Employee Management and Welfare
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Course
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Bus Law 2
10. Employee Management and Welfare
Standard for compensation under the worker’s compensation system postulate that an injury must originate from the workplace, which was evident in the Nick’s case. Moreover, employee’s contributory negligence does lessen their right to compensation. Nick can recover the damage, which is classified as work related and compensable, and his injury originated from the work place and caused by the workplace, which was the crane he was driving. Case of Gacioth v Stroh Brewery Co touches on almost similar issue. Nick should therefore file a suit against Huff Corporation and recover for his injuries (Jennings 615-620).
11. Employment Discrimination
According to Title VII, there are several anti-discrimination laws that were passed beginning with the 1866 Civil Rights Acts that prohibited intentional discrimination based on race, color, national origin, or ethnicity. According to Jennings, the Civil Rights Act of 1964 42 U.S.C & 1981:
Outlaws all employment discrimination on the basis of race, color, religion, sex, or national origin; applies to hiring, pay, work conditions, promotions, discipline, and discharge; EEOC enforces; private lawsuits permitted; costs and attorney fees recoverable (Jennings 642).
According to Brown v A. J Gerrard Mfg. Co.,the city treated members of different groups with different standards or rules. The females are discriminated against by paying them less and paying whites more compared to the blacks. It is apparent that treatment was disparate and constituted discrimination (Jennings 642-647). However, disparate impact may be applied if it was an impact of an employment practice to pay the people working in the maintenance low as per their skills. Sarah, Chelsie and Lexi could have won the case if they are paid less than men in the comparable position but in this case, they are in different positions. They could have used statistical evidence as was in the case of Duke V Wal-Mart Stores, if they could have proved that they are paid less in comparable position but unfortunately, that was not the case (Jennings 640-648).
12. Filling of 10K, 10Q and 8K reports and their significance
10Q is a company’s quarterly report filed by a company within 35 days of the end of their quarter. 10K report is an annual report filed annually by a company and it entails everything regarding the company filing the report such as Audited financial statements. 8K is however a report of unscheduled material events that may trigger a company’s obligation to file a current report bankruptcy. 8K is filed by the company.
These forms are very significant in delivering everything an investor may want from a company by providing pure information that is unblemished by brokerage analysis. The reports would provide essential information such as cash held by the company at hand and the CEO’s compensation package.
13. Main Characteristics of a Partnership
Partnership is formed by the Articles of Partnership and funding is through the capital contributions of partners. Partners may initially contribute property, cash to their own accounts t and service thus acting capital for the partnership (Jennings 686-690). Management duties are either carried out by all partners or delegated to one of the partners. In transfer of control, it is only interest that is transferred but partners’ status is retained. Partners on individual return take profits and losses and taxes are via flow through. Partnership can only be dissolved upon death or withdrawal of partners. In terms of liability, the partners are individually liable both for the acts others and to others for individual acts and if partnership assets are exhausted, every partner is liable. Case Vrabel v Acri addresses partnership liability.
Works Cited
Jennings, Marianne. Business: Its Legal, Ethical, and Global Environment. Mason, OH: South-Western Cengage Learning, 2012. Print.
