...Learning Team Reflection - Exide Technologies Business Law - Law 531 March 23, 2015 Instructor: Learning Team Reflection - Exide Technologies Exide Technologies in Vernon, California is an example of a company which failed to comply with government regulations requiring them to properly handle and dispose of toxic battery waste. This case also highlights the negligence in part by state officials regarding violations discovered over a period of almost two decades. These violations included battery acid draining into a manholes and lead waste stored in open containers causing the toxic waste to be exposed. There are consquences when a company such as Exide Technologies fail to comply with state and federal regulations which could ultimately hinder their sustainability and financial prosperity. Principles of regulatory compliance requirements. According to Exide Technologies website, they are committed to comply with applicable legal requirements and other requirements related to environmental aspect. Due to the numerous violations discovered in the Vernon plant, Exide agreed to shut down the plant as a plea agreement to avoid any future criminal charges and additional fines. In addition to the plant shutting down, they were order to decontaminate the site in which they worked due to high levels of lead and arsenic emissions. Exide Technologies was not only mishandling their toxic waste, but they were not complying with all applicable governmental laws and regulations...
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...HRM 531 WEEK 2 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=hrm-531-week-2 Visit Our website: http://hwsoloutions.com/ Product Description HRM 531 Week 2 Memorandum To: Traci Goldman, Bradley Stonefield From: Levuris Smith Date: 4/9/2015 Re: Employment Law Compliance Plan This memo will survey employment laws as well as how these laws are applied. I will also study the penalties of noncompliance of the different laws. There are different employment laws an institute must follow to stay in compliance. If these laws are not followed by the business, it can lead to various penalties. There will be three employment acts that I will give you some insight on in the memo. They are as follows: The Occupational Safety and Health Act, The Age Discrimination in Employment Act of 1967, and Fair Labor Standards Act (FLSA). Understanding the acts and how they how are important part to your business venture to keep you from being penalized for not being in compliances with then will hurt you and the company’s reputation. The Occupational Safety and Health Act is administered by the Occupational Safety and Health Administration (OSHA). The Occupational Safety and Health Act is ordered by the Occupational Safety and Health Administration (OSHA). The law was ratified to that businesses provides organizations with a harmless and vigorous work atmosphere. “Every employer covered by the Occupational Safety and Health Administration (OSHA) who has more than 10...
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...HRM 531 WEEK 6 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=hrm-531-week-6 Visit Our website: http://hwsoloutions.com/ Product Description HRM 531 Week 6, HRM 531 Week 6 Recruitment and Selection Strategies Recommendations Recruitment and selection strategies are critical to success of any business. It is especially important in a new business as resources would be required to carry out operations. The limousine business is also starting up in Austin, Texas; hence it would need to build the right team in right time. However the process of finding and selecting right people is dependent on the geographic location where the business is based. The company needs to meet the challenge of being based in Austin. This means that staff has to have their base location as Austin. Using strategies that fail will lead to wastage of time and resources, due to which it becomes extremely important to plan well, search creatively and select wisely. Recruitment and Selection Strategies Recommendations The first stage of recruitment and selection is management of applicants and welcoming the applicant to the business. Recruitment and selection are typically measured as one method. Though, the distinction will be made here between the first actions and concerns when preparing staff recruitment and the procedure of selecting an applicant from a group of candidates (Cascio, 2013). Recruitment needs to be sensibly planned to attract the correct employee’s to Landslide...
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...Management Behavior MGT 531/ Human Capital Management Management Behavior 531 HRM MEMO TO: Supervisory Team FROM: InterClean, Inc. Sales Manager DATE: August 30, 2010 SUBJECT: Management Behavior CC: InterClean, Inc. Senior Leadership First, I would like to commend you all for handling the changes and transition of this merger.. I want to take this opportunity to assure our team that moving forward the merger will try to progress as painlessly as possible. I would like these same sentiments voiced to your employees on behalf of the midlevel management at InterClean, Inc. I want each of my first-line managers to explain to me, as leaders, why it is vitally important for you to behave and act as professionals in every situation. The purpose of this memo is to first discuss how management behavior will affect employee behavior and productivity. Next, the types of management actions and how they align with employment laws and those actions that do not. Lastly, I will address the best practices that we should be using for working within a diverse work environment. As we move forward and welcome the merger with EnviroTech, management’s actions and behaviors can have a dramatic effect on how our employees act, behave, and perform their jobs. I believe that as managers and leaders we need to establish and demonstrate to our employees that we can succeed at any level no matter what complications and challenges we are faced with. My recommendation to...
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...Learning Team Reflection Amin Vohra, Michael D. Thomas, Ryan McCullum, Joe Nguyen, Shantel Singh LAW/531 February 8th, 2012 Mr. James Blevins Learning Team Reflection This learning team reflection will discuss the compliance issues associated with the Foreign Corrupt Practice Act of 1977 (FCPA). What is Foreign Corrupt Practice Act? For those who don’t know might ask, well, the Foreign Corrupt Practice Act of 1977 which was introduced in the U.S Senate as S.303 by Mr. William Proxmire (D.W) and signed into law by president Jimmy Carter on December 19, 1977 is a United States Federal Law known primarily for two of its main provisions. One that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another one concerning bribery of foreign officials. The anti-bribery provision of the FCPA prohibits any person from making use of interstate commerce corruptly, in furtherance of an offer or payment of anything of value to a foreign official, Foreign Political Party, or Candidate for political office, for the purpose of influencing any act of that foreign official in violation of the duty of that of that official, or to secure any improper advantage in order to obtain or retain business. ("Wikipedia") The “Foreign Corrupt Practice Act” protects “American Values” it shields us from the rampant corrupt practices around the world. It holds us to the highest standards of ethics. As the U.S corporations venture into foreign markets they...
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...Learning Team Reflection Alfred Clark, Jeremy Freeman, and Jonathan G. Hartsgrove Law/531 December 11, 2011 Kevin Spiering Learning Team Reflection In today’s society, we use laws and regulations to protect the rights of the people. As stated on the NOLO law website, “in a serious dispute with someone, you may consider filing a lawsuit to get it resolved. But that's a big step, and before you take it you'll need to know whether your case is worth suing over, how and where you would file the paperwork and what is involved in pursuing a case (2011)”. It is during this time of agitation that the benefits provided by counsel could help a victim to decide whether to take a settlement offer or purse litigation. Settlement Offers are usually settled prior to court in a form of Alternative Dispute Resolution. This is due to the fact that “the use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses (Cheeseman, 2010. pp.43)”. A lawyer can help to determine if an offer of settlement is fair by comparing it to other similar cases and help the client to decide if litigation would result in a larger settlement based on the legal issues of the case. Several studies have looked at the effect of lawyers on the ADR process. The studies have found that the lawyer does affect the outcome, but to varying degrees. According to Sternlight (2010. pp.391), the studies have generally suggested...
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...Learning Team ‘A’ Reflection: Week Four IRAC Brief LAW/531 May 12, 2014 Learning Team ‘A’ Reflection: Week Four IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had the power to make union membership optional” (Livengood, 2014). In this brief, we will identify how the legal concept of Right to Work is applied to relieve employees of compulsory union fees in a managerial setting using the IRAC method. Issue – Are mandatory service fees payable to collective bargaining agencies constitutional for state civil service non-union employees? Rule – “Agency shop” policies enforcing compulsory union fees may force employees to go against their own principles [Ellis v (Brotherhood of Railway, Airline & Steamship Clerks, 466 US 435, 455; 104 S Ct 1883; 80 L Ed 2d 428 (1984)]. Prohibiting or forcing employees to support ideological beliefs and unions violates a person’s constitutional right in the eyes of the State of Michigan. Analysis – The Michigan Court of Appeals considered the limits of the law to avoid infringing on laws superseding...
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...Team C Learning Team Reflection: Week 6 RAC Brief – Case 2 Donald Britt, Lauren Batinich, Linda Carucci, Megan Johnson, and Gene McCutchen Law/531 June 8, 2015 Robert Reimer Learning Team Reflection: Week 6 – Case 2 The second learning objectives for this week concerns domestic and international business activities. The Team Assignment this week is to write a case brief using the IRAC method concerning the legal risks associated with domestic and international business activities, as well as, explain how the legal concepts in the chosen case applied in a business managerial setting. Case: On July 10, 2014, a class action lawsuit was filed by Dennis Gray Trucking, Carmichael Leasing, and GTL Enterprises against Navistar International in the United States District Court for the Northeastern District of Illinois Eastern Division (Jaillet, 2014). The Plaintiffs allege that the Defendant knowingly sold EGE-only MaxxForce engines which were defective. In addition, Plaintiffs allege that the Defendant concealed those defects from all individuals who purchased said engines (Jaillet, 2014). Issue: Did Navistar International sell defective products and conceal the defects? Rule: Under the Consumer Product Safety Act (CPSA) there are federal statutes which regulate potentially dangerous consumer products and are created by the Consumer Product Safety Commission (Chessman 744). These statues are enforced through consumer product safety alerts to ensure all consumes...
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...Learning Team Weekly Reflection week 2 HRM/531 Human Capital Management April 1, 2013 Learning Team Weekly Reflection The key to a successful correlation regarding an organization's hiring process and maintaining workplace motivation is a creating a job analysis and providing a job description for each position. This process enables an organization to identify clearly the job requirements and explain its task. A job analysis and description provide expectations of employee performance. They also keep employees in line with the business strategy while increasing workplace motivation. Team D will explain how a job analysis is used to create a job description and explain the functions of a job description. Job Analysis A job analysis is an important tool used within an organization. It is the process used by human resource managers to collect important information about what a job entails. The information assist managers identify the qualifications of individuals for the position. The data collected includes the specific job task, the skills necessary for performance, what responsibilities go along with the position, the type of work environment, and the outcome of the job. Once the job analysis process is completed, the information collected is analyzed to assemble a job description. Job Description According to “Jobs Online" (2009), “a job description typically consists of six major components: 1) essential job functions, 2) knowledge...
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...Reflection Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers...
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...End of Life Decisions Brandon Irving Grand Canyon University HLT322 10/25/09 Abstract With anything that is done in the medical field there will be ethical issues that surround it. Since we are only on this earth for so long then death becomes one of those issues that we must face. With the new advancements in technology death can become complicated. Also since we have other issues such as euthanasia involved things will only get even more complicated. Euthanasia, definition of death, living will decisions, and ethical issues surrounding these subjects will be discussed. End of Life Decisions No one living on this earth will live forever. It comes a point in time when we all must go. Our bodies are not made that way and they start to break down. Once deterioration happens or if a person comes into physical contact that causes the body too much trauma then death occurs. In the past twenty years four concepts of death have emerged, traditional, whole-brain, higher-brain, and personhood. Each one of these versions of death has ethical issues surrounding them and complicate important end of life decisions. Ethical issues surrounding when a person is dying is euthanasia and end of life decisions such has a person being on life support or having a feeding tube. Euthanasia is define as “The act or practice of killing or permitting the death of hopelessly sick or injured individuals (as persons or domestic animals) in a relatively painless way for reasons of mercy”...
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...Interclean Memorandum Bertheia Gary HRM/531 August 23, 2010 Tiffany Mytty-Klein Interclean, Inc. Memorandum To: Supervisory Team From: Bertheia Gary RE: Management Behavior As you all are aware, the merger between Interclean and EnviroTech is final, and implementation of change will soon occur. There has been recent gossip and rumors about the merger. As managers, let’s be sure to continue to role model, respect and be fair to employees, and use our best practices in the work environment. Here are some quick tips and reminders to assist you while managing employees in our diverse and changing environment. In almost every organization, change is inevitable. If the manager or supervisor understands how change works, and how it affects others, work from employees will remain encouraging and productive. The most valuable asset a manager can have when involved in a change is an ability to lead. It is not uncommon for most people to fear change. With a combination of fear, instability, and uncertainty, a work environment can become chaotic. Managers must focus on subordinate’s feelings about the change and recognize and confirm those feelings of the employees. Multiple reactions may occur in any change situation. Individuals react as their needs dictate. Different people have different needs and from this a feeling of loneliness, panic and fear may arise in the workplace. Managers must be aware of discussing certain issues of the business among subordinates and not participate...
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...Learning Team Reflection Andre Parker, Kellie Baker, Michael Wheeler and Jeffery Stewart LAW/531 June 16, 2013 Erikka Hise The Foreign Corrupt Practices Act This assignment instructed us to read four articles concerning Legal Issues in International and Domestic Business Foreign Corrupt Practices Act. Within this assignment it discussed the crisis in corporation’s unethical practices. The Foreign Corrupt Practices Act of 1977 sparked the argument that United States companies are disadvantaged in international markets. The act has been controversial since its enactment, with some critics attacking it as ineffective and the American business community complaining that it places U.S. enterprises at a competitive disadvantage abroad. Since the late 1990s, however, it has become a model for international efforts to stamp out corruption and improve the business climate in the developing world. Civil lawsuits are another risk from poor FCPA compliance. Typically those claims are securities class-action lawsuits or shareholder derivative lawsuits, where plaintiffs argue that the FCPA problem (Klein & Aguilar, 2010). Nevertheless, in recent years FPCP had serious fraud litigations because some companies in other countries do not go by the FPCP. The Foreign Corrupt Practices Act Program Compliance professionals should conduct a regular internal control check on his or her Foreign Corrupt Practices Act program. The current program in place...
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...Week Two Learning Team Reflection HRM / 531 Team C has chosen to go with the small business, we have come up with principles and strategies that would apply to Mr. Stonefield Limousine Company. Whether it is a small or large business entity our team agrees that every employer should be familiar with the employment laws and regulations which also vary from state to state. It is our team recommendation that the business should make it a priority to stay in compliance. Since Mr Stonefield business will be operating in Austin, Texas he needs to make certain that he is with compliance with Texas state employment laws and Federal laws regulations. We will be addressing a list of laws that we feel that are very important for Mr. Stonefield Limousine service. Title VII The main federal statute prohibiting job discrimination is Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination by an employer against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, based upon that individual’s race, color, religion, sex, or national origin. Under Title VII then, employers cannot use any of these factors in determining whether to hire or not to hire a certain applicant. ("Employers Guide To General Employment Law", 2008). The Americans with Disabilities Act (“ADA”) makes it unlawful for an employer to: 1. Limit, segregate, or classify an applicant or employee in a way that adversely affects the opportunities...
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...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies 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. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...
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