...Legal, Safety, and Regulatory Requirements HCS/341 February 1, 2014 Legal, Safety, and Regulatory Requirements The course syllabus for Human Resources in Health Care by Brown (2010) makes a debatable statement: "Common sense and compassion in the workplace has been replaced by litigation" (Version One). I disagree with this statement. Common sense and compassion are relative to the supplier. Therefore, federal regulatory agencies have ebeen created to establish and enforce legal, safety and regulatory requirements. In an effort to originate these regulations, the federal government has established the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and the Department of Homeland Security. Legal Regulations Legal regulations about topics such as wage requirements, work hour requirements, and medical or family leave time is enforced by the U.S. Department of Labor. One example of this agency's oversight is the provision of protected break times for breastfeeding mothers. According to "U.S. Department Of Labor" (2014), "The Patient Protection and Affordable Care Act amended section seven of the Fair Labor Standards Act to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has the need to express the milk" (Wage and Hour Division: Break Time for Nursing Mothers). Signed...
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...THE LEGAL REGULATION OF THE EXTERNAL COMPANY AUDITOR IN POST-ENRON SOUTH AFRICA Hannine Drake THESIS PRESENTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS AT THE UNIVERSITY OF STELLENBOSCH Supervisor: Prof A.H. van Wyk March 2009 ii DECLARATION By submitting this thesis electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the owner of the copyright thereof (unless to the extent explicitly otherwise stated) and that I have not previously in its entirety or in part submitted it for obtaining any qualification. Date: 25 February 2009 Copyright © 2009 Stellenbosch University All rights reserved iii ACKNOWLEDGEMENTS In acknowledgement to all who have contributed to this work in some form: writing this thesis would have otherwise been like swimming through mud. To my supervisor, Professor Andreas van Wyk, thank you for your leadership, patience, and academic skill in guiding me through the research process. To Adéle Mulder and Charl Marais, thank you for your continuous insight and perspectives, both academic and otherwise. And finally to Hilda and Gerrie Steyn, who have been absolutely crucial throughout all my years of study, thank you for your indispensable support, in all its forms. iv SUMMARY The worldwide increase of corporate failures on the scale of Enron and WorldCom has sparked a renewed international trend of corporate governance review...
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...Legal, Safety, and Regulatory Requirements HCS 341 July 4, 2011 Legal, Safety, and Regulatory Requirements The phrase ‘common sense and compassion in the work place has been replaced by litigation’ is common in a majority of workplaces. Litigation is defined as carrying on with a legal contest by judicial process (Merriam-Webster, 2011). The phrase indicates that legalities have taken over the process of personally making sound judgments and being personally being aware of others issues. Concentration on workplace safety, legal issues, and other regulations has taken precedence to many aspects of our employment; in some cases, more so than customer satisfaction. The customers’ wishes and treatment in the past was always thought to be the most important thing and something that should never be negotiated. However, government and regulatory agencies have indicated that safety and legal rights of the employer, employee, and customer should be protected and primary concern. The Occupational Safety and Health Administration (OSHA) as well as the Centers for Disease Control (CDC) have set safety and regulatory guidelines which protect the employer from causing damage to property, employees, and customers. These guidelines can be viewed as protecting all parties involved in an organization as the employee is protected from workplace injury or exposure and the customer is protected from injury and exposure while being involved with an organization. The CDC has set guidelines...
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...Gambling: The Refinement of Legal Regulations Political Science 1020E - 002 1938 words In the UK alone, 70% of adult citizens willingly engage in at least one type of gambling per year. While gambling is viewed as immoral by some, it is still also a source of entertainment for others. This hobby that can range from playing poker in Las Vegas to purchasing a three dollar scratch ticket, and whether the stakes are high or low, the government is wise for legalizing it. History has shown that when the state bans a common interest, even if it done with the intention of protecting the public from harm, criminal activity will arise in order to meet the demands of the citizens. The government can avoid these illegal activities by allowing the public access to gambling, and with control of gambling institutions governments can also make a significant revenue. This essay will discuss the economic advantage of government-controlled gambling, and the importance of refining current regulations in order to avoid harm towards those who choose to participate in gambling activities. The act of gambling is an act of free will, and liberty of the individual should be just as important to the government as the safety of its citizens. Since all actions have consequences, the government should claim responsibility for creating a public policy that ensures the least possible harm for the actions of its citizens. In the United States and Canada, 1.6 percent of adults are considered to be pathological...
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...ISOL 633 Legal Regulations, Compliance and Investigation Course Paper Table of Contents Titles Page no 1. Introduction 3 2. Code of Ethics 4 3. Information Security and Framework 5 4. Privacy of Personal Data 6 1....
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...Proposed regulation: Georgia Super Speeder Law 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you. -Office of Highway Safety controls this Georgia Super Speeder regulation. This agency and regulation interests me because as a Georgia resident I have seen the damages that speeding on a Georgia highway can cause. I have had colleagues face bad accidents as a result to speeding and this regulation punishes those drivers that break the new regulation. -This law will directly affect me so much as if I was in violation of the law; I can face an additional $200 in the ticket fee just for being in violation. This fee does not include the actual speeding ticket. 2. Describe the proposal/change -The new law will increase the amount of money that an individual pays along with the speeding ticket fee. The proposal is in place to decrease the number of deaths and accidents from the result of driving above the given speed limit. 3. Write the public comment which you would submit to this proposal. Explain briefly what you wish to accomplish with your comment. -I am in favor of the new super speeder regulation. I believe this law will decrease the amount of ‘speeders’ on Georgia highways. Georgia has a high rate of motor vehicle accidents a day and with a new law that will punish these drivers with higher fines, I believe that more drivers will take caution and actually...
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...Legal, Safety, and Regulatory Requirements Paper Leah Smith HCS/341 March 21, 2011 Norman Greene Legal, Safety, and Regulatory Requirements Paper The human resources department in every organization is responsible for ensuring that the organization follows all legal, safety, and regulatory requirements when dealing with the employees of the organization as well as with the clientele that the organization serves. Throughout the HR processes a main priority is the examination of the employment laws and the effects of how they are used. Divisions that house the employment laws such as the US Department of Labor (USDOL), the Equal Employment Opportunity Commission (EEOC), Department of Homeland Security (DHS), etc. are important divisions that all HR departments must maintain up-to-date information from to ensure that the processes are staying in line with the regulatory requirements such as the Americans for Disability Act of 1990 (ADA). All of these laws, acts, divisions, regulations, and requirements are what led to litigation between employees, clients served, and the organization. These types of litigations bring to mind whether or not common sense and compassion in the workplace has been reduced by this type of litigation. Effects of Legal, Safety, and Regulatory Requirements on HR Processes Laws, acts, and regulations have been placed for organizations to follow throughout history. These laws, referred to as HR laws are the main reason that...
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...Regulation Plan for Alumina Inc. LAW531 21 March 2011 Mr. Majid Safaie Regulation Plan for Alumina Inc. Regulatory risk, by definition, is a risk to which private companies are subject, arising from the possibility of legislation or regulations that will affect business being adopted by a government [ (Unabridged, 2009) ]. To avoid this risk, Alumina Inc, must be proactive in their approach to legal analysis, marketing, public relations, and various other elements of business. Alumina, Inc also needs to be aware of regulatory policies, legal responsibilities, public information requirements and the various policies and procedures that may be applicable to their operation and the possible consequences facing them for failure to comply with government regulations. In cases of noncompliance, guidelines need to be in place for responding to allegations, both publically and to the government. The goal of Alumina, Inc is to avoid these situations and maintain their operation at optimal tempo, avoiding all unnecessary dealings with regulatory agencies, while staying mindful of potential problems. By identifying regulatory risks, Alumina, Inc is able to manage these risks on their own terms and avoid being caught off guard by regulatory changes or minor offenses. Preventive measures fall to the legal department, research and development, and marketing elements. This collaborative and preventive effort will ensure that each department has the knowledge to maintain itself according...
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...The Role and Function of Law Law plays of significant role in the operation of a successful business and society. One of the characteristics of law is that is “creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011, pg. 4). Law also helps businesses resolve disputes that have to do with the rights of the business and citizens (Melvin, 2011, pg. 4). Obtaining an understanding of the legal system can help businesses gain a competitive edge, as well as add value to the business. Many businesses rely on attorneys to help them with their business needs. By obtaining an attorney, or counsel, businesses often reduce the cost of risk and liability and result in business opportunities (Melvin, 2011, Pg. 7). There are many regulations that businesses have to follow, such as environmental regulations (The Clean Air Act, The Clean Water Act, The Safe Drinking Water Act, The Pollution Prevention Act, ect.) (“All Businesses”, 2009). It is evident that some regulations are put in place to protect the environment, while others are put in place to protect citizens or businesses them self. There is also much compliance that businesses must follow, such as minimum wage laws. Each state provides business owners with a different minimum wage amount to help protect employees. An example of the minimum wage being enforced would be businesses in New York paying their employees no less than $7.25 an hour and businesses in Washington paying their...
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...business and society throughout the United States. Laws help regulate business by ensuring good business practice and also stands in place for the protection of the employer and employee rights within the workplace. Documentation and legal representation are key when adhering to the many laws incorporated in business. In order to protect and regulate business and society two types of laws are enforced, State law and federal law. Through intrastate and interstate regulation, state laws and federal laws operate differently in its functions and roles in business. These laws set in place from our constitution both federal and state have given structure to a successful and thriving business market and overall society. What is the difference between state law and federal law and what roles do they play in business and society? State law controls the intrastate regulations of business practice whereas federal laws regulate all business practice Interstate. Intrastate is the regulation of laws within the borders of one specific state and interstate is the regulation of laws between multiple states. When business practice operates within only one state and its business does not cross into multiple states, they operate under intrastate laws and regulations which in most cases are protected by state law. When business practice operates from state to state this would be an interstate approach to business and would be regulated by federal law. “Congress has the express constitutional...
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...L. isic AUL 101 Introduction to Common Law and American Legal System 01/10/2016 Administrative law Administrative agencies and executive departments Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. This kind of law is considered as a branch of public law and they are faced with the decision-making of administartive units of government, such as tribunals, commissions, or boards, that are considered as a part of national regulatory scheme, in areas that include police law, international trade, manufacturing, the enviroment, taxation, broadcasting, immigration, and transport.The expansion of administrative law happend during the 20th century, when many government agencies were created in order to regulate economic, political, and social areas of human interaction. Administrative agencies are created by the federal Constitution, the U.S. Congress, state legislatures, and local lawmaking bodies to managecrises, redress serious social problems, or oversee complex matters of governmental concern beyond the expertise of legislators. Administrative agencies are specialized governmental entities that are in charge of detail managing and gaps filling. Powers and functions given to these agencies are interchangeable, which means that their powers can be executive, legislative, or judicial. The responsability...
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... | |P4 – describe the legal and financial aspects that will affect the start up of the business | | | |M3 - M3 assess the implications of legal and financial aspects that will affect the start up of the business. | | | Task Introduction |You have been preparing a business proposal to show to your bank manager. The final part of your proposal will cover legal | |aspects of your business start up. | Legal aspects: legal status eg sole trader, partnership, limited company, franchise, cooperative; legal liabilities; trading terms and conditions; trading standards; licences; record keeping; resolving problems; national/local laws; regulations and bylaws; health and safety; fire regulations; licensing; liabilities; planning permission, contracts, duties and responsibilities; regulatory bodies; sources of advice Learners should consider exploring a number of legal aspects: • national/local laws • regulations and bylaws • health and safety • fire regulations • licensing • liabilities eg tax and VAT, insurances • planning permission...
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...The four major pieces of legislation collectively known as the Antitrust Laws are the Sherman Act (1890), Clayton Act (1914), Federal Trade Commission Act (1914) and the Cellar-Kefauver Act (1950). The Sherman Act was the first Anti-trust law put in place. It was designed to break up existing monopolies that were already in place. The act stated that it was illegal to contract inhibit trade. It also made it illegal to try and monopolize industries or to have a monopoly of an existing industry. While the intentions were admirable this act was extremely vague and had very little clarity. Both the legal system and businesses were unclear as to what was legal and what was illegal. In an effort to provide more clarity and definition the Clayton Act was passed in 1914. This act was far more defined the Sherman Act and provided more structure and definition regarding legal versus illegal behavior. This Act specifically outlawed the practice of price fixing and the use of tying contracts. The Clayton Act also prohibited a company from buying out a competitor in order to reduce or prevent competition. The last major component of this legislation was the provision that stated that it was illegal for to be “interlocking directorates”. For example the CEO of a company cannot sit on the board of Directors of its competitor. This legislation made this conflict of interest illegal. Also in 1914 the Federal Trade Commission Act was passed. This legislation the government agency known as the Federal...
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...IRS User Fee 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you. The Internal Revenue Service (IRS) controls the User Fees Relating to Enrollment and Preparer Tax Identification Numbers. This regulation is found in the Federal Register. A copy of the regulation is included as a separate .PDF document. As a tax preparer this regulation interests me. This will increase my cost of doing business. 2. Describe the proposal/change. The proposed fee for the Personal Tax Identification Number (PTIN) will increase my costs of doing business. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. My comment is that as a tax preparer in California, I already pay tax preparer fees to the state regulatory agency, California Tax Education Council. This new fee for using a PTIN, which I have used for over ten years, will increase my cost of doing business. This cost may have to be passed on to customers in what is already a tight economy. I wish to be exempt from this new fee. ...
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...MGMT 520- Legal, Political, and Ethical Dimensions of Business Keller Graduate School of Management May 15, 2014 I choose “Federal Employees Health Benefits Program Coverage for Certain Intermittent Employees”. The Office of Personnel Management controls this proposed regulation. I am pursuing my MBA with a concentration in accounting, but my second choice would have been HealthCare management so by choosing this regulation I will have a better understanding of the type of regulations currently in place or being proposed. At this time the regulation proposed does not have a direct impact on myself, nor the business I am in. I have attached a copy of the proposed regulation at then end of this assignment. The Office of Personnel Management is proposing to temporary adjust the Federal Employee Health Benefits Program regulations to make sure employees who work sporadic schedules are eligible to be enrolled in a health benefits under the Federal Employees Health Benefits Program (FEHBP). The Office of Personnel Management intentions on proposing this regulation is to allow agencies such as the Federal Emergency Management Agency also known as FEMA to apply to OPM for “authorization to offer FEHBP coverage to intermittent employees engaged in emergency response functions.” The Office of Personnel Management is proposing to provide health coverage to those who work as temps/part time in emergency response functions. This proposal should...
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