Law And Labor

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One of the most hotly debated subjects in labor relations today is that of ‘Right to Work’ laws. It’s time to do some deeper research and take a position on this controversial issue. In a narrative, do the following:

1. What is the history of ‘Right to Work’ laws? Where did they come from? Who proposed them and why? Has their purpose or effect changed since original inception?

2. Accurately summarize both sides of the ‘Right to Work’ debate. What exactly is each side arguing, and what are the defenses to the claims of their opponents?

3. Articulate your own opinion on this issue. Are ‘Right to Work’ laws ethically sound? Are they good for unions? Good for employers? Good for employees? If one or more of these stakeholders are disadvantaged, how? Do the benefits of these laws outweigh the costs? Why or why not?

4. What is your prediction for ‘Right to Work’ laws in America? Currently, the country is divided more or less 50:50 in terms of states with and without such laws. Will they become the new norm? Or will they regress and be repealed in the states that have enacted them? Defend your predictions with sound reasoning.

Organised Crime Issues And Impact

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Organized Crime Issues And Impact

  1. Essay portion (750-1000 words).

“Explain the intentions behind the 1970s US legislation known as “RICO”, how it works and whether it has proved an effective tool in the fight against organised crime”

Short answers (making up, together, 50% of the marks for this assignment overall)

  1. Explain the origins and original intent behind the motorcycle clubs that become known as “outlaw clubs” (5 marks)
  2. Describe and structure of the so-called outlaw motorcycle clubs and contrast them with gangs: which of the two structures is considered better for the purposes of organised crime? Explain with reasons. (15 marks)
  3. From the perspective of organised crime, does an outlaw motorcycle club differ from an American Mafia Family? If so, given 3 examples. (10 marks)
  4. “Hells Angels are the best known of the outlaw motorcycle clubs and the most powerful” – do you agree and does the patchover efforts in 1994 in Illinois at p182 of Abadinsky support of weaken that view? [20 marks]

On the RICO essay, if you have access to Netflix, Operation Varsity Blues is the thing with the RICO use,

https://www.netflix.com/gb/title/81130691

https://www.bostonherald.com/2020/07/01/judge-orders-prosecutors-and-varsity-blues-defendants-lawyers-to-prepare-for-the-possibility-of-a-trial/

https://www.townandcountrymag.com/society/a35696395/varsity-blues-college-admissions-scandal-netflix-documentary/

The relevant chapter in Abadinsky is Chap 13, see pp288-294

For the Motorcycle clubs, the chapter is Chap 9, pages 165-184

Liebeck v McDonalds Hot Coffee Case

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Liebeck v McDonalds Hot Coffee Case

Stella Liebeck, an elderly grandmother, received third-degree burns when she spilled coffee purchased at a McDonald’s drive-through. At trial, experts testified that McDonald’s coffee was too hot to be consumed at the point of purchase, was hotter than any other restaurant’s coffee or coffee brewed at home, and was so hot that third-degree burns would result within three to five seconds of coming into contact with the skin.

McDonald’s also conceded that the coffee was brewed extremely hot for commercial (profit) reasons, because most customers wanted coffee to be hot throughout their commute. After finding the company liable, the jury awarded Mrs. Liebeck two days’ worth of coffee sales at McDonald’s, an amount equivalent to $2.7 million, in punitive damages. The award, although reduced to much less than that, set off a firestorm of criticism that has not died down to this day. Hence, now why your coffee cups say “Caution Hot”.

Liebeck v McDonalds Hot Coffee Case

Do you believe that it’s possible for coffee to be unreasonably dangerous? See one filmmaker’s perspective on this case.

  • What was the tort committed here?
  • Was there duty owed?
  • Do you believe that the jury’s award of $2.7 million for third-degree burns was excessive?
  • Why do you believe that such an award is necessary?
  • Can you identify any standards which have changed in the industry based upon this case?
  • What ethical issues come to mind when you think of this case?

Requirements:

  1. Begin contributing to the discussions no later than midnight of the first Saturday after a lesson opens.
  2. Your original post should be a minimum of 250 words and based on your own unique composition.
  3. Read, evaluate and compose a substantial in-depth response (minimum 150 words) to at least one or more of your peer’s responses in the discussion area. See discussion rubric for grading details.
  4. Include examples in your discussion.
  5. Adhere to APA standards and use APA guidelines to cite references.
  6. Correct grammar, spelling, and punctuation are expected.
  7. Do not copy and paste someone else’s work.

accessing the social media accounts of employees

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accessing the social media accounts of employees

Sally calls and sounds very worried. She indicates that the state of Florida is considering legislation to restrict employers from accessing the social media accounts of employees and prospective employees. You reply, “That’s bad! It’s probably the result of the senator that had his account hacked, and he was doubled-exposed, causing him to lose the election for Governor. It appears he was hacked by “hacktivists” through the Senate’s dedicated Human Resource Web account. Sally says I know that you built the entire HR background check system for new hires and employees on the network you invented.

Yes, you say, and if the state passes legislation to block access for employers, it will trigger a 30% increase in HR costs and trigger potential legal liability for negligent hiring claims because we will have to rely on out-sourced background checks. Our system can check and crosscheck all associate social media applicant accounts, perform facial recognition searches, and search worldwide all deleted files going back 20 years. Sally states, “that’s a little overkill, don’t you think?” You respond, “Yea, but wow! Gee, I thought you would appreciate that considering you graduated from the CIA!”

You can find information about someone through a simple Internet search. Many Internet users neglect the potential negative consequences of their online activities.

This system is the best way to avoid hiring and rehiring employees who don’t fit the employee profile we are looking for to staff our restaurant. Sally responds that she agrees and suggests you research the other State’s Legislation to determine if any current legislation that will prohibit our use. “Boy-oh-boy, some people just don’t understand that no one cares about privacy anymore. If they did, why would so many people expose themselves on the Internet? It’s not like privacy is a constitutional right!”

the United States Constitution

You state, “Sally, I know you’re just kidding. But you are right; it’s not in the United States Constitution. The Constitution does not contain any explicit right to privacy. However, The Bill of Rights expresses the concerns of James Madison, along with other framers of the Constitution for protecting certain aspects of privacy. The issue of whether the Constitution protects the right to privacy in ways not described in the Bill of Rights is a controversial subject. Originalist debate whether there is any general right to privacy within the Constitution. However, as early as 1923, the Supreme Court, recognized through decisions that the liberty given in the 14th Amendment guarantees a relatively broad right to privacy.”

“With every Internet company collecting more information on you than the CIA, (No, Sally, the real one, not your school, The Culinary Institute of America), how can anyone ever expect the right to privacy?” Sally then snapped, “We better look into this right away, as there may be more to this than we think, not only that,” Sally added, “our Table-Ordering and “TablePay” APP’s design necessitates access to customer’s mobile devices so they can take selfies to post all their table fun to our Blog and connect with our system each time customers access the device. Our advertising and marketing systems are on the same platform.

We may not be able to use the facial recognition drive-by, and systems activated when you walk-by a screen and start focused advertising from the street infrastructure system to promote the restaurant. We could end up losing a lot of revenue. You add, “Also remember we are launching your “Streaming Cooking Channel Network (SCCN)” webpage on that very same device. Sally replies, “Oh my, this is serious!”

Part I

YOUR INITIAL POST

Answer the following questions in your initial post:

  1. What is your view of the impact of the Internet on your life?
  2. Should Internet users have a Right to Privacy? If not, does the lack of privacy have any influence on how you use the Internet?
  3. Should employers have access to your complete history on the Internet? How about employment information?
  4. Should the government have unlimited access to everyone’s information on the Internet? How about Big Tech, should they be in charge of your data?
  5. Should businesses, individuals, police, and the government have access to facial recognition capabilities? Or, should it be banned entirely or controlled through due process of the law (warrant- only used where probable cause exists)?
  6. Should Internet companies be permitted to censor information, opinions, pictures, based on company policies and editors’ beliefs? Or, should the companies leave censorship to the users and posters?
  7. Should Internet users have access to an app that allows users to send junk mail bombs back through the Internet to junk mail originators, blasting them with messages to “Stop the Traffic?” Sort of like an Internet protest rally?
  8. Should there be a separate non-commercial Internet for users that do not want the volume of traffic of unsolicited traffic, data collection, or tracking devices following you wherever you go?
  9. Should there be a children’s Internet with full parental values control that restricts Internet use and down traffic access? Or is the “Off Button” enough?
  10. Should Big Tech be protected from violating your constitutional rights?

the United States Constitution

Part 2

  1. Develop a detailed “Pro and Con” chart covering six areas from the legislation list passed by other states and the potential impact the legislation if it existed in Florida. In other words, pick 6 pro’s and con’s from the various states and how they would apply to Sally’s restaurant.
  2. You can use the Canvas Rich Content Editor (Links to an external site.) table function to build your table directly in your discussion post.
  3. Use the Employer Access to Social Media Accounts Overview (DOCX) as your guide.

You must complete your initial posting before you will be able to view your classmate’s postings. After your initial post, reply to two of your peers’ initial posts. You will be graded on your initial responses and replies. View the Discussion Rubric.

You must complete your initial posting before you will be able to view your classmate’s postings. After your initial post, reply to two of your peers’ initial posts. You will be graded on your initial responses and replies. View the Discussion Rubric.

Please have your initial post made by the 4th day of the module. This will give you ample time to complete your replies to two classmates as well as give them time to reply to you.All posts should be supported by citations directly connected to your posts following the current Writing Style Guide.

You will be graded on your initial responses and replies. View the Discussion Rubric. It will help you in creating effective posts. Also, view the Discussion Postings Page for further suggestions on successful discussion postings.

 

Purpose of Mediation & a Mediation Process Introductory Speech

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Introduction to Mediation Assignment

For this assignment, you are an official mediator. Write an “Introduction to Mediation” speech that you would use during the introduction stage of a mediation. This is a script that you, as a mediator, would give in the beginning of a mediation between the disputing parties. Write this assignment in the form of a speech, keeping in mind who your audience is (the parties and possibly their attorneys). Your speech should NOT contain any factual analysis.

Your script should include:

1. A welcome – welcome the participants to the process, identify the parties, and determine how each party prefers to be addressed during the mediation. Include how you would like to be addressed as well.

2. Describe the purpose of mediation and the advantages over other methods of dispute resolution.

3. Describe your role as the mediator. Be sure to explain neutrality, discuss conflicts of interests, and confidentiality.

4. Explain the goal of mediation and explain the steps or stages of the mediation process, ie. parties explain the dispute, identify issues/interests, generate and select solutions).

5. Explain how the mediation will conclude (what will be produced at the end).

6. Explain any ground rules, such as:

  • One person speaks at a time, parties should speak directly to the mediator.
  • If a party disagrees, make a note and wait for your turn to address, do not interrupt the other party.
  • Turn off electronic devices, do not record any part of the mediation.
  • Be respectful.

7. Ask parties if they have questions before you begin.

Your assignment must be at 1-2 pages long, double-spaced, set in 12-point type, and framed with one-inch margins.

Include your name at the top of the first page.

Proofread your paper to eliminate mechanical and grammatical errors.

Contemporary Cars Inc

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Contemporary Cars Inc

write 200 words for part 1 (discussion) and 100 words for part 2 (student reply)

https://quizlet.com/303689322/ch27-employment-immigration-labor-law-flash-cards/this is summary of the chapter part 1 and part 2 about chapter 27

please don’t forget to mention the court decision and the appeal court decision, and say if you think it is fair or no depending on the chapter.

Part One – Please write a paragraph or two on the case you liked or disliked the most in Chapters 27-32 and tell us why. Choose a case that is highlighted in the book (check the screenshots) – one that covers a page or more. (Don’t choose a “Case in Point” or other case that is mentioned in a paragraph of text – even though it might be very interesting.) Also, identify your case by the case name before you start your comments.

In your comment, briefly summarize the facts, then relate them to the legal concepts we are studying. A summary of the facts and your opinion of “fair” or “not fair” is not a legal discussion. Apply the legal concepts you are studying to what happened in the case. Then you may add your opinion to the decision if you like.

Contemporary Cars Inc

Part Two – Next, read another student’s discussion, Write a paragraph after the student’s entry with additional or contrary points regarding that student’s discussion. . (Be respectful!)

A word of caution: In the past, some students have posted on a case and only described the facts and the trial court decision. Don’t forget to summarize the decision of the appellate court case we read.

A second word of caution: In the past, I’ve seen students submit incorrect summaries of a case decision (which is bad – those students lost points). But what was worse is that other students posted on the incorrect summaries – agreeing with the writer! Yikes! Be careful of that. If you think another student has the post wrong, speak up!

 Issue Spotter and in the Supreme Court

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 Issue Spotter and in the Supreme Court

Issue spotters are questions set by the instructor asking for the specific State Law and a full analysis of the issue and questions presented. This will require outside research – for the work cited at the end, you have to put the link that direct to the website where you got the information from, please do include the name of the case (or at least a foot end note) which you will use the information in the work. Issue Spotters must be well written and thought out.

Sally is a repair person for AMC Inc.. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Sally has had the job longer than other employees. Sally applies for a promotion to a supervisory position that requires constant communication with others in the field. AMC Inc. rejects the application on the ground that Sally is hearing impaired and she has requested a sign interpreter as an accommodation.

AMC Inc. acknowledges that Sally is otherwise qualified, but asserts that it “needs someone who does not have a hearing problem.” Sally files a suit against AMC Inc. under the Americans with Disabilities Act (federally) and the Human Rights Commission in WA. What is the issue(s), and what are the relevant considerations on which its resolution depends? Find a case involving a hearing impairment and the ADA or the state law against discrimination and then compare it to the above case.

Corporate Governance Pros and Cons

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Corporate Governance

8.2 – Assignment: Corporate Organization

The Situation

A smiling woman with her arms folded.

You now understand Sally’s ambition, how she thinks, her quest for perfection, and her focused vision for future success. From your perspective, (1) what form of business do you believe is most suited for the immediate formation of the company, and if applicable, (2) do you perceive the need to change the original form you chose in your business plan to another form now or overtime? (3) Why, or why not? You have reviewed all aspects of becoming a legally recognized business. You understand the tax issues, the management structure options, raising operating capital, the various types of insurance coverage required, and the necessity of having the peace of mind in the event of a catastrophic moment.

As a manager-owner, the concept of “piercing the corporate veil” gives you a sinking feeling when confronted with a questionable operating decision. (4) What steps can you take to avoid facing a situation that would cause a court to pierce the corporate veil of your business? You have a lot to debate in deciding the governance form Sally would prefer. (5) Would she prefer an LLC, S-Corp, or C-Corp, and why? (6) Discuss why you believe Sally would prefer one form of a company organization over another.

Corporate Governance Pros and Cons

We know Sally successfully operated her own multimillion-dollar business, with sufficient business expertise without the benefit of a corporate board or shareholders.  she fully funded her business and carries no debt that would impede this new venture. And she has worked well with you as a team in the drive to start this enterprise. Carefully consider what form works best between the two of you in building this empire and why. What about the future? How do all the pieces fit looking forward? What topics must be included in the discussion before any expansion of the business takes place? Explain.

HELPFUL DOCUMENTS

Sally has found several documents to help with picking which type of corporation to form for the business you are building with her. Feel free to use this information. She has shared them here:

YOUR ASSIGNMENT

Create a matrix charting the pro and cons and advantages and disadvantages for the following forms of company organizations:

  • LLC
  • S-Corporation
  • C-Corporation
  1. Cost: what are the comparative costs of setting up?
  2. Ease: what are the relative costs for setting up each?
  3. Termination: what is the state requirement for continuity?
  4. Public Information: how important is it that your personal information is shared or not shared with the public
  5. Risk: what level of liability exists in the operation of the business based on the type of business itself what is the best form to insulate owners from personal liability
  6. Operation: what form best supports the intentions of the owners what is the best control risk balance form of operation
  7. Capitalization: is there a risk of undercapitalization what would be the impact will there be a need to raise capital to avoid increased liability is there a form that makes it easier to raise capital
  8. Selling: if owners wish to sell what form best accommodates that situation
  9. State Taxes: what are the tax liabilities from the state in setting up the business
  10. Expansion: which form provides the greatest flexibility in the event of expansion

Your table should look something like this Example Matrix:

False Advertising

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Discussion #4 (MASTER) – False Advertising?

Go to this website: Link (Links to an external site.) (http://www.mouseprint.org/2016/08/22/lowes-pulls-misleading-tv-ad-after-we-cry-foul/ (Links to an external site.)). Watch the short Lowe’s video commercial. Then scroll down and look at the two Lowe’s print ads, and read what happened with their advertising.

 

Lowe’s Pulls Misleading TV Ad After We Cry Foul – Mouse Print*

Recently, Lowe’s began advertising what appeared to be a great sale on major appliances — 20% off. Here is the …

Create a post to reply to question 1 and 2. Provide insight and analysis on your responses, and explain your rationale.

1. Did you find the Lowe’s advertisements, both the commercial and print ad, misleading? Why or why not? Explain your thoughts and rationale.

2. You are a senior manager at Lowe’s, and need to manage negative public feedback about these commercials and print ads being misleading. What actions would you take? How would this help with managing customer expectations?

 

Use of the Fiduciary Duty in a Company

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Use of the Fiduciary Duty in a Company

Within the Discussion Board area, write 200–250 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.

For this Discussion Board, please complete the following:

This week you will learn about fiduciary duty. Fiduciary duty is the legal obligation of one person or party to act in the best interest of another person or party. A common example of fiduciary duty is when top management of an organization is acting in the best interest of the shareholders who own the organization.

Charles is the CEO of a car company. Charles knows that the car has a defect and should be recalled. If Charles recalls the car the company will go bankrupt. Does Charles have a fiduciary duty to tell the car company’s shareholders? Why or why not?

Responses to Other Students: Respond to at least 2 of your fellow classmates with at least a 50–100-word reply about their Primary Response regarding items you found to be compelling and enlightening. To help you with your discussion, please consider the following question: