...Chapter 18: Agency Law Agency law is a large body of common law that governs agency; it is a mixture of contract and tort law. An agency is a principal-agent relationship in which a principal hires an agent to act on the principal’s behalf. There are four ways to form an agency, they include; express agency (the most common), implied agency, agency by ratification, and apparent agency. The only one not bound by contract is agency by ratification; the principle must ratify the contract. Both the principle and the agent have duties they must perform, both accountable for their own conduct. Chapter 19: Equal Opportunity in Employment Equal Opportunity in Employment requires treatment without discrimination for employees or job applicants and allows the ability to sue employers if not. The Civil Rights Act of 1964 outlawed discrimination in education, housing, transportation, and work. Title VII of the Civil Rights Act, fair Employment Practices Act, applies to all employers with 15 or more employees, works to eliminate job discrimination based on race, color, national origin, sex, and religion. Title VII applies to disparate-treatment discrimination, which is against an individual and disparate-impact discrimination, which is against an entire class. The Equal Employment Opportunity Commission is responsible for enforcing most federal antidiscrimination laws. The three defenses to Title VII action include: merit, seniority, and bona fide occupational qualification. Chapter...
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...| Atwood and Allen Consulting | Memo To: | Traci Goldeman | From: | [Your Name] | cc: | Marylee Luther | Date: | February 14, 2014 | Re: | Employment Law Compliance Plan | | | Traci Goldman, we have reviewed the information you have provided to us about your business and have researched some applicable employment laws and their consequences. Included in this memo, will be several employment laws that apply to your business and how to stay compliant. Listed below are a few that are relevant to your business. Right to Work Law states that no person shall be denied opportunity to work due to being a nonmemember of a union. A company is being noncompliant if threatening or actual interference with person, his family, or property to force him to join union, strike against his will, or leave job; conspiracy to induce persons to refuse to work with nonmembers; agreements which exclude person from employment because of nonmembership in union. Penalties are that any act/agreement in violation of article is illegal and void; damages; injunctive relief. (Arizona Right to work Laws, n.d.) Fair Labor Standards Act (FLSA) states that it is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA. Penalties Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment. Violators of the child labor provisions...
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...distinctive approach to employment management which seeks to achieve competitive advantage through the strategic development of a highly committed and capable workforce using an integrated array of cultural, structural and personnel techniques (Storey, 2001). Beer et al, (1984) defined HRM as a strategic approach to the management of human resources that involves all management decisions and actions that affect the relationship between the organisation and employees. John Storey (1987) believes that HRM can be regarded as a ‘set of interrelated policies with an ideological and philosophical underpinning’. He suggests four aspects that constitute the meaningful version of HRM: 1. a particular constellation of beliefs and assumptions; 2. a strategic thrust informing decisions about people management; 3. the central involvement of line managers; 4. Reliance upon a set of ‘levers’ to shape the employment relationship. In today's litigious workplace environment, being on top of legal issues that directly affect individual employees and organization is critical to the success of the HR profession. In this study, we will critically analyze and evaluate legal issues as it affects the functions of HRM in Nigeria and USA. LEGAL ISSUES AND HUMAN RESOURCES MANAGEMENT IN THE USA In the USA, some laws regulate various aspects of employee-employer relations. These laws, which are relatively stable, facilitate the work of HR managers. Examples are: 1. The Equal Employment Opportunity Act of...
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...LAW 531 WEEK 6 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-6 Visit Our website: http://hwsoloutions.com/ Product Description LAW 531 Week 6 WEEK SIX PRESENTATION OVERVIEW: Government regulations of Business Federal Administrative Agencies Substantive Rules and Interpretive rule Statement of policy Reasonable Searches Protection from Harassment United Nation’s Biosafety Protocol for genetically altered food Consumer product safety commission (CPSC) GOVERNMENT REGULATIONS OF BUSINESS: Laws that all businesses/industries must follow unless it meets the criteria for exemption National Labor Relations Board (NLRB) regulates the formation and operation of labor unions in most industries and businesses in the U.S. Example: AFL-CIO for global trade and economic issues. Occupational Health and Safety Administration (OSHA) regulate workplace safety.. Example: Worker Safety The U.S Equal Employment Opportunities Commission (EEOC) enforces equal opportunity in employment laws that cover most workers in the United States. Example: Anti-discrimination laws and Title VII Laws that regulates only specific industries; an administrative agency (Cheeseman, 2013, p.728), The Federal Communications Commission (FCC) issues licenses and regulates the operation of television and radio stations. The Federal Aviation Administration (FAA) regulates the operation of commercial airlines. The federal Office of the Comptroller of the Currency...
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...Discrimination One of the challenges and issues in our work place is discrimination and it is impossible to prevent or correct discrimination without information about it. Therefore, the Equal Employment Opportunity Commission “EEOC “created a Manual that clearly addresses the importance of policy and procedures in case of discrimination. Based on the Commission's guide, employers are required to prevent and correct discrimination through legislation and efficient enforcement mechanisms in the work place. Discrimination has many faces but, one of the forms of discrimination which we need to have a firm understanding is refusal of standard rights to persons because of race, nationality, age and sex. Race It is against the Title VII of the Civil Rights Act of 1964 that an employer reject to accept an application or refuse hire, promotion, compensation, job training or any other employment privileges because of an employee’s race or color. The U.S. Equal Employment Opportunity Commission (EEOC) reports that it received 100,000 job bias charges during fiscal year 2012. Also, the EEOC has observed The number of people who filed race discrimination claims (33,512) increased in 2012 (Dipboye & Collela,2005).The EEOC indicated that in 2012, discrimination for certain racial minorities showed a deep impact in the current down turn of world of work. For example, in the United States, the unemployment rate remains almost twice as high for African-Americans relative...
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...are four major types of legislation that affect recruitment and selection in a non-unionized workplace within Saskatchewan. Those types of legislation being: • Constitutional law • Human Rights law • Employment Equity legislation and • Labour law/employment standards and related legislation. Constitutional law as a whole is the supreme law of Canada and has precedence over all other legal means; it consists of a series of Acts and orders passed since 1867 by the British and Canadian Parliaments. Sections 1 – 34 of Part 1 of the Constitution Act of 1982 are called the Canadian Charter of Rights and Freedoms. Constitutional law does not directly affect recruitment and selection activities unless the recruitment and selection practices are challenged in a Human Rights Tribunal or court. Constitutional law sets limits and conditions on what federal, provincial/territorial, and municipal governments and courts can legally do to alter employment policies and practices. Therefore, the interpretation of constitutional law has a substantial influence on every aspect of Human Resource Management not just Recruitment & Selection practices and programs. Human Rights laws across Canada prohibit discrimination in both employment and the provisions of goods and services. Grounds on which discrimination is prohibited in Saskatchewan are: • Race or colour • Religion • Physical or mental disability • Age • Sec (includes pregnancy and childbirth) • Marital status • Dependence...
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...taken the place of common sense and compassion within organizations over the past years. Litigation has become a main priority and the Department of Labor, Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and also the Department of Homeland Security all have been regulating this. Although some may disagree that litigation has created a more structured work environment, there are a lot that would say it has. Litigation has balanced out the differences in the workplace. U.S. Equal Employment Opportunity Commission There once was a time when common sense and compassion were used to decide what to do with issues, but now that there are laws put in place to ensure that legal, safety, and regulatory requirements are obeyed there are less issues. The U.S. Equal Employment Opportunity Commission (EEOC) is one of those regulations. The U.S. Equal Employment Opportunity Commission enforces federal laws which make it illegal for any organization to discriminate against someone applying for the position or someone who is already an employee for reasons like their race, gender, color of skin, age, disability, or religion. (U.S. Equal Employment Opportunity Commission, 2011) This also ensures that a person who is claiming that they were discriminated against is not discriminated for that. These laws are applied to any type of work situations, like harassments,...
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...Business Entities, Laws, and Regulations BUS/415 Business Entities, Laws, and Regulations The first business I chose was the extermination business. Frank is a wealthy investor that wants to open a chain of exterminating businesses across the United States. Because no one else has set up the business except for Frank, he is the sole proprietor of the business, or in this case, chain of businesses. He would have the ability to make all management decisions himself. He would also receive all of the business’ profits as sole proprietor of the business chain. This would be the best option for Frank to open his chain of businesses. The second business was that of the birth clinic that Akiva and Tara want to open together, jointly taking on a large loan to handle the startup costs for the business. Since they are the only partners in the business venture, and they are taking equal personal responsibility in the loan that is being taken out for the startup costs of the business, their business is more closely associated with a general partnership. Both partners are personally liable for the debts and obligations of the business and are equal partners in the profit share that comes from the business. The laws and regulations that both businesses would have to consider when opening the business chain are the workers’ compensation laws, the Occupational and Safety and Health Act, which regulates the occupational safety at the locations that he plans to open...
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...Week Two Wrap Up – The Fabric of Healthcare Law By Mary Nell Cummings In week two we discussed how legislation and other laws affect healthcare delivery. While there is no need to understand any law in detail at this point in the course, it is important to understand the source of law. Also, it is important to understand how law affects your organization, as well as how your organization complies with legal requirements. Finally, your understanding of the sources of law, and the process of regulation will help you to make good decisions as a health care administrator. The Sources of Law Many people believe that all law comes from the Congress or from state legislatures. They believe that law is synonymous with “statute” which is a particular kind of law – drafted, debated, and voted on by a group of legislators. This is of course, not correct. There are many other sources of law. There is the federal constitution, and the constitution of each state. There is law made through regulatory agencies (administrative law) and there is law made by judicial decision (common law). This combination of approaches and interests leads to the rich fabric that is simply described as healthcare law. Common Law Contract Law: Contract law is at the heart of healthcare delivery. Insurance companies enter into contracts with patients, providers, facilities, and governments (state and federal). Doctors and hospitals enter into contracts with one another. Unions and employers enter into contracts with...
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...University of Phoenix Material Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. Employment Law | Description and Requirement of Law | Court Case Influential to Establishment of Law | Importance of Law | Workplace Application | Civil Rights Act of 1964 | The landmark legislation in the US that holds against discrimination against racial, ethnic, national, and religious minorities. | Heart of Atlanta Motel v. United States (1964) is a US case law the US Congress has power to use the Constitution’s Commerce Clause to force businesses to follow the Civil Rights Act of 1964. | This law ends the unequal application of racial segregation in the workplaces or public facilities. | Because the US Supreme Court ruled Congress did not have the power to prohibit discrimination in private facilities or workplaces, it holds businesses must allow customer business from all races. | Equal Employment Opportunity Act | It ensures the fair treatment without regard to race, religion, color, national origin, or gender. | In Trans World Airlines v. Thurston (1985), the court holds that airlines must give the same opportunity to retiring pilots as it had given to younger disabled pilots. | This law is to ensure discrimination in employment is illegal. | All employees and applicants for employment are covered under this legislation. This law is to eliminate discrimination practices in workplace. | Equal Pay...
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...four Legal Areas of Canadian Law which affect recruitment & selection. * Identify the protected groups with regards to discrimination. * ------------------------------------------------- Provide at least one example of acceptable discrimination. ------------------------------------------------- During the recruiting and selection process, it’s important to be aware of certain legal issues in order to avoid risk. It is the responsibility of the human resource manager to make sure that all the policies and rules take legal aspects into account. The legal aspects of human resource management play a significant role in strategic planning and decision making. There are 4 major types of legislation that affects employment practices recruitment and selection: * Constitutional Law (Nationwide) * Human Rights Legislation (in ON, there are Ontario human rights commission) * Employment Equity * Labour Laws (including unions as an extension) 1) Constitutional Law (Nationwide): Constitutional Law is the supreme law of Canada. It consists of series of acts and orders passed in 1867 by the British and Canadian Parliaments. It has precedence impact on employment practices and all other legal means. The Canadian Charter of Rights and Freedom was passed in 1982. It is the part of the Constitution of Canada; because of this, the Charter is a very powerful document. However in a practical matter, the constitutional law does not affect directly on recruitment...
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...statutes that promote the welfare of U.S. wage earners, improve their working conditions, and advance their opportunities for profitable employment. Before gaining separate cabinet status in 1913, labor had been represented by various federal agencies according to the department of Labor. The U.S. Department of Labor administers federal labor laws covering workers' rights to safe and healthful working conditions, a minimum hourly wage and overtime pay, freedom from employment discrimination, unemployment insurance, and other income support. Altogether the department enforces more than 180 federal laws (Wiley, 2007). The department governs over several acts that were created to protect the employees from discrimination and misconduct. In addition, such acts include Davis-Beacon Act, Walsh-Healey Public Contract Act, Fair Labor Standards Act (FLSA), Service Contract Act (SCA), Americans with Disabilities Act (ADA), etc. The U.S. Department of Labor have to make sure employers are following the proper laws and regulations so that the labor laws are not being mistreated and also to make sure individuals are being paid for the labor they are performing. Moreover, to help employees make sure they are not being mistreated or even breaking the law, the Department of Labor have created a website that employees could go to educate themselves on the laws and regulation. This website was created to use as a resource for individuals Features The objective of the Department of Labor is to...
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...training and development, compensation and benefits, labor relations and global HR. This report will provide a summary of each function, the role of the Human Resources Manager plays, and the laws that affect each function. Recruiting and Selection One of the most important functions of the Human Resources department is the recruitment and selection process. The process, good or bad, has a direct affect on the business. The Human Resources Manager is responsible for planning, executing, and evaluating the recruitment and selection process. Through this process, he will perform interviews and pre-employment screenings, select employees, oversee the hiring and on-boarding process, monitor retention as well as execute terminations (Brunot, n.d.). There are multiple ways to source candidates. Many employers choose to promote from within first, only opening positions up to the public after all internal resources have been exhausted. It is common in today’s market to use recruiting sites such as Monster, CareerBuilder, and Indeed. The sites allow the potential employer to list available positions. Potential employees can post a resume for employers to view. Although traditional sources, including the newspaper advertisements and job fairs are still used, many employers are monitoring employment changes by their competitors, hoping to recruit employees who already have industry knowledge (Mayhew, n.d.). In an effort to gain insight and align potential employees with the job at hand...
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...strategies that allow employees to work in a safe, non-discriminatory environment with fair wages. With the development of regulatory agencies, such as the Equal Employment Opportunities Commission and the Department of Labor common sense and compassion has been reinforced with laws and regulations allowing litigation in cases of discrimination, unsafe working conditions, and unequal pay. The enforcement of these regulations by HR seems to have developed a more structured, safe environment. Human resources management (HRM) has the obligation to comply with employment, health and safety legislation. This includes federal, state and local laws that pertain to the many areas of HRM such as benefits, recruitment, and termination. HRM must stay up-to-date with legislation so that the organization is compliant and avoids costly penalties. Federal Regulations Federal laws cover the whole scope of employment, from hiring to termination. These regulations prescribe standards for wages and hours, safety and health, health benefits, retirement, workers’ compensation, working conditions, and discrimination. United States Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is the governing body that regulates and enforces workplace discrimination. In the United States, it is against the law to discriminate against anyone because of race, color, religion, age, gender, or disability. Discriminatory practices can have a detrimental affect on employee...
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...Functions of Law Paper LAW/421 Abstract The principle objective of this paper is to define the functions and role of law in business and society. Society thrives when introduced to structure and organization; the function of law is executing a level of control with supreme authority. Laws are in place to protect the rights of citizens, residents, employees, and employers alike; compliance with laws and regulations ensure continuous business performance and reduce the likelihood of workplace incidents and lawsuits. The aim of the government is to establish and enforce laws that protect the people within the country from crimes that cause harm or attack civil liberties, enforce rules that maintain safe and productive social order, and to ultimately protect and serve the people and businesses within the nation so they are allowed the opportunity to thrive. Role and Functions of Law Paper Law is defined as, “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.” (Melvin, 2011) Laws are the essential group of rules and regulations to which every society is bound. Individuals and businesses alike must abide by these laws or suffer the consequences of conducting any type of business or behavior outside of them. Many individuals believe laws to be restrictive and unjust; those who think this way must take a deeper look into a society attempting to function without the structure of laws. “To see man without law – or what "society"...
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