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Workers Compensation Law
The paper contains an in-depth explanation of Workers' Compensation Law in light of various court cases. The terminology implies a payment given to employees by their employers for a portion of the cost of damages, injuries or occupational diseases. The magnitude of this responsibility upon the employer varies in different countries and states of United States. Most of the worker's compensation systems today, comprise of a proper legislation requiring the employer to provide an adequately safe workplace with suitable and durable equipment, along with a set of proper safety rules and instructions where necessary, under the supervision of admissibly competent foremen and superintendents. In the process, an employer is legally responsible for the employee's act of negligence, as well as for his own negligence and for the extraordinary risks of work. Mostly the employer is not responsible for accidents occurring outside the workplace or for those the…… [Read More]
For instance, any retraining measures should focus primarily on the Medical Provider Network and the Independent Medical Evaluator as these issues will be where a majority of client questions will come in. When a potential client calls with a question regarding getting medical treatment for a work injury, a staff member must be capable of both providing accurate information and in convincing the caller that professional legal services are needed. To do this, all staff involved in the workers' compensation process must be trained on the new rules and policies and procedures of Senate ill 899.
Penalties for Noncompliance
In order to limit corruption and profiting from the system, Senate ill 899 has included strict compliance regulations and stiff penalties for noncompliance. Thus, staff training becomes even more important. Training a legal assistant or associate attorney in compliance and giving them the job of compliance assurance will be beneficial as…… [Read More]
.. society should bear the burden of any misfortunes." (Review guide for the CRC examination: Workers Compensation). Thus, according to this review guide, worker's compensation emerged to treat industrial accidents as predictable costs shared by all consumers regardless of fault. It replaced a failed legal system where employers had once successfully defended themselves against workers' law suits using various common law defenses that made them virtually immune from legal responsibility. The first successful state law was passed by Wisconsin in 1911, giving employers the choice of participating in workers' compensation or not, but if they chose not to participate they were denied the use of common law defenses in law suites (Review guide for the CRC examination: Workers Compensation).
Review guide for the CRC examination: Workers Compensation. http://luna.cas.usf.edu/~rasch/wcomp.html
Schwartz, M.W. Defining the purpose of worker's compensation. http://www.helium.com/items/16281-defining-the-purpose-of-workers-compensation… [Read More]
Other acts include the Federal Employment liability Act, the Marchant Marine Act and the Longshore and Harbor Workers' Compensation Act.
There are also workers compensation acts that are geared towards problems associated with illnesses or health concerns that have arisen from working in certain industries. One example of this is the Black Lung Benefits Act. This particular act provides compensation for miners who acquire www.nlm.nih.govPneumoconiosis a lung disease that develops over time as a result of ingesting coal, graphite, or man-made carbon dusts (Coal worker's pneumoconiosis). This particular act ensures that mine operators compensate workers in the form disability payments and creates a fund managed by the Secretary of Labor (Workers Compensation). The fund is responsible for supplying disability payments to miners in cases where the mine operator is not known or does not have the ability to pay (Workers Compensation).
As you can see worker's compensations takes on many…… [Read More]
The IRS may also impose a 10% excise tax or a maximum of $10,000 on an officer who knowingly entered into a transaction (Samuels and Shoretz).
When this happens, the official endeavors to enter a rebuttable presumption that the compensation and benefits are reasonable (Samuels and Shoretz 2002). The board of directors or trustees must approve the three criteria for the rebuttal. In the first, the board must be composed entirely of members unrelated to and not beholden to the officer in question. In the second, the board must possess reliable data, comparing its compensation level with those of other organizations in similar situations. This is intended to lead the board to make sure the officer's compensation has comparable fair-market value with others in the geographical area. The data may be secured form reputable and independent surveys and the third requires the adequate documentation of the fixed compensation as its…… [Read More]
" In principle, that means that injured employees need not sue their employers for compensation for their injuries or to prove that they were the employer's fault. On one hand, that also limits the total amount of recovery to which they are entitled but it guarantees recovery to millions of workers without the need to engage in legal disputes that could result in no award or that could delay any award for a long time.
Setting Rates for Businesses
The New York State Workers Compensation Board utilizes several different mechanisms to set compensation rates. According to the Average Weekly Wage (AWW), total disability benefit rates for most claimants is calculated based on the value of one week's average annual earnings as reflected in data from the prior year's payroll. According to the AWW for disability benefits claims, calculations are based on the earning of the disabled employee during the eight…… [Read More]
Many have had to sell to larger competitors or exit the business entirely, with the owner of ockwell's selling to an investment group which manages small, independent cafes and restaurants. The bottom line is that the high cost of worker's compensation is forcing many employees to quit offering healthcare or risk not being able to stay in business. This supports the empirically-derived research that states workers' compensation is the only healthcare system for millions of Americans (Lakdawalla, eville, Seabury, 2007). For small business owners resolving the ethical dilemma of hiring undocumented workers on the one hand to keep labor costs down but still paying worker's compensation insurance, especially in California, on the other, have had the net effect of reducing the employment rate.
All of these factors point to the need on the part of small business owners to aggressively manage safety practices and minimize accidents as much as…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…… [Read More]
Personnel Law and Regulation
Workers Compensation Rehabilitation
For nearly 100 years, the system of Worker's Compensation has been used in the United States. Worker's Compensation is legislated and administered at the state level. Accordingly, each state has passed their own laws and developed their own system to administer Worker's Compensation within their jurisdiction. Despite the differences of each state's benefits, the overall concept of Worker's Compensation is used in each state.
The model of Worker's Compensation is simple. Employees loose their right to sue their employer for negligence, and employers are required to provide Worker's Compensation to their employees. Specific benefits vary from state to state. All state systems provide some form of protection for employees who are hurt while working.
Prior to the adoption of Worker's Compensation, the previous system required an employee to file a lawsuit against their employer. This proved to be ineffective and problematic. For example,…… [Read More]
Verizon Compensation Strategy
Verizon Communications is a publicly traded company registered in the United States as a telecommunications and broadband company. It trades under the name Verizon. It is a market leader in the telecommunications industry and strives to provide excellent services that satisfy consumers. Worker compensation has always been an important aspect of Verizon's overall strategy to keep employees motivated and provide excellent service to consumers. In 2010, the company did a review of their compensation strategy with the aim of improving it. The 2010 compensation decisions, designed by a committee and approved by shareholders, took effect in 2011.
Briefly describe the company you researched, its compensation strategy, best practices they are applying, and compensation-related challenges they are facing.
Verizon's compensation strategy is founded on providing fair compensation to its employees. All of Verizon's employees get a base salary that is pegged on market rates and incentives…… [Read More]
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]
NJ Fails Injured Workers
What is your reaction to the fact that many WC cases are rescheduled twelve or more times before settling? What is the impact of those delays on the injured workers?
The Workers Compensation system in New Jersey is clearly not effectively dealing with workers cases in a timely manner. The stories cited are heartbreaking; like John DeJulio who had to wait three years before getting a needed knee replacement, Andrew Mathis who was forced to wait so long for any kind of relief that he lost his house and was forced to move in with his family, and Joseph DelDuca who actually became so frustrated with his long wait that he took it upon himself to drive his pickup truck through the glass doors of his local unemployment office (Martin, 2008). There are many more cases that are similar to these that do not get media…… [Read More]
Compensation and Benefits: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)
The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times…… [Read More]
Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?
Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…… [Read More]
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.
Plaintiff firefighter appealed a decision of the United States District Court for the estern District of Tennessee, which granted summary judgment in favor of defendants, a town, its administrator, a fire chief, and an assistant fire chief, on his procedural due process and equal protection claims under 42 U.S.C.S. § 1983. The district court also dismissed the firefighter's claims for civil conspiracy under state law.
The firefighter, who was white, claimed that he was offered but then denied a promotion to the position of fire lieutenant because of his race. Instead, another firefighter who was black was promoted to the position. Defendants argued that the black firefighter was promoted because he ranked above the white firefighter in the testing and interview process. On appeal from the district court's decision, the court held: the district court properly…… [Read More]
Financial and Economic Impact of Worker's Compensation egulations And Compliance
The program and concept of Workers' Compensation might appear to be a product of a civilized society and the modern era, but nothing could be further from the truth. In fact, Workers' Compensation has essentially been around for as long as people have been completing task for payment of some form of another, because people have always been getting hurt in some way, on the job. "The history of compensation for bodily injury begins shortly after the advent of written history itself1. The Nippur Tablet No. 3191 from ancient Sumeria in the Fertile Crescent outlines the law of Ur-Nammu, king of the city-state of Ur. It dates to approximately 2050 B.C.2. The law of Ur provided monetary compensation for specific injury to workers' body parts, including fractures. The code of Hammurabi from 1750 B.C. provided a similar set of rewards…… [Read More]
Company's Compensation And Benefit Package
A number of factors determine how a company compensates its employees. These factors may include economics, psychology and even sociology. To an economist compensation is viewed as a labor market determinant (Filer, Hammermesh, & ees, 1996). As a human resource manager for Vanguard Industries I have been entrusted with the responsibility of explaining to the Chief Executive Officer (CEO) that guided my development of the company's compensation and benefit plan. I will specify economic factors I considered while coming up with the company's compensation and benefit packages, the manner in which they do so and the relative and absolute importance of each. Before coming up with a compensation and benefit scheme, it is imperative that matters pertaining employees' skill level, age, gender and minority and majority status are factored as they affect an individual's reward preferences and their view on what they contribute to an…… [Read More]
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Form of Contract
Data Privacy Legislation
The Mandatory Social Security Fund
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
© 2008. Mayer Brown LLP, Mayer Brown International LLP, and/or JSM.
Mayer Brown is a global legal services organisation comprising
legal practices that are separate entities ("Mayer Brown Practices").
The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
LLP, a limited liability…… [Read More]
Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at lunch. During this period of time, a patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. The patient notes that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.
Does Jerry's Medical Training Qualify Him to efill the Order?
While Jerry's medical training qualifies him to receive a prescription order and transcribe it accurately for other nurses or physicians to implement or…… [Read More]
Employee Contributions 30/05/2015
Two methods an H professional could use to determine incentive pay
Legally mandated benefits that the company must currently offer to its employees
Additional benefits that should be considered for its employees
Efficiency of common techniques for communicating compensation plans to employees.
Ethical risks of incentive pay and recommendations to mitigate the risks.
Two methods an H professional could use to determine incentive pay
There are a number of methods that are generally used by companies to link work, output and expertise to the remuneration of the employees. In this section we examine two methods that can be used by the company to create more loyalty among the employees to stay back in the company through the increasing in pay.
The reward management practices would help the company to determine the amount that would be paid to the employees. The underlying principal is that the company would…… [Read More]
S. Department of Health and Human Services, 2011). Furthermore, subpart C explains the privileges and the protections of confidentiality that is attached to the patient's record along with much exception (U.S. Department of Health and Human Services, 2011).
The penalty for anyone who breaks confidentiality is imperative. In "November, 23, 2009" was increased to $11,000 (U.S. Department of Health and Human Services, 2011). This goes for anyone in the medical field or has access to this information. A person has to follow HIPAA precisely or face a huge fine. If one thought of this ahead of time, whether or not they own a business, then no issues would arise legally. However, sometimes this does occur, especially for those who want to harm another person, yet in the medical field the goal is not to do this to any individual, regardless, otherwise he or she could face losing their license in…… [Read More]
Transaction Under Each of the Five Ethical Theories
Juanita's behavior is clearly in contravention of a normative code of ethics since each of the world's religions proscribe bribery. The Bible, for instance, as does the Koran goes on in depth about the severity of perverting justice and bring officials or any one involved in the jurisprudence sector.
Utilitarianism is somewhat stickier in application. If Juanita's behavior provides the greatest amount of people in her environment with pleasure, she can, consequently, proceed. Utilitarianism is, however, not so clear in this situation for how do you define and set the limits to providing happiness t o the greatest amount of people. Who are the majority in this case? Are they the employees in Giantcorp and the bribed official (as well as recipients who profit from the bribe)? Are they competitors to the company? Are they the specific country? Or…… [Read More]
Currently children and families who are in this country illegally are entitled to the following programs.
Women, Infants, and Children (WIC) nutrition program: Agency workers do not ask for a client's immigration status"(Benefits, 2006).
Outpatient medical care: Only at clinics designated as federally qualified health centers - those helping needy communities - where clients receive medical care if they demonstrate financial need "(Benefits, 2006).
Prenatal care: Only at federally qualified health centers"(Benefits, 2006).
Emergency medical care: Paid by Medicaid if patient shows financial need"(Benefits, 2006).
Labor and delivery care in hospitals: Paid by Medicaid if patient shows financial need (Benefits, 2006)."
Immunizations: Health departments and clinics generally do not ask for immigration status. They prefer to vaccinate as many people as possible to prevent disease outbreaks (Benefits, 2006)."
Business license: The state does not ask for proof of immigration status.
Public defender: equired by the U.S. Constitution for those charged…… [Read More]
What is arah's theory?
Will she succeed?
arah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." ince he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.
he will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. ince…… [Read More]
Employment at Will Policy: Exceptions to the ule
The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).
Also, in the…… [Read More]
This is related to the fact that the use of pesticides is very poorly regulated. (Protect Farm orker's Health) the use of pesticides has become an area of research and concern by the health authorities. This aspect has been well documented but experts are of the opinion that there are "...insufficient studies examining the effects of multiple pesticide exposure." (Rosenbaum and Shin, 2005)
2.2.3. Access to health benefits and care
The general consensus from the literature on the subject is that migrant and seasonal farm workers and their families are "…overwhelmingly uninsured." (Rosenbaum and Shin, 2005) the 2005 study of the health of migrant farm works by Rosenbaum and Shin indicates that in 2000, "…85% of migrant and seasonal farm workers were uninsured, compared to 37% of low-income adults nationally." (Rosenbaum and Shin, 2005) the study also found that both migrant and seasonal farm workers had less access to health…… [Read More]
Nike Inc. is an America multinational company with engagements in development, manufacturing, design, and global marketing of equipment, apparel, footwear, services, and accessories. The firm has its headquarters in Beaverton in Portland metropolitan region. The company remains part of the largest apparel and athletic shoes supplier in the world. The company is a notable manufacturer of different sports equipment reaching a revenue mark of U.S.$23.1 billion in 2012. The year 2012 was illustrated by the employment of close to 44,000 individuals across the world. Further, the brand was estimated to be at the value of $19 billion that made it a valuable brand within other sports businesses. Nike was developed in 1964 under the name Blue ibbon Sports (Farrell, 2009).
The founders were Phil Knight and Bill Bowerman who later adopted the name Nike, Inc. In 1971. The firm took the name against the Greek meaning of 'goddess of victory'.…… [Read More]
Dental care under MCSS fee schedule for Ontario Works adults;
Prosthetic appliances such as back braces, surgical stockings, and artificial limbs (provision, replacement, and repairs);
Wheelchairs and repairs for the portion not covered through ADP;
Hearing aids and batteries (co-payment under Ministry of Health and Long- Term Care's Assistive Devices Program (ADP) for the provision, replacement, and repairs to hearing aids);
Vision care for adults;
Dentures where deemed appropriate;
Cost of completing other medical forms; and Other items may be approved individually based on medical documentation stating the need and the benefits.
7. It is important to carefully define these factors and determine an appropriate number for the organization. The definitions should not overlap, resulting in the same job dimension being measured multiple times. However, the important aspects of each job and what the organization wants from its employees must be included. From there, home country-based compensation is the following…… [Read More]
compensation strategies companies. For company selected, discuss a 350-word synopsis: • Evaluate compensation strategies executives company. • Evaluate compensation strategies sales forces contingent workers company.ID
Compensation strategies for two companies
Whole Foods, the organic grocery retailer, is one of the few companies that has actually reported garnering positive press as a result of its executive compensation policy. Whole Foods ' "caps the chief executive's salary and bonus at 14 times the average worker's pay" (Clark 2006). This is intended to reinforce the team-based leadership and performance reviews that structure the company's leadership within its stores throughout the nation. However, it has been noted that Whole Foods is not quite as democratic in reality as its written policy might suggest. CEO John Mackey made $1.8 million exercising his stock options, far more than his official salary of $436,000 (Clark 2006). However, his overall compensation is still relatively low, compared…… [Read More]
Workers ights or Union ights Course
This a feasibility research report. Written Wayne State University a "Workers ights/Union ights added general education courses. I enclose a sample report guidelines formatting details personal notes subject.
Importance of having a Workers rights or union rights course
Please find attached the feasibility report for the introduction of a course on worker's rights or union rights which analyzes the importance of worker's unions and how they have been able to improve the work lives and compensation of workers. Based on the research conducted, it is recommended that Wayne State University should introduce this course for the reasons provided which bases the arguments on management projects and future needs of the country's workforce.
Importance of worker's unions
For many years, unions have made a substantial impact on the work lives and compensation of workers who are both unionized and non-unionized. Current data indicates that unions…… [Read More]
Q12. Describe the impact of legislation on the field of compensation management.
Minimum wage and overtime laws restrict the minimum amount employers can offer to workers; anti-discrimination legislation mandates that employees are compensated without regards to their racial, ethnic, gender, or disabled status.
Q13. Identify the impact of incentives such as bonuses to a compensation program.
For some professions, such as sales and investment banking, bonuses derive the bulk of the individual's expected salary. Bonuses can also be a means of distinguishing social status between employees. Bonuses can also simply be used to encourage higher levels of performance, based upon short-term outcomes.
Q14. Explain how the global market affects U.S.-based companies' compensation.
In a global marketplace, high-quality employees are more 'portable,' but because of the ability to outsource labor, employees may also find their salaries kept artificially low through the availability of lower-cost foreign workers.
Q15. Describe salary/market surveys.
Salary…… [Read More]
Caywood, Steven C. (2010). Wasting the Corporate Waste Doctrine: How the Doctrine Can
Provide a Viable Solution in Controlling Excessive Executive Compensation. ichigan Law Review, 109(1), 111-136.
ajor Thesis: This article reviews and seeks a solution for the controversial issue of corporate executives receiving enormous compensation. The article points out that public outcry against grossly, outrageously inflated bonuses and other compensations for executives has rarely done any good, but the group that suffers the most when executives receive such huge compensation are the shareholders. eantime this paper suggests that the "corporate waste doctrine" is one way to limit "excessive executive compensation"; if the corporate waste doctrine were enforced legislatively, the author explains, and executives continue to be paid outlandishly huge bonuses, the stakeholders would have a legal recourse in response.
Clearly it is unfair when an executive -- specifically a CEO -- receives "…roughly 400 times that of an…… [Read More]
Sean Brosnan was a high school senior. He filled out his applications for college in September of 2015, including an application for early decision to Queens University. In December Brosnan received a thick packet from Queens, which included a glossy brochure entitled, "Welcome to Queens." The first page of the brochure said, "Welcome to Queens!! We are delighted to have you as a member of the university community! We will be holding a place for you in the class of 2020 if you submit a $200 deposit by January 20. We would remind you that by your application for early decision, you indicated your commitment that if you were accepted to Queens, you would withdraw any applications that you have filed to other colleges and universities." The brochure included an "Acceptance Coupon" providing that the signer was making a "definite commitment to attend Queens University during the coming academic year,…… [Read More]
Temporary Disability Law
What laws apply to temporary disability at the workplace?
Temporary Disability Insurance (TDI) programs are designed to provide wage replacement for non-work-connected sickness or injury. The TDI program complements the UI program by providing benefits to individuals who do not meet the UI program's "able" to work requirement. Although Federal law does not provide for a Federal-State TDI system, the SSA and the FUTA both authorize the withdrawal of employee contributions from a State's unemployment fund for the payment of TDI. (Temporary Disability Insurance, n.d..)
Another law providing for temporarily disabled workers injured on the job is Workers' Compensation. Workers' Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some…… [Read More]
As he was performing his responsibilities in the course of his employment he would be covered by orkers Compensation statutes
. Under such statutes the question of Clumsy's contributory or comparative negligence would not be at issue as orkers Compensation laws do not concern themselves with either concept. Such statutes are concerned only with providing coverage for workers injured in the scope of their employment and the worker's part in the accident is of little concern.
In the event, however, that orker's Compensation laws do not apply, Clumsy's perceived intoxication would have significant bearing on the negligence issue. The wet floor was likely the cause of Clumsy's fall and, absent Clumsy's apparent intoxication, would have provided Clumsy with a basis for recovery. Unfortunately, however, for Clumsy his intoxication will likely serve to diminish, or completely bar, him from recovery. The application of contributory negligence will require a determination as to…… [Read More]
American today, works more that an American worker of even a generation ago. A 1999 Government report stated that workers worked 8% more hours than the previous generation. This translates to an average workweek of 47 hours. Twenty percent of workers today work more than 49 hours. The work place has been constantly changing -- the revolution from agronomies to industrialization having had its origins in the industrial revolution. Most of the industrialized regions of the world have attained better standards with significant improvements in quality of life as a result of the industrial revolution. In turn, however, the workplace became more formal and restrictive. Any personal skills of an individual worker were generally ignored. These abilities were not essential a worker's role in the "new" work environment.
Mass production was the next phase of change in the workplace. It made standardization the norm. Greater emphasis was placed on conforming…… [Read More]
Fabianism and Social Democracy
Fabianism and social justice
Fabianism was an early form of socialism that was espoused by many 19th century intellectuals, including George Bernard Shaw and Oscar Wilde. The 19th century was an era of tremendous social injustice. Capitalism was virtually unregulated, and it was not unusual for men and women to work ten hour days or more. Child labor was widespread. It was accepted that there would be a chasm between the haves and have-nots, in terms of income, rights, and quality of life. One response to this state of injustice was Marxism or a vision of a classless society after a violent overthrow of the ruling classes. In contrast, the Fabian brand of socialism was a gradualist vision, which viewed reform from within as the best method of realizing social justice. Fabians believed that by agitating for the rights of the working classes, women, and oppressed…… [Read More]
Health care in the United States has evolved through governmental and private answers to historical trends, starting with the first days of the United States. Often arising as responses to serious gaps in health care, these remedies traditionally build on each other and have resulted in a uniquely American health care system. The trickle of Baby Boomers into "the elderly" is now posing new challenges for both governmental and private providers, which must be met by new responses and a newly adapted health care system.
Discuss the government's role in responding to historical trends that impact the delivery of hospital care and how this has added to the expansion of hospitals in the United States.
Commencing with the very existence of our Republic, the United States government has taken a leading role in dealing with historical trends, significantly impacting delivery of hospital care and expansion of hospitals in this…… [Read More]
Unfortunately, if the expense and cost were too much of an issue for the employer to accommodate, they have the right to not to hire the disabled person, however they must prove it for legal reasons. From there, cost and expense can be a variable when considering reasonable accommodations.
What Carl suggested was wrong because every individual is different, therefore the condition of her disability at the present time could not be a deciding factor in Dave's decision not to hire her. "If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the…… [Read More]
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]
Fitzgerald went to his physician for a routine examination. The doctor discovered that Fitzgerald's vision was failing. To prevent further problems, Fitzgerald would have to have special lighting installed in his office at work. He would also have to change his work schedule so that he would not have to drive after dark. hen Fitzgerald told his employers about the changes, they fired him claiming that the alterations in his office and in his work schedule would cause too much disorder at work. Angered by this mistreatment, Fitzgerald sued his employers. He argued that a federal statute, the Americans with Disabilities Act, says that employers must try to meet the individual needs of workers who are handicapped even if these changes cause some inconvenience and disorder. hich of the two primary objectives of the law does this statute address? hich objective does it hurt? In your opinion, how should the…… [Read More]
Total ewards: Compensation That Encourages
Developing a more comprehensive and conscious reward system can be an excellent way to motivate employees, to maintain and exceed ethical human resources management practices, and to attract and retain top talent through performance-based compensation. There are also several legal considerations that need to be taken into account before implementing such a system, however; though it might seem odd that trying to give employees more could have legal barriers, understanding the law helps owners to avoid unintentional errors that could create significant risks for the business. The following pages present a brief overview of some of the total rewards considerations that should be looked into and some of the attendant legal concerns that could arise.
Achieving Total ewards
No rewards system will be effective if the goals that lead to rewards are not clearly defined and carefully adhered to, but part of the beauty of…… [Read More]
Total Compensation Methods
Compensation is widely considered as a primary source of motivation for the employees within an organization.in most scenarios people look for jobs which not only suite their creativity and talents but those which compensate them in terms of salary and benefits. Compensation is one of the fastest changing fields when it comes to Human esource as companies are going ahead with investigations of various ways that can be used for rewarding employees commensurate to their performance. Within any organization there is need to ensuring that the turnover ratio is well maintained while at the same time retaining the best employees. Compensation and benefits are two sure ways that a company can use to achieve such things. This paper therefore looks at some of the common compensation strategies that are found within organizations, analyses the impact of various compensation methods used and also highlight how the salaries and…… [Read More]
The author of this report is asked to analyze and summarize the compensation plan of Merck Corporation, how it can be better, what they are doing right and what they are doing wrong. Inclusive in that will be an overall evaluation of their current plan, the beneficial ratio of internally consistent and market-consistent compensation systems, an evaluation of the current pay structure, two overall recommendations that the author of this report feels that Merck can and should undertake and the types of employer-sponsored retirement plans and/or health insurance plans that Merck makes use of as compared to that of competitors like Johnson & Johnson and others. While Merck, like most other companies, should always work to fine-tune and perfect their compensation plan, Merck is actually going quite well as made possible by their market and internal research as well as its wealth of resources and options that they…… [Read More]
Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.…… [Read More]
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…… [Read More]
This means that rescue personnel such as police, fire fighters or emergency medical technicians can ask someone else to help extricate someone from a hole, and the person helping will not be liable. It does not mean that a mining company is automatically exempt from liability if they have a mining accident, but when assisting others, gross negligence or willful misconduct must be present for them to be sued.
inally, in Section D, the law specifically states that protection from this law does not include any liability from the operation of a motor vehicle. It also defines very clearly what the law means by "compensation." Since police and firefighters are salaried, they are "compensated" for their work, including for work they perform during an emergency. In this law, it also does not mean gifts of services. Examples given are ski lift tickets, training (for example to learn CPR or how…… [Read More]
S. jobs, or approx. 25% of its employees, overseas by end of 2004. The plan is to ultimately move EVERY job that supports an internal account. I also hear they are behind schedule at the moment.
Certainly, this is a very significant proportion of the computer giant's American workforce. Yet, IBM's management justifies such drastic demographic changes by appealing to the humanitarian side of the globalization debate.
It's not about one shore or another shore," an I.B.M. spokeswoman, Kendra R. Collins, said. "It's about investing around the world, including the United States, to build capability and deliver value as defined by our customers.
And to further emphasize their socially-redeeming values,
Executives at I.B.M. And many other companies argue that creating more jobs in lower cost locations overseas keeps their industries competitive, holds costs down for American consumers, helps to develop poorer nations while supporting overall employment in the United States…… [Read More]
These figures dwarfed what other big businesses paid for discriminatory practices. These businesses included Texaco, Inc.; Shoney's, Inc., Winn-Dixie, Stores, Inc.; and CSX Transportation, Inc. Critics saw Coca-Cola's settlement as signaling a major breakthrough among big businesses as coming to terms with diversity in the workplace (King). ecause the company has been a leader in many areas, these critics regarded it as setting an example of greater openness to promotions across races of employees (King).
Settlement terms included $23.7 million as back pay; $58.7 million as compensatory damages; and $10 million as promotional achievement award fund distributed to the complainants. A remaining $20 million went to attorney's fees and $36 million to the implementation of internal program reforms. Coca-Cola would also create an external, seven-member task force to insure that the terms were complied with and to oversee the company's diversity efforts (King).
According to Social Networks. - Connections in…… [Read More]
In the case of retirees of 65 and over, it decreased from 7.5% in 2007 to 6.36% in 2008. The rate to which the cost trend is assumed to decline was maintained at a constant level of 5% in 2007 and 2008.
Given the company's financial situation and the current global economic conditions, it is estimated that the compensation and benefit costs will decrease in the following years. The company estimated the following evolution:
Pension benefits: $4,964 in 2008, $4,841 in 2009, $4,864 in 2010
Postretirement benefits: $2,520 in 2008, $2,636 in 2009, $2,733 in 2010
Medicare subsidy receipts: $120 in 2008, $130 in 2009, $140 in 2010
The company is very active in the stock-based compensation plan. This type of compensation is encouraged by the company's board of directors. The compensation cost in 2005 reached $143, in 2006 it reached $301, and in 2007 it reached $720.
Advantages and…… [Read More]
I can think of few things that could be more dangerous for homeland security than granting amnesty to 8 to 12 million illegal aliens," said Rep Tom Tancredo, R-Colo., an outspoken critic of legalization. "Perhaps the administration ought to dedicate more energy to enforcing our existing immigration laws and less on finding ways to allow millions to skirt them," Tancredo added. (Stern and Kammer) legalization program on the scale Tom Ridge, Secretary of the Department of Homeland Security, suggested would overwhelm his already overburdened department," said Krikorian. (Stern and Kammer)
Principles on Legalization
According to the League of United Latin American Citizens (LULAC), there are key elements that must go along with a legalization program in order for it to be acceptable.
Sacrificing the future wages, labor protections, and working conditions of both U.S. And future foreign workers in order to achieve legalization is too high a price," says a…… [Read More]
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).
In some instances, regarding benefits, employers may have some discretion under the ADEA. For example,…… [Read More]
Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).
NewCorp has a strong case that…… [Read More]
Deliberate discrimination may be to blame -- in part. But companies can also make it easier for women to balance the challenges of work and family life in a more effective fashion, given that these responsibilities often fall disproportionately on female shoulders. Providing day care for women, allowing more flexible work schedules for employees, as well as diversity and sensitivity training are all necessary. Encouraging female mentorship programs to undercut the influence of the still strong 'all boys network' of promotion is another critical move to shatter the ceiling.
Equal Pay and Compensation Discrimination." 1(Oct 2007).
The U.S. Equal Employment Opportunity Commission. Retrieved 13 Dec 2007. http://www.eeoc.gov/types/epa.html
Kennedy, John. (10 Jul 1964). "Remarks upon Signing the Equal Pay Act."
The American Presidency Project. Retrieved 13 Dec 2007. http://www.presidency.ucsb.edu/ws/index.php?pid=9267… [Read More]
The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996
Scope & Summary
There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…… [Read More]
The need for seasonal employees comes at harvest time every year for agricultural farming companies. In order to have enough employees to get the job done on time, often workers come across the border from Mexico. There are a number of federal laws that employers must follow including the Civil Rights Acts of 1964 and 1991, Equal Pay Act of 1963, Age Discrimination Act of 1967, Fair Labor Standards Act of 1938, the Tax Reform Acts of 1969, 1976, and 1986, Occupational Safety and Health Act of 1970, among others. Employees have the right to equal treatment at work regardless of age, gender, race, religion, national origin, disability or citizenship status (Your Employment Rights, 2010). The only requirement is a legal authorization to work in the U.S. Employers must complete and maintain a Form I-9, which lists different documents employees can use to show proof of identity and…… [Read More]
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three conservative organizations submitted a collective brief to the Supreme Court on the Michigan cases. These organizations were the Center for Equal Opportunity, the Independent Women's Forum and the American Civil Rights Institute. Their brief succinctly stated that racial preferences were incompatible with the 14th Amendment. The 14th Amendment, according to them, clearly states that no person within its jurisdiction would be denied the equal protection of the laws. The silence of the justices to this statement was perceived to indicate insufficient interest in the original understanding than in their own case law. In 1865 and 1866, radical Republicans proposed a constitutional amendment that no State could set distinctions in civil rights and…… [Read More]
compensation and traditional bases for pay.
Background- Mary is what you could call a perfect employee. She holds the post of a supervisor in a construction company. She has been with the construction company for over 15 years. Mary is one of the few females in the male-dominated company and also the only female supervisor. All her male colleagues joined the company at least five years after her, but got promoted ahead of her. She is the only one among them with an advanced degree. Mary is in love with her job and has no complaints about the treatment she gets. One day, after a long and rough day at work, she decided to go out with some of her colleagues for dinner. While dining with her colleagues, some of her male colleagues got into a discussion about their salaries and other job openings that offer better paychecks.…… [Read More]