...thereby determining which statutory system applies to which circumstances. Additionally, the relationship of statutes, regulations, and court case law will be analyzed to understand the manner in which they work together to define our laws. There will also be a review of the regulatory and civil litigation processes to ascertain how an employment grievance, such as discrimination, is handled within our legal system. Week in Relation to the Course Employment laws are promulgated by legislative and regulatory action and court rulings with the intent to provide equitable workplace opportunities for employees, as well as a productive, safe and healthy work environment. This course covers the laws that are in place in our society that attempt to accomplish this purpose, and the implications of these laws for both employers and employees. Obviously, for laws or regulations to accomplish this objective, they must be enforceable. While this is elementary, and generally understood by members of our society, the manner of enforcement is not as readily understood. And, the manner in which the laws and regulations are created, and by whom, is often misunderstood, as well. Therefore, as the course covers the pertinent employment laws and regulations, it is essential to understand the manner in which they are created and enforced. Knowledge of the law is only partly beneficial without the attendant ability to utilize it effectively. This week's materials are focused on providing an understanding...
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...Course Description and Learning Objectives Every business decision has legal overtones and most business will be involved in some sort of legal action at some point in their progression. The goal of this course is to discuss issues faced by emerging businesses against the background of what the law can and cannot do. As each semester some new scandal or issue makes the press, we will use current events as a springboard for the topics covered in this course, and I invite you to bring your personal experiences into the classroom discussion. Course Requirements and Classroom Approach The class will be run as an interactive lecture. It is absolutely essential that all required readings are completed prior to class. We will have some flexibility (within reason) to tailor this class to real life experiences each of you may encounter or to certain areas that are of particular interest to this class. There is a lot of reading – I strongly recommend you take notes. Attendance is absolutely essential (and is 25% of your grade). We have a lot to cover and a short time to cover it. While the textbook is the primary source, there are supplemental readings and topics that will come up in class, including current events, which may well find their way into an exam. If you cannot attend, it is your obligation to ensure that you borrow someone’s notes so that you do not miss anything. Blackboard, e-mail and Lexis/Nexis Supplemental readings will usually be posted...
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...The numbers of self employed workers has grown significantly in the last twenty years and, in 2008, amounted to approximately four million people, compared to over twenty seven million employees. Over two thirds of the self employed have no employees themselves, and are dependent upon using their own skills and labour. (Julie Bevan, Barriers to Business Start Up: A study of the flow into and out of self employment. Department of Employment Research Paper no 71) Determining whether a worker is an employee or not is the first action of any court during a tribunal. This is very important as employers have a large amount of liabilities to their employees, but not to their other workers, for example self employed or sub contractors. Certain laws are dependent on the nature of the employment for example The Working Time Regulations 1998 (2002 IRLR 96) refers in reg. 4(1), to a workers working time, whilst the Maternity and Parental Leave etc regulations 1999 only refers to employees. There are various benefits to workers being employees. An Employee pays far higher national insurance contributions than self employed workers; however this gives employees the rights to state benefits relating to sickness, unemployment and pension rights. Whereas self employed workers are not entitled to any of these benefits. Self-employed workers also have no rights to holiday pay or allowances, therefore anytime they do spend not working directly impacts their finances, unlike an employee who has...
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...The coursework of Law for Management The issue in the scenario is whether Anna had built a contract with Bella, Carol and Dora based on the Anna’s advisement in the window of newsagent and Bella, Carol and Dora’s different ways of offering to buy the club. It is referred to formation and obligations of contracts. To establish a binding obligation in contract, key component parts of a contract which are offer, acceptance, consideration, intention to build legal relationship and capacity must be proved valid. For those five elements, the principles and rules will be analysed firstly, and application related to issues will be dealt with in terms of Anna, Bella, Carol and Dora respectively in turn. Ultimately, their contractual relationship with Anna will be concluded. Anna In the current situation, we are investigating whether Anna’s card in the window is an invitation to treat or an offer. An invitation to treat is only an expression to attract a party to enter into negotiations while an offer is a statement promised by one party to enter into a contract on a particular set of terms. According to a general rule, an advertisement of goods for sale is not regarded as an offer, Partridge V. Crittenden. Its intention does not intend to be bound by any acceptance without further negotiation; otherwise, Anna would be bound to provide everyone who received the club. Although it has an ‘offer’ in the content, the statement is still seemed as an invitation to treat, Spencer V. Harding...
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...Institutional Affiliation: Date: In the current century, it is evident that numerous changes have been observed in the law firm business. The traditional law firm practice model has as a result been passed by time and firms or any person attempting this model have always found themselves struggling in this dynamic market. The traditional law practice has also been marked by constant consternation as the law firm does not produce good results. The incorporation of the new law firm practice model is evidenced by the rising number of law firms over the years. This means that to start a firm in the 21st century, then you definitely have to use the business models applicable in the current century and not the ones that were used in the 19th century. With these, it follows that successful lawyers are those who have changed their modus operandi and embraced the latest legal practices, something that my friends and I would use to establish a successful law firm. The turning point in the establishment of the modern law practices came about as a result of the high court decision by the U.S Supreme Court (Bates & O'steen V. State Bar of Arizona, 1977) in (Munneke, 2012, p. 4). It is worthwhile noting that the success in the Law firm requires a proper identification of a legal niche to practice in. According to Munneke (2012), the competition that the law practice faces from other professionals necessitates the careful niche selection to make a firm successful (Munneke, 2012, pp...
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...Introduction Both for-profit and not-for profit organizations have to abide by their state laws, and federal laws as well. Although for-profit organizations may have higher incentives to maintain good relationships with their clients and accommodate their needs, these two types of organizations must abide by enacted laws regardless of the specified end goals and objectives. Typically, the main objective of most for-profit organizations is to maximize the wealth of their shareholders. Therefore, in order to maximize revenues and minimize costs, some firms perform unethical actions to reach a certain net profit that their shareholders are expecting. Although in the case study of Plainfield Heath Center, it is not stated that it is a for-profit organization, they created a new policy against federal laws in order to satisfy their patients’ requests. Based on a federal civil rights law that gives patients some privacy rights in nursing homes, Plainfield Health Center created a new policy that discriminates against some of their workers. The respective federal law about privacy rights states that patients have the right to request nursing homes to provide them with caretakers of the same sex. Basing off this law, Plainfield Health Center decided that patients could also request caretakers of the same race. By creating their own policy, they violated employee rights regulated by the United States Equal Employment Opportunity Commission. According to the U.S. Equal Employment...
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... For example, employees are a source of future leaders. If employees are viewed as human capital, then the HR function must provide them with adequate opportunities for learning, including ongoing training and managers who guide their development. These ensures that workers are placed on a path to making a bigger contribution to the organization. Performance Management HR information systems offer data that management and HR experts can use to make decisions about employees. For example, management can review the latest results of an employee survey and decide what changes to implement in the workplace in response to employee concerns. Without such a decision-science approach to the working conditions for employees, management will miss an important chance to improve how talent is managed. Happy workers help an organization achieve its goals. Political Factors These factors represent the way and the extent to which a government influences the economy and a certain business. Political factors are represented by specific areas, such as labour law, tax policy, tariffs, trade restrictions and even environmental law. When political decisions result in legislation which is not favourable to a...
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...Risk Management- Drunken Patient Lawsuit LAW/531 February 17, 2014 Risk Management- Drunken Patient Lawsuit The IRAC method is an instructional tool that can aid students in the comprehension and evaluation of information so that they can make informed value decisions. It is an acronym for Issue, Rule, Analysis, and Conclusion. Although this is a legal model used to evaluate hypothetical situations in law cases, it is by no means limited to the study of the law. Useful for case studies presented in varied mediums such as narratives, videos/films, or recordings, the IRAC method may be applied to other activities such as defining a term or demonstrating a concept, principle, relationship, analogy, or contrasting idea. Often the instructional focus is on the end result of case study discussion rather than on how to "walk through" a method or approach to be used by the students in the case analysis (Bittner, M.1990). Issue: A recent court ruling should motivate hospital risk managers to conduct a careful periodic review of their facility's procedures and legal obligations when it comes to treating intoxicated patients. The patient, Kevin Kowalski, later wandered onto a nearby highway and was struck by a car, leaving him paralyzed below the neck. Throughout the case, Mr. Kowalski contended that even though he decided on his own to leave the hospital, the hospital should have prevented him from doing so based on his level of inebriation. Analyze: In order to analyze...
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...Legal and Ethical Implications for Classroom Management Grand Canyon University- EDU 450 October 12, 2013 As teacher we have legal and ethical right when it comes to classroom management. Students and teachers have a right to learn and teach in a stress free classroom that is not going to cause harm to themselves and others. Within this paper I will discuss four articles that address the legal and ethical implications for classroom management related to the rights and responsibilities of students, teacher, and parents. The first article I read and will discuss is the Rights and Responsibilities of the Teacher and Student by Sarah Ganly. The article talked about the responsibility of the educator in the classroom and the legal rights of the students. The author addresses the liability teachers have and how they are held accountable to a certain degree. For instance, the law states that a teacher is held liable/accountable for a student’s welfare if foreseeable of harm exists (Ganly, 2007). When parents send their children to school as teacher we know students safety is top priority and better known as a legal right for the child. In the same sense parents have the right to enroll their child into a school or program that has their child best interest in mind and make it a priority. Needless to say not everyone is going to always agree on what is unforeseeable and foreseeable incident the same. When incidents occur in the classroom it should looked over individual...
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...UNIT 23: LAW FOR LICENSED PREMISES Get assignment help for this unit at assignmenthelpuk@yahoo.com LO1 Understand the effects of licensing legislation Types of licensed premises: managed houses; tenancies; leasehold; freehold; public houses; restaurants; hotels; clubs (members, proprietary, night); outside catering; events Types of licence: personal licence; premises licence; gaming permit; music copyright Procedures: local authorities; application (new, renewal); fees Conduct of licensed premises: prevention of crime and disorder; prevention of public nuisance; public safety; protection of children from harm LO2 Understand consumer protection Misleading information: advertisements; prices; food labelling; alcoholic strengths; display of prices (food, drink, accommodation); trade descriptions Employer liability: sale of goods; supply of goods and services; consumer protection; product liability directive; negligence; effect of European Union directives Weights and measures: beer and cider; spirits; wines; HM Customs & Excise LO3 Understand the implications of health, safety and hygiene legislation Regulations: health and safety; noise at work; electricity at work; display screen equipment; manual handling operations; reporting of injuries/diseases and dangerous occurrences; first aid; Control of Substances Hazardous to Health (COSHH) Duties and responsibilities: common law; employers’ liability; employees’ liability; risk assessment; fire regulations Food safety...
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...employee rights and employer 6 Differentiate between the objective objective 1 Explain the concepts of Discuss the meaning of 7 Identify the different types of objective After studying this chapter, you should be able to 8 Discuss the role of ethics in discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney, has stated that employee rights and workplace privacy will “continue to be the hottest employment law topics into the twenty-first century.”1 For example, while drug testing, e-mail privileges, and employee monitoring are routinely debated, employers are now using location awareness technology, global positioning systems (GPSs), and companyprovided cell phones to track and locate...
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...employees “for a good reason, a bad reason, or no reason at all.” This statute was developed in the 1800s and promotes the idea that employers have the right to dispose of what they own including their labor. An amendment to this law came in 1935 at a time when many Americans were fighting for labor unions and the right to organize. The U.S. Supreme Court ruled that employers cannot use employment-at-will to terminate an employee as an attempt to prevent the employee from organizing. In the 1960s, the Civil right act prevented employers from using the law to fire someone based on race, national origin, color, religion, sex, age, or disability. Later, statues were enacted that prevented firing for reporting safety violations. In 2002 after several financial scandals made headlines, Congress passed laws that included provisions to protect workers that report financial fraud. Many companies issue cell phones to their employees to conduct business. This is considered company property because the cell phones is purchased by the company. Also, if the company issues a smart phone like a BlackBerry, a data plan is purchased and the company owns the data stored on the device. The courts have found that unless assurance has been made by management that information such as emails would not be intercepted, there is no reasonable expectation for privacy between...
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...company and law. It is in the best interest of all employees and operators of the company to comply with these guidelines. Every person within follows the “open door” policy when it comes to reporting any individual who does not fully comply with these codes. There will be no consequences taken against the reporter who brings these issues to higher management. The code of conduct contains the following sections. “Integrity” “Anti-Discrimination” “Harassment and Sexual Harassment Policy” and “It’s the law” as well as “Chipotle Confidential”. Any issue that is not in compliance with these codes have to be brought to a member of the board.As a CEO and face of Chipotle I am most defiantly concerned with the code of conduct of the company and law. It is in the best interest of all employees and operators of the company to comply with these guidelines. Every person within follows the “open door” policy when it comes to reporting any individual who does not fully comply with these codes. There will be no consequences taken against the reporter who brings these issues to higher management. The code of conduct contains the following sections. “Integrity” “Anti-Discrimination” “Harassment and Sexual Harassment Policy” and “It’s the law” as well as “Chipotle Confidential”. Any issue that is not in compliance with these codes have to be brought to a member of the board.As a CEO and face of Chipotle I am most defiantly concerned with the code of conduct of the company and law. It is in the...
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...Employment Law and Discrimination Paper Robert Truitt LAW/531 April 11, 2016 Richard Pacheco Employee Law and Discrimination Paper Discrimination happens in the workplace daily. All employees must report discrimination issues ASAP. This essay will analysis a scenario with an application of the elements of this cause of action and then move to the available defenses to the employee and employer while analyzing the potential civil liability of each possible party-defendant. Analyze each of the elements of this cause of action, the applicable defenses, and the basis for the Judge's ruling. As a result, the sufficiency of articulating a cause of action become crucial, especially when claims involving torts of cheating, deception, and trickery (Marino, 2005). Sex discrimination in the workplace presents one of the most significant problems for women in the twentieth century (McDonald, 1993). In this case, a male felt like he was getting sexual harass. The cause of action in the scenario was; the Plaintiff felt like he did not get a promotion due to the Defendant sending sexual videos to his email. The Plaintiff assumed that his boss saw the sexual email when his boss walked passed his cubicle. The Plaintiff did not have any evidence that his boss saw the video nor that the video was the cause of the Plaintiff not getting the promotion. In the workplace were the Plaintiff and the Defendant work sexual harassment and sexual jokes was the norm with their...
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...Week 6 Legal Concepts: Shenyang v US Brandon Hall, Sheila Jones, Chuck Philbrick University of Phoenix Business Law LAW/531 July 20, 2015 Week 6 Legal Concepts: Shenyang v US Managers who have business internationally have to worry about different areas of business because it is much different than domestic business relations. These areas are the different types of culture, level of competition, market intelligence, politics/government /legal systems, international law (Trade Smart, n.d.), just to name a few. In the case of Shenyang Yuanda Aluminum Engineering Co. v. United States the company had to worry about international laws that are governed by the United States International Trade Commission. These laws dictated that International Trade Commission would do their part by investigating any allegations against another entity and if it is not able to resolve the dispute than the businesses could be disputed the appropriate courts such as the International Trade Courts. Part of doing business internationally is assuming that risk is at the forefront. Managers have to manage and understand the risk that is involved with doing business internationally. Because this is a known factor management should develop policies, procedures, and processes that enable the company identify risk and monitor the risks associated with the business interactions. Management is also responsible for establishing appropriate due diligence at the time of the deal and the life of the relationship...
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