Running head: Commercial Law 1

Commercial Law and How It Presides Over Company Dealings

Travis L. Summers

Columbia Southern University BBA 3210

Commercial Law 2
Abstract
For a lot of businesses moral principles is something to be made clear and administered by higher-ranking management. Consider the point of view for and in opposition to this type of direct oriented arrangement. In today’s the human race it is all too ubiquitous to see additional and supplementary populace ambitious to gain accomplishments at an ever growing velocity. Modern civilization can and without a doubt is tagged as insatiable and inconsiderate, through my general time spent in selling, I have stumbled upon many of these variety of citizens.

Commercial Law 3 What exactly is labor laws, cyber laws and ethics associated with the commerce law and why are these laws so important is today’s society? We will discuss this question and determine, why these laws are important to business in the world today. We also will discuss a few significant steps that have been approved over the last decade to look after the workforce of businesses in this country and overseas. After we talk about the above we can discuss who gets the protection and who is not allowed the said protection. Then the discussion will turn to the diversity among a contracted individual and a full time employee. The first act is a law that came about do to women’s rights and this law is called the pregnancy discrimination law. This law was adopted in the late 1970s. What this law did was that it did not allow businesses to discriminate against an employee that was pregnant or any other medical issue from being pregnant. Second law that came about to protect the employees is the Americans with Disability Act. This law was not actually approved and made into a law until the 1990s. This act is the second biggest law that has occurred right after the Civil Rights Act which occurred in the 1960’s. The Americans with Disability Act “imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities” (Cheeseman 2007). The third law that I would like to briefly talk about is the Age Discrimination Law. This law was established in the late 1960s. “Primarily, employers have often refused to hire older workers. The Age Discrimination in Employment Act (ADEA), prohibits certain age discrimination practices” (Cheeseman, 2007). This law came about because a lot of employers
Commercial Law 4 in those days would use age to determine if the applicant would receive the job instead of using the qualifications. The last act that I would like to cover is the Civil Rights Act. This law was established in the early years of 1960s. The law was enacted to stop the discrimination on the bases of the possible employees race, gender, color, religion, and national origin. Now that we know a few of the different acts that the country established to protect its workers we can discuss briefly what the above laws actually did. The first one, pregnancy discrimination forbids a employer from making any internal rules that would prevent them from hiring a women who is pregnant or has already given birth to a child. The second law that we discussed above was the Americans with Disability Act. This act was placed to protect eh rights of Americans with disabilities by requiring a business to ensure that they provide a disabled employee transportation and the right to use the phones and or computers. The third law is the age discrimination act. This act is simple because it is pretty much just that a employer cannot discriminate against a applicant just because of their age. The last and final act or law that I would like to briefly discuss is the Civil Rights Act and or Title VII. This act covers all employees and or applicants from being discriminated against because of any of the five areas that we talked about early. Now that we know a little more about the acts that protect employees we can talk about the key differences between a contracted employee or better known as a independent contractor and a full time employee. The first difference is that a contractor is hired to do a specific job for the company and does not have to respond to the company about his or her job. “Independent
Commercial Law 5 contractors usually work for a number of clients, have their own offices, hire employees, and control the performance of their work” (Cheeseman, 2007). Employees on the other hand are required to conversant with their bosses and follow all rules and policies that the employer has enacted to protect itself and its employees. Protection under the acts that we discussed is simple, if you are an employee or you are looking for a job and you feel like you have been discriminated against and you fall into one of these acts then you have a right to file a suit against the company that you are applying for or working for this present time. The next thing that I would like to discuss is what exactly are cyber laws and how do they protect companies and employees of business. A lot of countries have seen impending risk to their dominion all the way through the use of their central processing units and the world wide web. In these countries the police and the politicians have tried to enforce their own laws concerning the use of computers in their own country. This is a big issue because every country has a different view and definition of what constitutes a computer crime. Several groups are and have challenged to construct something like socially approved standards and manners when utilizing the web. The internet social order is nothing more than a “non-governmental international organization for global cooperation and coordination for the internet and its internetworking technologies and applications” (1). This society came about by the big internet services coming together and working as one to protect cyber space. One of the main issues confronting the internet society is the freedom of speech. Does or does not the freedom of

Commercial Law 6 speech act apply to internet? That is a question that still has to be determined by the law in each and every country. Although public events have begun because of unnecessary electronic messages, a fresh act must be circumspectly in black and white and legitimate in its endeavor to limit spam. In my opinion the worst phase will be how to affect new sets of rules for online communiqué. You cannot use the set of laws currently in place because they are not intended for the internet and they must be suitable for the new technology. By utilizing the already in place local laws it is hard, because the internet goes through every state in the United States and through practically every country. What needs to be done is that the politicians and the police must understand how to use the internet and how they could develop a law to control what happens on cyberspace. Now that we have discussed the beginning of commercial law and cyber law, we can concentrate on ethics and how do they apply to commercial law. First off, what does the word ethics mean to you? To me, it means that you have to take into description every feature involved in any specified state of affairs, people’s manners, opinions, and interests, both at the moment and in the upcoming, and take steps as best one can to accomplish the most adequate result for everyone’s piece of mind. Not only do individuals have ethics but lately most businesses have developed their own code of ethics and are enforcing them throughout their company. Commercial Law 7 This restricted model for managerial principles is largely apprehensive with removing the best likely consequences for the institution as a sum total. When performing within a positive surroundings, be it home, nationwide, or international, the business must be seen to be collectively suitable. In my opinion, this thought of being in command of the organization’s self awareness simultaneously with retaining a good reputation in the communities eye to be the major aspect for organizing these moral regulations. In cooperation of these, it can only be accomplished with unmistakably definite codes of beliefs from which individuals’ responsibilities can obey the rules all the way through a approach of consistency. “An employee, therefore, willingly submits to the thoughts and ideals of the organization when they sign the contract of employment. That is, the exchange of labor for wages in which employment consists involves a promise on the part of employees to accept the directives of managers. To be sure, employees may be expected to use their own judgment in carrying out the tasks assigned to them. But if a managerial directive conflicts with an employee’s judgment, the directive must take precedence. Otherwise the employee is attempting to renege on a morally binding agreement” (McMahon, 1989). “The term responsible is firstly, sometimes used to mean ‘trustworthy’ or ‘dependable’…second, the term is used to mean ‘obligation’. Third, responsibility is sometimes used to indicate that an action or its consequences are attributable to a certain agent” (Velasquez, 1983). Organizations now a days have ethical imperviousness, whereby an person could be ethically predestined for their dealings, they could not if they were following the objective of their employer. “Whenever organizations act, people act, and for every act of an organization there are at least some acts of individuals such that if these individuals had not performed their acts,
Commercial Law 8 and no one else had, then the organization would not have performed the act attributed to it” (Haworth, 1959). Each individual person who is employed or trying to submit an application to a particular business has the right to be protected by the laws that have been enacted by the government and or the employers. Every person has the right to communicate to each other via the internet without worry and losing their first amendment; as long as the communication does not deter others rights and or violates their rights. Lastly, we have the influence to imagine and judge for ourselves then we must acknowledge the penalty of our own actions.

Commercial Law 9
References
Cheeseman, H.R. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues (5th ed.). Upper Saddle River, NJ: Prentice Hall, Inc.
Haworth, L. (1959) ‘Do organizations act?.’ Ethics 70(1): 59-63
McMahon, C. (1989) ‘Managerial Authority’. Ethics, 100: 33-53
Velasquez, M.G. (1983) “Why Corporations are Not Morally Responsible for Anything They Do”. Upper Saddle, NJ: Prentice Hall, Inc.
What Is The Internet Society? URL <see http://info.isoc.org:80/whatis/index.html>