...Running head: STATE VS. FEDERAL REGULATIONS PAPER State vs. Federal Regulations Paper XXXXXXXX University of Phoenix XXXXXXX MGT/434 State vs. Federal Regulations Paper Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under...
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...| Federal Vs State Policy Comparison | | | CJA 464 | Robert Powers | | Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing State & Federal Courts, 2013)”. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law. The Fourteenth Amendment in the United States Constitution designates that the Bill of Rights valid in each state. According to the Constitution federal law is designated to govern items passed in legislation by the United States Congress...
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...What is a federal form of government? What image do you have of when you think of federalism? \Do you think of the federal level of government? State government? Local governments? All three? Layer Cake, Marble Cake....21st Century View: Intergovernmental Relations Do democratic governments need to be organized as federal systems? Great Britain has a Unitary form of government How does this differ from the U.S.? Powerful central government with federal or central government mandates (laws) that are implemented (put into place) throughout the whole country= Unitary govt. Examples: National Health Policy throughout the whole country so that you can go from city to city in Great Britain and use your health card at any hospital. (Portability of health insurance in U.S.: can get care anywhere in our country) Current American example of an issue that is being discussed as a national issue: elections Should we have Congress pass federal rules for identification, times polls are open, voting ahead of time, etc.? Do you personally tend to look to the federal government to solve problems in the U.S. ? (synonyms for federal govt.: national govt. and central govt) OR Do you tend to focus on your state government or on your city or county (local) government? We do not have good political theories of when federal minimum national standards are appropriate...
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...Jeffrey Coleman POS 1010 Arizona vs. United States In 2010, Arizona highlighted policies that would ultimately affect the lives of many immigrants who came into the U.S without legal permission. Many civil rights groups had seen this as racial bias. These became an issue with federal government and they challenge this as “unconstitutional” this act was in fear that Arizona was trying to neglect the sovereign powers of the federal government on federal immigration laws. Arizona passed the law that makes it a state misdemeanor crime for any aliens or immigrants to be in the state of Arizona without carrying the required documents of registration. This law was made clear and constitutional through the 10th amendment. This Amendment states that “Those powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively or to the people”. In clearer words this gives states the power that federal government does not cover by the constitution or “police powers”. For example if Arizona wants to exercise a new law in there state they have the right to do so if the national government to cover that subject of matter of the law. People who don’t agree with this law say that this encourages racial profiling, while people who support this law say that this prohibits the use of a race as the sole basis for investigating immigration status. This law was later modified by Arizona House Bill 2162 to address the issues...
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...government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of the united states (1789-present) Events leading up to the US constitution * By the 18th century, two-tier system of governance had evolved – local colonial assemblies vs Parliament in Britain * Britain’s involvement in the seven years’ war cost money that they tried to recoup from the colonies * Sugar act (1764) * Stamp act (1765) * Colonists responded with...
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...financial environments that various entities exist in. These include for-profit, not-for-profit, and government organizations. These environments have many similarities, as well as differences. Examples of these may include the Methodist Hospital in San Antonio, which is a for-profit organization; the American Heart Association, which is a not-for-profit organization; and the U.S. Department of Health and Human Services, which is a government organization. Each of these organizations has their own practices and policies unique to them. Not-For-Profit According to Investopedia (2016), a not-for-profit organization does not earn profits with the intent to line the pockets of an owner, but rather it is earned or donated and then used to achieve the goals or objectives of the organization. Many, but not all NFPs are charities or some other public service organization. NFPs are able to apply for a tax exempt status, as long as they meet certain criteria set by the state and federal government, thereby freeing them from most forms of taxation. Any donations that are made to the organization may be tax deductible for the person making the donation. According to Carter (2016), “Not-for-profit organizations raise capital by soliciting donations from businesses and individuals. Government and private grants may be used to fund the operation of a nonprofit organization. A not-for-profit organization may have an easier time getting the public to donate capital in comparison to a for-profit organization...
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...A recent Greenpeace study found that minorities make up twice as large a population share in communities with these unwanted sites as in communities without them. In 1980 the average minority population near a landfill or hazardous waste facility was about 22%; in 1994 it was 36%. I. INTRODUCTION People of color in the United State and around the world are subjected to a disproportionately high level of environmental health risk in their neighborhoods and on their jobs. Minorities, who tend to be poorer and more disadvantaged that other residents, work in the dirtiest jobs where they are exposed to toxic chemicals and other hazards. More often than not they also live in urban ghettos, barrios, reservations and rural poverty pockets that have shockingly high pollution levels and are increasingly the site of unpopular industrial facilities, such as toxic waste dumps, landfills, smelters, refineries and incinerators. Environmental Justice combines civil rights with environmental protection to demand a safe, healthy, life-giving environment for everyone. II. ORIGIN In 1987 the Reverend Benjamis Chavis of the United Church of Christ in the United States, demonstrated there is a direct relationship between communities of racial minority or low income and contaminated toxic waste sites. With the study the existence of environmental discrimination against these groups was demonstrated, so that environmental justice was claimed to eliminate it. Environmental Justice is the fair...
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...University, is a record of an original work done by me under the guidance of Ms. Alinkrita Tripathi who is the Assistant Professor in ILNU. The results embodied in this thesis have not been submitted to any other University or Institute for the any award or degree. A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development India is the largest democracy which is reason of pride for every Indian. Democracy always reflects view of majority, so now question arises what about those people who are in minority or culturally diverse but still they are part of this nation like Tamils, north east people, Bengali and many other people who are different from rest of India. The answer to this problem lies in federal structure of Indian constitution, which links it to the voice of the minority borrowing a flavor of social justice. This ensures harmonious execution of the entire system. Federalism, cultural and ethnic diversity have given the...
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...primary for any registered voter, democrat or republican. E.G. Texas * Closed: A primary for democrats and a primary for Republicans. (Separate one’s) * Invisible primary: candidates try to gain support and finance in the year before the primary * Proportional primary: awarded delegates in proportion to votes they get * Winner-takes-all: Win the most votes and you take all the states delegates Advantages: * Increased level of participation from ordinary votes (30% in 2008) * Increased interest from people * Increased choice of candidates (14 in 2008) * Removing power from party bosses Disadvantages: * Turnout is usually low * Voters are usually unrepresentative of normal voters (tend to be wealthier, old and better educated) * Process is far too long and expensive (Obama in 2008 announced his running 332 before the first primary * Fails to test presidential qualities Increased importance of primaries: * Really the only route to become a parties President Caucuses: * A meeting for the selection of a candidate * Usually held in states that are geographically large but thinly populated (Iowa, North Dakota, Nevada) * Turnout is usually pretty low, and usual favour ideological candidates National party conventions: Formal functions: * Choose presidential candidate. (Need majority of delegates) * This function has been lost to primaries * Now just merely confirm the candidate * Choose VP, usually...
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...Dred Scott vs. Sanford: The Dred Scott vs. Sanford case is one of the most important cases that have ever been tried in the United States of America and was heard in the Old Courthouse of St. Louis. This case that is usually known as the Dred Scott Decision was a ruling by the Supreme Court of America that African people imported into the country and detained as slaves were not protected by the U.S Constitution and could never be American citizens. Dred Scott was a slave who sued for his freedom from his master in a Missouri court in the year 1846. As part of his arguments, Dred Scott claimed that he resided in Illinois which was a free state and part of the Louisiana Territory. Therefore, he claimed that he was a free man because of his residence in a free territory in which slavery was prohibited by the 1820 Missouri Compromise (“Dred Scott v. Sanford” par, 1). However, Dred Scott’s suit for freedom in the local federal court in Missouri was unsuccessful. Eleven years later after his initial suit in the Missouri court, Scott brought a new suit in the United States’ Supreme Court. This was after the federal court ordered the jury to depend on Missouri law for the conclusion of the case regarding Scott’s freedom. Additionally, Scott decided to appeal to the United States’ Supreme Court following the decision of the Missouri Supreme Court to consider him as a slave. In his defense, Scott’s master maintained that the American Constitution did not allow people of African...
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...politicians guided by the interest of their districts over the country. “Government created because of the passion of men does not conform to dictates of reason and justice”. (Hamilton) Alexander Hamilton was a staunch believer in the power of the federal government in a time when states had large debts, the military was weak and the influence of foreign powers threatened the thirteen colonies. In this timeframe it was widely believed that an aristocratic minority could take care of the interests of the majority. In the interest of a stronger federal government the framers even had to tolerate the southern slave owning states to maintain a robust alliance of a united thirteen states (Dahl). The power of the government to some extent was reduced in a few years due to growing demand of individualism and non-interference from government. This led to the complete decline of the Federalists and the emergence of the Republicans who stood for individual rights and greater autonomy of states. Eventually a resurgence of the center happened during Roosevelt’s terms in the 1930’s and 1940’s.Due to the increased suffering due to the recession he laid out a plan of massive government intervention in the economy.” One of the duties of the State is that of caring for those of its citizens who find themselves the victims of such adverse circumstances...
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...Smyth vs. Pillsbury 1996 The Smyth v. Pillsbury 1996 case is one concerning cyber law. The plaintiff, Smyth, stated he was wrongfully terminated by The Pillsbury Company due to public policy and the right to privacy. Smyth utilized the company’s email system and sent emails to his supervisor from home. These emails contained “inappropriate and unprofessional” comments concerning the defendant. (Michael A. Smyth v. The Pillsbury Company, 1996). The courts found that the termination was not violating any privacy laws. The courts applied the case of Borse v. Piece Goods Shop, Inc. 1992 to the Smyth case. In the Borse case, the courts found that someone who intentionally intrudes on another either physically or by some other manner, which concerns their private affairs, to be held liable if this intrusion is considered highly offensive to any reasonable person. (Sarah Borse vs. Piece Goods Shop, Inc., 1992). The email communication between Smyth and his supervisor was done voluntarily by Smyth, he had done so on his own free will. The second assumption by the courts is that there is no assurance that emails sent over the company system would not be interrupted by others. The third notion is the email system is used companywide so the expectation of these staying private is lost. (Samson, 2013). The courts stated that the interested of the company preventing illegal activity, inappropriate and unprofessional comments over the email system outweighs the privacy interest of any...
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...Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on the student website. |Week One: History of the Courts...
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...override this veto with a 2/3 vote. If the Legislature is completely corrupt and without virtue then, it might override vetoes and pass legislation that are evil or in some way detrimental to society. Secondly, civic virtue is the motivation behind good government. Good government is supposed to serve and protect its people, two aspects of virtue. If the people running the Government are not virtuous then it is impossible for the Government to perform its duties and fulfill its purpose. Both the Federalists and Anti-Federalists agreed that civic virtue is necessary for a republic, such as the United States, to exist. 2. As you are reading the debates at the Constitutional Convention, make a list for yourself of the various conflicting interests that delegates had to compromise (for instance, between the interests of states with large populations and the interests of states with small populations). a. Which of the Constitution’s features seem to result directly from ideas in the Framers’ English and European heritage? The due process clauses can be traced back to the common law of the Magna Carta. The Bill of Rights was inspired by the English Bill...
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...One of the greatest products of the War of 1812 was the nationalism that surfaced in the United States. The nationalism took place and was evident in judicial decisions, politics, culture, and foreign policy. Nationalism has various forms: judicial nationalism, political nationalism, cultural nationalism, and foreign political nationalism. All of these forms of nationalism took place and was evident after the War of 1812. Political nationalism was evident after the War of 1812 in events like The American System, and the Era of Good Feelings. The American System demonstrated political nationalism because the plan, by Henry Clay, wanted to unite the different states with a railroad. By uniting all of the different states together with a railroad, the US would be tied together politically because the different states would send each other goods whether those be manufactured or resources. And by having a close relationship the US would be forced to have a closer relationship, in...
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