The exemption status of the employee's position thus changes when the docking occurs, making them non-exempt, and thereby eligible for overtime for all extra hours worked" (Dorf 1994). By docking the pay of salaried workers, the company was effectively treating them as salaried employees (hence the restitution of their pay).
The employees who did work the full forty hours, however, are claiming that in doing so the company revoked their exempt status as well and because they worked more than their colleagues, they effectively worked 'overtime.' However, there are significant differences between the case of the engineering firm and that of Martin vs. Malcolm Pirnie Inc. The engineering company did act fairly in retroactively restoring pay, in an effort to comply with the FLSA by treating the workers as salaried, rather than unsalaried employees. The status can be revoked when the company treats exempt employees like nonexempt employees, but in…...
mlaReferences:
Wages and hours worked: Minimum wage and overtime pay. (2012, June 2). Retrieved from Department of Labor: http://www.dol.gov/compliance/guide/minwage.htm
Dorf, P.R. (1994, June 2). Classify jobs properly to avoid overtime trap. Retrieved from HR Magazine.: http://www.compensationresources.com/press-room/classify-jobs-properly-to-avoid-overtime-trap.php
Kandilov, I.T. (2009). Do exporters pay higher wages? plant-level evidence from an export refund policy in chile. The World Bank Economic Review, 23(7), 269-294.
Walsh, D.J. (2010). Employment law for human resource practice. Mason, OH.
ere, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police.
The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents. Thus, the police were acting in accordance with the law. So, there was no false arrest.
Conclusion
Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment. Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum of the school…...
mlaHazelwood School District v. Kuhlmeier. 484 U.S. 260 (1988).
42 U.S.C. Sec. 2000e-2
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus a failure to communicate. Neglect must be serious and continuing and involve serious mental, physical or moral harm to the child. Poverty or disreputable lifestyle, absent such harm, is not adequate grounds for termination. Abuse requires serious physical or emotional harm, or sexual misconduct. A likelihood of future abuse must also be established, since termination is not intended to be a punishment to the biological parent. A mental illness, deficiency, or substance abuse problem must result in an inability to…...
mlaBibliography
Mary Kay Kisthardt, of Fatherhood, Families and Fantasy: The Legacy of Michael H. v. Gerald D., 65 Tul. L. Rev. 585, 588 (1991).
Marianne M. DeMarco, Delineation of the Boundaries of Putative Father's Rights: A Psychological Parenthood Perspective, 15 SETON HALL L. REV. 290, 291 n.7 (1985).
Rita Meiser & Marcie Velen, the History of Adoption. April 29, 2005).http://www.researchetcinc.com/history.hml .(Visited
Suellyn Scarnecchia, Defining Family: Adoption Law and Policy Adoption Rights, 2 Duke J. Gender L. & Pol'y 41, 41-42 (1995).
Legal AnalysisA eduction in Force (\\\"IF\\\") is legal in the United States for legitimate business necessity. Employers undertaking a IF in the United States are expected to consider the federal laws, contractual terms, and advance notice obligations to avoid any claims of discrimination from employees (Connolly Jr, Connolly, & Feinstein, 2018). Human esource (H) professionals are tasked with the responsibility of managing employees within an organization. The H manager is expected to refer to the laws that govern employees\\\' rights and obligations while performing their duties.There are dire consequences for an organization that violates the employees\\\' rights, such as lawsuits, financial losses, and reputation damage. The H manager should be familiar with legislations such as Equal Employment Opportunity (EEO) laws that protect against discrimination of any person based on age, nationality, religion, disability, sex, or pregnancy. The wage and hours laws are also significant to the H manager since they…...
mlaReferencesConnolly, Jr, W. B., Connolly, M. J., & Feinstein, J. (2018). A practical guide to equal employment opportunity. Law Journal Press.Mathis, R. L., Jackson, J. H., Valentine, S. R., & Meglich, P. A. (2017). Human Resource Management 15th ed.Rassas, L. B. (2020). Employment Law: A Guide to Hiring, Managing, and Firing for Employers and Employees. Wolters Kluwer Law & Business.Meiners, R. E., Ringleb, A. H., & Edwards, F. L. (2014). The legal environment of business. Cengage Learning.Notestine, K. E. (2000). Fundamentals of employment law. American Bar Association.Pynes, J. E., & Lombardi, D. N. (2011). Human resources management for health care organizations: a strategic approach. John Wiley & Sons.Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.
Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has a…...
ethical issues in the given case.
Jane, Brad, Eddie and Greg are stakeholders, to some extent, in the given case. Brad owns an organization, Eddie is its general manager, Greg is employed as one of the organization's many service technicians, and Jane is employed as the payroll department head. All service technicians, to a certain extent, are organizational stakeholders (LS312__FamilyBusiness , n.d). Therefore, all involved parties in the given case have some concern in the company or, were something to happen, a claim. Interest derives from business operations and task assignation.
Legal Analysis
This case involves the At-Will Employment law. In every state in the U.S., with the exception of the state of Montana, relationships with regard to employment are assumed as being "at-will." America is one among the few nations in the world in which the nature of employment is principally at-will. A majority of nations across the globe authorize companies…...
mlaReferences
(n.d.). EEOC Home Page. Facts About Retaliation. Retrieved December 19, 2015, from http://www.eeoc.gov/laws/types/facts-retal.cfm
(n.d.). Legislative News, Studies and Analysis -- National Conference of State Legislatures. At-Will Employment - Overview. Retrieved December 18, 2015, from http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
(n.d). LS312_Unit2_FamilyBusiness
(n.d). Writer Thoughts
Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.
My Three (3) Step Legal esearch Process
Analysis and Planning
As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various legal issues represented…...
mlaReferences
Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.
Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.
Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.
Secondary research methods and outlets as well as support agencies are examined here. This part is also strengthened by consideration of online outlets for examination of the often fast-paced change in status of certain legal questions.
Somewhat of an anomaly is the placement hereafter of several chapters relating to how best to read and analyze sources and cases. It would seem more consistent with the pacing of this work to place these segments just prior to or after the case law section.
Returning to a sensible structure, the text turns thereafter to consideration of the legal writing field. Offering basic guidelines, tips on structural organization, discussion on point by point segments of legal writing and even discussion on such legal correspondences as opinions and client letters, the text ultimately serves as a rather thorough introduction to effective understanding and practice of legal writing.
orks Cited
Honigsberg, P.J. (2002). Gilbert Law Summaries: Legal Research,…...
mlaWorks Cited
Honigsberg, P.J. (2002). Gilbert Law Summaries: Legal Research, Writing & Analysis. Harcourt Legal & Professional Publications, 9th Edition.
Legal Immigration Is Good for the United States
With the United States opening its boarders to thousands of legal immigrants each year, immigration has become one of the most hotly debated issues in the country. However, what has largely fueled this debate has to do with the impact of both illegal and legal immigrants on the United States' economy, crime rates as well as education and environment. While some continue to advocate for the reduction of immigration within the U.S., others are of the opinion that legal immigration impacts positively on the U.S. In terms of diversity and economic gains amongst other unique benefits. It is important to note that when legal immigration is viewed from a critical perspective, the United States does benefit greatly from the same. This text will clearly and concisely highlight some of these benefits.
Immigration in the United States: An Overview
Considered a complex demographic issue, immigration to…...
mlaReferences
Arnold, K.R. (2011). Anti-Immigration in the United States: A Historical Encyclopedia. California: ABC-CLIO.
Estrom, P. (2007, June 7). Immigration: Google makes Its Case. Retrieved February 12th, 2012, from Business Week website: http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm
Geigenberger, J. (2008). The lasting Value of Legal Immigration for the United States of America. Norderstedt Germany: GRIN Verlag.
Griswold, D. (2009, July 21). As Immigrants Move in, Americans Move Up. Retrieved February 14th, 2012, from CATO Institute website: http://www.cato.org/pub_display.php?pub_id=10650
The Case of the Speluncean Explorers is a book which describes various perspectives of interpreting the law as well as what is right (moral). While Fuller invents a judicial case which involves both the moral values and the laws in the most challenging way, Peter Suber tries to make an analysis that will respond to all the key aspects of the scenario.
It is worth underlining that Fuller created enough elements in order to have sufficient arguments for both acquittal and conviction, depending on the perspective.
The rule of the judges was difficult because they were actually compelled to define what "good" was. Good is an universal value which everybody understands. However, sometimes only some can benefit from certain advantages while others can not. When life is the advantage at stake, things become even more difficult, as life is the very value of men and the most priced possession. Can one impose…...
mlaBibliography
Suber, Peter. The case of the Speluncean Explorers: Nine new opinions. Routeledge, 1998
The natural law tradition in ethics." Stanford encyclopaedia of philosophy. 11 March 2008. 17 November 2008. http://plato.stanford.edu/entries/natural-law-ethics
Legal Structure and Management of a National Level Sporting Organisation
Sports activities in the world today are becoming more popular and are attracting huge crowd. This is one of the reasons that have made sponsors to come in so as to help such clubs that are not able to support themselves financially. Through sponsoring, the sponsor is able to market and advertise its products within the stadium where the club is playing among other benefits. It is worth noting that sports are viewed as a means of income to each stakeholder including the players. Essendon football club has made Australia to be known worldwide because of the good performance the club has exhibited over the years.
Essendon Football Club is rated as a dynamic world class club in the Australian sporting arena. The success and competitiveness of the club is dependant on its set legal structure and proper management that foresees its…...
mlaReferences
Books, H. 2011. Articles on Essendon Football Club Including: List of Essendon Football Club, Honours, Anzac Day Class. America, AM: Hephaestus Books.
Bools, L., & LLC, G.B. 2010. Essendon Football CLub: Essendon Football Club, List of Essendon Football CLub Honours. United States, U.S.: General Books LLC.
Clark, T. 2007. Stick This in Your Memory Hole. Doncaster East Victoria, VIC: aduki independent press.
Devaney, J.P. 2009. Full Points Footy: Encyclopedia of Australian Football Clubs. Lincoln, LN: Lulu.com.
(Chizek, 2003)
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:
Consulting expert
Testifying expert
Facility-based investigator
Trainer and in-service presenter
Peer reviewer
Quality improvement, risk management, claims management
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions, the statute of limitations is two to three years."…...
mlaReferences
http://www.questia.com/PM.qst?a=o&d=5001243047
Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.
Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.
Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.
Legal Ethical Environment
[Type the document title]
Over the last several years, the mining industry has faced similar challenges. Part of the reason for this is because of the increase in demand for a host of different raw materials. In the case of Rio Tinto and HP illiton, they are facing similar challenges from various safety issues. elow we will examine how both companies are addressing this underlying problem. (Goodman, 2004)
Identify two firms with similar problems but from different countries
Two firms that are facing similar challenges that are from different countries include: Rio Tinto (based out of the UK) and HP illiton (headquartered in Australia). Where, they are wrestling with how to improve mine safety, due to a series of accidents that have occurred.
Conduct a comparative analysis of the firms
The two firms are facing increasing pressure to improve mine safety standards because of a number of high profile accidents. In the case…...
mlaBibliography
Australian Mine Disaster. (1998). Mine Web. Retrieved from: http://www.mineweb.com/mineweb/view/mineweb/en/page67?oid=80326&sn=Detail
Goodman, P. (2004). Booming China Devouring Raw Materials. Washington Post. Retrieved from: http://www.washingtonpost.com/wp-dyn/articles/A43765-2004May20.html
Perrin, C. (2010). Rio Tinto Spends More. IB Times. Retrieved from: http://www.ibtimes.com/articles/85861/20101126/rio-tinto-spends-more-for-underground-mine-safety.htm
Stevens, M. (2007). African Deaths Highlight BHP Mine Safety Problems. The Australian. Retrieved from: http://www.theaustralian.com.au/news/african-deaths-highlight-bhps-safety-problems/story-e6frg77f-1111115202285
Furthermore, Jones will not be entitled to recover damages for mental distress in the amount of $1 Million. Damages for mental distress are generally not appropriate in the context of a contract dispute. Furthermore, damages for mental distress are generally limited to situations where the behavior of one party is extremely outrageous. Due to these limitations, absent information that would lead one to believe that Black engaged in behavior that was specifically intended to harass Jones, damages for mental distress are inappropriate in this case.
However, Jones is entitled to receive damages above and beyond his restitution interest and punitive damages. In general, a prevailing party is entitled to court costs and reasonable legal fees. Therefore, as the prevailing party, Jones is entitled to recover the amount of money he was forced to expend to pursue his remedies. However, Jones may not be entitled to recover the actual amount he has…...
mlaWorks Cited
Security Stove & Mfg. Co. v. American Ry. Express Co., 51 S.W. 2d 572 (Mo. Ct. App. 1932).
Sheridan v. Sheridan, 247 N.J. Super. 552, 589 A.2d 1067 (1990).
Sturm, Ruger & Co., Inc. v. Day, 594 P.2d 38 (Alaska 1979).
Vermont Women's Health Center v. Operation Rescue, 159 Vt. 141, 617 A.2d 411 (1989).
Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance
. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.
Additionally, effective partnerships require regular meetings and reviews of all business operations, and a careful…...
mlaReferences
Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer
Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)
Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)
Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:
Title 1: Constraints and Conflicts: The Boundaries of Federal Court Jurisdiction in Shaping American Governance
Title 2: The Evolving Constitution: Balancing Judicial Power and the Founding Fathers' Vision
Title 3: The Living Constitution and the Limitations of Federal Courts: A Dialogue with the Founding Fathers
Title 4: The Limited Reach of Federal Courts: Protecting State Sovereignty and Individual Rights
Title 5: Balancing Judicial Supremacy and Federalism: The Challenges of Court Jurisdiction in a Divided Nation
Title 6: The Founding Fathers' Legacy and the Current Limits of Federal Court Jurisdiction
Title 7: The Living Constitution vs. Judicial Restraint: Navigating the Tension between Court Power and Constitutional Intent
Title....
I. Introduction
II. Background of the Case
III. Procedural History
IV. Legal Analysis
V. Impact of Terry v. Ohio
I. Introduction
II. Body
Yes, the concepts of "pattern" and "substantially similar" can intersect in legal analysis, particularly in the context of determining whether certain conduct or actions meet a certain legal standard or definition. In some cases, a pattern of behavior or conduct that is found to be substantially similar to a legal standard or definition may suggest that the behavior or conduct in question is not compliant with the law.
For example, in cases of discrimination or harassment, courts may look for a pattern of behavior that is substantially similar to establish a violation of anti-discrimination laws. Similarly, in cases of copyright....
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