be reinstated the same or equivalent position, job duties, rate of pay, and benefits they held prior to taking leave. Covered Employers Eligible Employees • Private Sector Employers - Any business with 50 or more employees who have worked for 20 or more work weeks within the current -or last- calendar year. • State/Federal Agencies • Labor Unions • Employment Agencies • Employee must work for a federally recognized covered employer. • Employee has a minimum 12 months of service for employer; prior to a LOA, employee must have accrued service hours which total 1,250 or more. • Employee reported to a main work location which has a minimum of 50 employees within a 75 mile radius. Qualifying Reasons For FMLA: Serious Medical Condition - The employee cannot perform their job duties due to serious health issues. Military Service - Hardship resulting from spouse, child, or parent who is an active member of the military and is called into active service / deployment. Family Health Condition - Employee must care for...
Words: 1444 - Pages: 6
...Assignment 1: Social Media La-Nika Romain Gayles Professor Scott Levassuer Business Law I August 10, 2014 Assignment 1: Social Media In this paper, I will explain how Facebook utilizes the four components of legal astute social media marketing manager who utilizes social media outlets for consumer transactions and how each component can mitigate the risk involved in doing business in cyberspace. I will also list and analyze methods of alternative dispute resolutions and determine which would be most effective in resolving genuine disputes that may arise with consumers who may make purchases from links affiliated with social media. In addition I will examine how the federal government make control these transactions, since these transactions can occur across state lines. I will also examine the (3) branches of government and discuss which can make the most significant impact on regulating consumer transactions via social media. Lastly I will explain the agency relationship that exists on social media provider, and business that utilizes sites for advertisement. Social Media Facebook is a very popular social media site where users can express the way the feel freely without being judge. On this specific site they user can post pictures, videos and very amusing status. This site is also a way a person can keep in touch with family and friends from near and far. I can additionally say that I am also a member of the Facebook trend that has caught on and I have been...
Words: 1243 - Pages: 5
...Project 1 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. (10 points) U.S. Office of Personnel Management (OPM) controls the regulation of the Federal Employee Dental and Vision Insurance Program which intrigues me because of the involvement of teeth and vision. As I plan on doing things relating to both teeth and my vision shortly, this is interesting. The changes will affect me as the person applying, as the changes involve enrollment changes. However, it doesn’t affect me personally, because I’m not one who is involved in federal business, so I’m irrelevant. But I do know my Uncle who works for the city! 2. Describe the proposal/change. (10 points) Basically the change states that they wish to expand enrolling opportunities for people in the federal department of work. Which in my opinion is a good thing, some people need cleaner teeth. Yellow isn’t pretty, I know mine aren’t perfect, but come on. They’re representing us people! Also it allows them to switch coverage, if they want to or qualified to, which is a step in a good direction. 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment...
Words: 595 - Pages: 3
...“Jenson V. Eveleth Taconite Co.” Normarie Castellon Professor Lisa Browning Business Law – LEG 100 Spring Term 2012 Abstract In this paper, we will discuss the case of Jenson V. Eveleth Taconite Co. In August 1988, Lois Jenson and Patricia Kosmach filed a class action suit against Eveleth Mines alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 1(2). This case was the first sexual harassment class action to reach the federal court system, and was overseen by U.S. District Court Judge James Rosenbaum. We will look at this case and summarize the actions leading up to the lawsuit, discuss how management could have prevented the lawsuit, discuss ethical considerations, determine which sources of law would be most relevant, and finally make recommendations on what management could as alternate resolutions. “Jenson V. Eveleth Taconite Co.” Summarize the actions that lead to the lawsuit. This particular case was a very big lawsuit for its time and has been made into a movie we know as North Country. Almost from the beginning, according to court documents, Ms. Jenson and other women were subjected to sexual harassment, verbal abuse, threats, stalking, and intimidation. This behavior has since become known as "strategic" or "territorial harassment," in this case acts perpetrated by men in a predominately male workplace. Lois...
Words: 1300 - Pages: 6
...Law 1 #4, 5, 6, 9 4. The loan contract can be seen as voidable if there is significant evidence that Hauer was incapable of making the decision on her own. According to her psychological expert she was incapable of making decisions at the time the contract was signed. The contract can be voidable due to the fact that Eilbes and Schroeder might have convinced her to sign the papers with Hauer not knowing the entire terms of the contract. 5. Lee will be able to disaffirm the contract without reimbursing Haydocy Pontiac for the value of the car because she was a minor at the time she signed the contract. If terms state that the buyer must be twenty one years of age then Lee should be able to disaffirm the contract. Pontiac should have taken better action to ensure that Lee was twenty one at the time of purchase. 6. Joseph’s argument that he signed the contract when he was a minor and therefore lacked capacity to contract was a good argument. It was a good argument although it was not until 2003 he was sued. At this time it has been fourteen years since the contract was signed. Too much time has passed for Joseph to disaffirm the initial contract. 9. Johnson will not be able to get the card back because the legal owner of the card would be the boy who bought the card. The inexperienced cashier is at fault and action can only be taken against him. Johnson cannot get the card...
Words: 260 - Pages: 2
...Business Law – Assignment 2Advise Chris with regard to the law relating to offer and acceptance. In order to advise Chris it is necessary to consider the law relating to offer and acceptance. Chris placed the following advertisement in the ‘Antiques Monthly’ magazine on Monday; “Rare 18th Century Long case clock by Ticker for sale £15,000 or nearest offer”.Within contract law relating to offer and acceptance we need to assess whether this advertisement is an offer or simply an invitation to treat.An offer must not be vague and must be capable of acceptance as in the case of Guthing V Lynn (1831) 2B AD 232, in this court case the buyer of a horse made a promise to the seller that he would pay an additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers...
Words: 1503 - Pages: 7
...BusLaw Brinkley V. Casey and Big-City Newspaper FACTS Brinkley, a copy editor of the Big-City Newspaper finds a serious error in the headline banner for tomorrows newspaper. Brinkley reports to Casey, the chief editor about the error and its correction. Casey offers Brinkley a $500 bonus payable on her next check. Casey changes his mind about the bonus and tells Brinkley. Brinkley claims she earned the money, that Casey promised. ISSUE Was there an agreement between the two parties supported by consideration? HOLDING No. Casey offered the bonus after the services had been performed. To be a valid agreement, the services would need to be done after the contract was agreed upon. REASONING There was no open-ended contract stating that if any editor found and corrected errors that could save the newspaper legal expenses that the chief editor could offer a bonus. Casey is under no obligation to offer a bonus to Brinkley even if he stated that he would after-the-fact. Brinkley’s error catching and its correction is considered as past performance and has no legal standing for a breach of contract lawsuit. My Opinion Brinkley has no case for a lawsuit. Casey, on the other hand should pay the bonus for moral reasons and employee morale. Casey could change the newspaper’s policy regarding an editor's performance. Court The court would not support Brinkley in the lawsuit due to past consideration. Brinkley’s Attorney If I was the attorney I...
Words: 329 - Pages: 2
...Q1. Identify and describe the sources of legislation that are binding in Scots law and quote at least one example. Legislation is written laws that were made by those who we have given the right to make laws on our behalf. Legislation comes in three forms: 1. EU Legislation - passed by the institution of the European Union. 2. UK Legislation - passed by the UK Parliament 3. Scottish Legislation - passed by the Scottish Parliament European Union Legislation As a member of the EU, the UK is affected by each of the laws and policies that the EU Institutions have produced. EU Law consists of the various treaties and other legislation which was passed to set up the EU and also to give bodies with in it their powers. Other sources of EU Legislation consist of various Regulations and Directives passed by the now co-decision process involving the Council of the European Union and the European Parliament. The various treaties become part of the law of the UK upon being formally approved and invested by the United Kingdom Parliament. By accepting these treaties the United Kingdom Parliament gave power to the European Union Institutions to make laws which will apply throughout the European Union (which includes the UK). When the EU makes a regulation it will automatically become part of the law here in the United Kingdom. Examples of such legislation; Regulation 1251/70 – provides for the right to remain in the territory of a member state after having been employed...
Words: 1016 - Pages: 5
...Kimberly Cunningham BA – 226 Mid – Term Paper January 31, 2012 SOPA/PIPA “Stop Online Piracy Act”/“Protect Intellectual Property Act” Recently, there has been much debate regarding the Stop Online Piracy and Protect Intellectual Property acts. Both of these acts involve online copyright infringement of intellectual property. These acts are basically attempting to put in place regulations for the government to control the content of what is being “shared” over the internet. The first act that was written was the “Protect Intellectual Property Act,” (“PIPA”) which was introduced by Senator Patrick Leahy on May 12, 2011. This proposed act was to limit access to various websites operating outside of the United States which were/are engaging in copyright and intellectual property infringement. Basically, what is covered in this proposed act is the illegal infringement of copy written materials through various channels, including distribution via the internet. This act is proposing that internet service providers have a duty to protect copy written materials by making such internet sites unavailable to the average user by not posting links to questionable sites. In addition, search engines, under this act, would be required to disable access to any internet sites engaging in questionable activities and not provide a hypertext to these internet sites. The second act, (often referred to as the “Sister Act” of “PIPA”), was introduced by Republican House Member Lamar...
Words: 619 - Pages: 3
...Week 1 Assignment Business Law Name Course ID Date School Even though not all laws are defined by legislature, general rules have been put in place to maintain a legal standard. Being established by the English almost a thousand years ago, it moves with the times and allows changes to come in and set a new precedent or change what is already in place. Common law strives to maintain that standard by obligating judges to rule based on the precedents that have already been established. The sources of American law are separated into the primary and secondary sources. The primary source of law is mostly administrative. This consists of constitutions (federal and state), statutes and laws, regulations. The one that sets itself aside is Case law that provides a source of precedent. A secondary source of law interprets the legal jargon and uses it with the primary sources to establish the precedent. Depending on what the primary source being referenced is will determine the title of the secondary rule. If a statute is being interpreted then it will result in a statutory law. Not all secondary laws are required to be adopted by the states. Uniform laws can be accepted in part or not at all of the proposal from the National Conference of Commissioners. Precedent is a very important part of the decision making process. It protects the continuity of the legal...
Words: 566 - Pages: 3
...Chapter 1 Introduction to Law and Legal Reasoning Answers to Questions in the Reviewing Feature AT THE END OF THE CHAPTER 1A. PARTIES The automobile manufacturers are the plaintiffs, and the state of California is the defendant. 2A. Remedy The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions. 3A. Source of law This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law. 4A. Finding the law Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these sources to find the relevant state and federal statutes. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter UNDER THE DOCTRINE OF STARE DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED UNDER COMPELLING REASONS. EVEN THOUGH MORE COMMON LAW IS BEING TURNED INTO...
Words: 2146 - Pages: 9
...Week 1 Assignment 1. What is common law? Common law is the body of law that was developed from judicial and custom decisions in English and United States courts and is not attributable to a legislature. At first, common law was founded on common sense in regards to the social customs. Over time, it became supplanted by statute law, which is the rules that a legislative body approved, and also judgments from the higher courts. The precedents are then recognized, affirmed, and also enforced by the courts decisions. This in turn causes common law to become more expanded over time. When you contrast common law to civil law, common law is based on broader principles. In addition, civil law is based on a rigid code of rule. In addition, in civil law, the defendant is considered guilty until proven innocent once entering criminal trial. Common law is the opposite since the defendant is innocent until proven guilty. 2. What are the sources of American law? There are several sources of American law. The sources include common law, statutory law, administrative law, court rules, and constitutional law. The primary sources of American law include the U.S. constitutions and constitutions of the states, statutes and laws passed by Congress and state legislators, regulations that were created by administrative agencies, and case law or court decisions. Secondary sources of law would include things such as legal encyclopedias, legal treatise, or articles in law review. Statutory...
Words: 618 - Pages: 3
...Work Submitted to the Ramon V. Del Rosario College of Business De La Salle University – Manila In Partial Fulfillment Of the requirements in BUS520M Business Law Submitted by: GROUP 4 Amparo, Lourdes Lagman, Mia Marie Legaspi, Jill Noreen Submitted to: Atty. Antonio Ligon April 6, 2016 I. Background 1. Philippine Business a. History 2. Doing business in the Philippines b. Forms of business 3. Definition and Origin of Joint Venture (JV) II. Statement of the Problems 1. What are the applicable laws in joint ventures? 2. What are the tax implications? 3. Are our current joint venture laws sufficient? Especially with the Asean integration? III. Statement of Objectives The research study aims to: 1. Identify the applicable laws in joint ventures 2. Identify the tax implications in joint ventures 3. Identify insufficiencies (if any) in our current joint venture laws and make recommendations IV. Discussion 1. Nature of Joint Ventures in Philippine setting 2. Governing Laws 3. Foreign Investments 4. Scope of Joint Venture Business Activity 5. Taxes in Joint Venture 6. Example of JVs in the Philippines V. Analyses VI. Recommendations VII. Learning Points VIII. References I. Background of Philippine Business History Historians state that the early start of business in the Philippines dated back in the 14th century, however...
Words: 6012 - Pages: 25
...Business Entities Jessica Perez BUS 311 Business Law Instructor: Janet Fiorentino 12/1/2014 As the manager of Acme Fireworks, I need to gather information to help the owner determine whether or not he should continue to be a sole proprietorship or if he should switch to another business entity. I will help him do so by explaining each entity and how they relate to his business situation. I am the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed me that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he...
Words: 1327 - Pages: 6
...and restaurant business. They need an investor, so that’s when Miriam came into the picture. She will just be a silent partner and will get a percentage of the profits. When having two or more business partners, they can form a LLLP. Limited Liability Limited Partnership (LLLP) is ”a special type of limited partnership that has both general partners and limited partners, where both the general and limited partners have limited liability and are not personally liable for the debts of the LLLP.” (Cheeseman, 2010) This is also a form of a general partnership. For example if I go into a business with one or more partners to make a profit on whatever the business it is. That will be a general partnership. Miriam wants to get in on the business, but don’t have the time to put in at the bar. She would be in a limited partnership. Limited partnership comes in two types, general partners and limited partners. Miriam would fall under the limited partners because Miriam doesn’t have the time to deal with the business aspect of the sports bar and restaurant. It also states that limited partners are “partners in a limited partnership who invest capital but do not participate in management and are not personally liable for partnership debts beyond their capital contributions.” (Cheeseman, 2010) Taking control of a business takes a few different steps and with those steps is called a formation of a general partnership. In the formation of a general partnership the business has to “meet...
Words: 607 - Pages: 3
