...Addressing International Legal and Ethical Issues LAW421 June 25, 2012 Kurt Lofland Addressing International Legal and Ethical Issues The simulation of addressing international legal and ethical issues showed me there are many tough choices a business has to make. International law is very different than every day United States law. There are legal disputes that need to be resolved in the best way possible so you can still keep relations with the country you are doing business with. The issues involved with resolving legal disputes are making sure not to violate the contract. If the business violates the contract then the business can be sued by their partner in the foreign country. In my simulation with CadMax, I decided to use arbitration (Melvin, 2011 pg. 637) to resolve conflicts. This worked out very well in the simulation and made my business work well with my partner. Another option a business could use to resolve a conflict would be international mediation (Melvin, 2011 pg. 639). If mediation or arbitration does not work to solve the issue and the contract is breached then legal action may be needed. If legal action is needed the business can go to the International Court of Justice (Melvin 2011, pg. 635). The International Courts of Justice is used to settle legal disputes among countries. When taking legal action against a business partner based in another country, the business would most likely be unable to work with them in the future. This could also void...
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...Ethical Issues in Management This paper analyzes the ethical and legal issues encountered by management in organizations daily. The relationship between social issues and the ethical requirements of management as it relates to family and personal issues is also discussed. Family and personal issues affect lives of working adults each day. Ethical dilemmas occur in the workplace when dealing with family and personal issues. One of these examples is discussed during the progression of this paper. Management faces legal aspects during the decision-making process of these dilemmas as to how they should be governed. Personal issues include personal time off work, employee illness, family illness, unexpected events, and childcare, just to name a few. A legal, fair, and ethical approach to these matters is how these issues are handled. If these matters are not handled with caution and within the legal limitations, law suits are filed and companies face serious legal challenges. The Equal Employment Opportunity Commission (EEOC) is the legal voice for those individuals whom believe they have been discriminated. Laws were designed to protect employees from discrimination and to protect the jobs of employees who need to take time off work to take care of ill family members. The Family Medical Leave Act (FMLA) is designed to grant eligible employees up to 12 weeks of time off work during any 12-month period. As with anything, there are individuals who try to take advantage...
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...Legal issues and obstacles Kroger operates over 3,000 stores and 38 warehouse or manufacturing plants in the US. Safety is always a issues when having employees who deal with pulling pallets, working high loaders, forklifts and just working in the warehouse. Kroger could face legal issues from the Occupational Safety and Health Administration or (OSHA). The Occupational Safety and Health Act of 1970 help insure employers have standards and programs in place to provide safe and healthful workplaces for their employees. (Safety And Health Standards: Occupational Safety And Health, 2009). Kroger like many other union organizations can run into legal issues with the Civil rights act of 1964, which makes illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex According to "Employment Discrimination/eeoc" (2011),(para. 3). Since job compensation is contracted between unions promotion discrimination will always be an issue with union organization. “Kroger has many issues when it comes to employee discrimination, from race issues to gender issues Kroger has problem with discrimination” (Brain Biles, personal communication, June 27, 2012). State Laws Since Kroger conducts business in 32 states, Kroger could be breaking laws in all 32 states at any given time. In the state of Kansas Kroger could break law concerning safety in their stores and warehouses. Kansas Department of Labor (KDOL) protects local employees in the work...
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...The problem which Lindsey is facing is what is typically labeled as third party sexual harassment and there are very clear cut moral and legal guidelines on the issue. Sexual harassment is by definition " a type of employment discrimination consisting of unwanted sexual advances , sexual conduct or other verbal or physical actions of sexual nature , usually at the work place". When the harassment is perpetrated not by any direct employee of the organization but rather by individuals outside the organization but at work place, this is labeled as third party sexual harassment. This sexual harassment can be of many types: 1.Direct sexual conduct by employer or third party 2.Quid pro quo sexual harassment where the result of any work is based on satisfying the sexual demand. 3.Hostile work environment where an employee is subjected to severe pervasive verbal or physical sexual behavior or lastly 4.Stereortypes where people fail to follow typical male or female stereotypes. .The stake holder in this situation are the company, Intelligent software systems,Inc.,the sales manager , Lindsey the sales rep. and Kenny , the CEO of Second’s people Bank. The sexual harassment in this case is of a serious nature and is Quid pro quo sexual harassment. Quid Pro Quo sexual harassment is derived from Latin meaning "something for something" and is a form of harassment wherein sexual conduct influences basis of decision regarding employment or sales deals etc. Equal Opportunity Commission has...
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...Legal and Ethical Issues Relating to Business Information Introduction I this task I’m going to explain the legal and ethical issues in relation to the use of businesses information and also I’m going to explain operational issues as well in the last park of the task i going to analyse the legal ethical and operational issues using appropriate examples . Most people do not feel safe in putting or giving their personal details on different social networks like Facebook and Twitter and another organization who uses the personal detail from the people or customers , the reason being of many hackers invading other people's privacy this also can happen with many businesses as well such as Tesco ,Asda e.g. if they do not have a security system to keep them safe . Legal Issues These are various items of legislation to protect the use of business information. Data Protection Act 1998 is one of the legal issue business information. Many businesses store use information about people. The Data Protection Act protects information held about people from being misused. The information stored by businesses on databases must be: ✓ Obtained fairly and lawfully ✓ Used only for the purposes stated during collection ✓ Adequate, relevant and not excessive in relation to the intended use ✓ Accurate and up to date ✓ Not kept for longer than necessary ✓ Processed in line with your rights ✓ Subject to procedures to prevent unlawful processing, accidental loss, destruction...
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...Ethical and Legal Issues of a Merger Human Resource Management & Talent Development Ethical and Legal Issues Corporate mergers are pursued because there is a belief that if both independent companies are combined as one, the resulting company will grow more rapidly and will be stronger competitively. Management teams from both sides of these companies will no doubt encounter ethical and legal challenges prior to the merger, during the merger, and after the merger has been completed. HR acts as a moral compass for these companies, and issues that must be faced raise questions about fairness, equality, integrity, honesty, accountability, and consequences of behavior. As HR Director of the acquiring company, it is my responsibility to aid all employees in adhering to the code of ethics that has been implemented into our organizational mission statement. Furthermore, it is my job to create a safe and ethical environment in which every employee can enjoy his or her incontrovertible rights, which include the ability to access information about his or her job and the freedom to be able to do their job without any duress. HR can be a conflicting job for those of us in management, as we are called upon to walk a very narrow line between what is legally and morally best for the employee and financially advantageous to the company (Moore, 2014). However, the alternative of facing civil and criminal penalties that would incur due to law breaking, or even the implication of law...
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...Business communication -Jac Richardson In this report I will be explaining the legal and ethical issues relating to the use of business information. Legal Issue | Impact on the business | Data Protection Act (1988)The Data Protection Act controls how your personal information is used by organisations, businesses or the government. Everyone who is responsible for using data has to follow strict rules called “data protection principles “ There is stronger legal protection for more sensitive information, such as:Ethnic backgroundPolitical opinionsReligious beliefsHealth records | Businesses must make sure the information is:Obtained and used fairly and lawfullyUsed only for the purposes stated when it was collectedKept for no longer than is absolutely necessaryKept safe and secureNot transferred outside the UK without adequate protection such as passwordsIt is also illegal for businesses to send out information not requested so businesses will often ask customers if they want to receive future additional information.This applies to businesses such as Tesco and Amazon both regardless of whether the information is written or electronic.Any organisation that needs to store personal information must apply to register with the Information Commissioner and must declare what information will be stored and how it will be used in advance. | Computer Misuse Act (1990)The Computer Misuse Act (1990)There were no laws to deal with computer misuse before 1990 The Act is often labelled...
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...Describing Scenarios in a Legal Setting: Assignment 1 Berlinda Brown Professor: Moses Cowan, Esq Legal 500 – Law, Ethics, and Corporate Governance 22 April 2012 The following assignment tasks us with describing four different scenarios in a legal business setting. The first requires a description of the steps necessary to address issues involving an employee’s skills, competence, and abilities. Next we will steps to address management behavior and performance, while the third step asks that we how labor laws should be deal with under a specific scenario. The final and fourth description involves enforcing policies and procedures. We will begin with the scenario involving employee skills, competence, and abilities and give all other descriptions respectively. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: In accessing the scenario, there are two perspectives from which this scenario may be viewed, the business and legal aspects. The business aspect lends one to hear what the employer has stated, review all of the training that has been given and evaluate the outcome of the training in relation to the individual’s skills, competence and abilities. The business setting may allow that we may review the persons actual qualifications in which we may find there is an alternative to the training given, meaning we may find the technique we have...
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...Legal, Safety, and Regulatory Issues of Human Resources Tara Moreno HCS/341 August 24, 2015 Angela Thomas Human resources are greatly impacted by the legal, safety, and regulatory issues that pertain to their company’s employees. The statement, “common sense and compassion has been replaced with litigation”, implies that companies today have become so engrossed with avoiding legal liabilities and lawsuits by employees that a cold management style becomes the result. Human resource managers must be well informed of regulations and laws in place that protect employee and employer rights and enforce employer responsibilities as they pertain to legal, safety, and regulatory issues in the workplace. There are many legal issues that companies must adhere to that are enforced by the Department of Labor. These laws are set in place to protect both the employee and the employer and to ensure fairness and ethical behaviors within the workplace. Some of the legal aspects of human resources that are governed by the Department of Labor include, but are not limited to; wages and hours, workplace safety, and the Family and Medical Leave Act (FMLA) ("U.s. Department Of Labor", n.d.). Employers are required to pay minimum wage to non-exempt employees for regular hours worked and time and a half pay when overtime hours are worked. The standards for wage and overtime pay are set forth by the Fair Labor Standards Act (FLSA), while the Wage and Hour Division enforces these standards. Additionally...
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...Addressing International Legal and Ethical Issues LAW/421 December 18, 2013 Addressing International Legal and Ethical Issues International legal and ethical issues are extremely important to know how to deal with when you are going to join into or do business in any other country other than the U.S. In this stimulation of CadMex Pharma and Gentura, they are facing several international contracts, transactions, ethical issues and sublicensing agreements. CadMes Pharma is a pharmaceutical company in the U.S. who offer quick manufacturing techniques and has dealt with global issues often. Gentra is a biotech company in the country of Canodre which have the licensing rights to a hypothetical anti diabetic drug. CadMex Pharma’s goal is to grow financially by being able to distribute and supply this medicine for Gentra in the U.S. All countries have their own set of laws and ethics that are required to be followed, unless you have a contract in place with the company or country that you are involved in business. * What are the issues involved in resolving legal disputes in international transactions? Making a choice on which way to handle these transactions are vital, when dealing with international disputes. One choice is the Contracts for International Sale of Goods. This is not very effective because Canodre changed status and became part of the WTO. When one of the parties is not a signatory of this program, then the other party is more likely to use their...
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...Identify legal issues and obstacles that this organization could encounter. Determine which federal, state, or local laws could be broken because of these legal issues and why. Provide recommendations to minimize possible litigation. What are the organization’s benefits of joining a union? What is the unionization process? How does a union bargain? What effects does union bargaining have on the organization? Ford Motor Company Background The Ford Motor Company was founded in 1903 by Henry Ford. The Ford Motor Company established itself as being one of the biggest automotive makers in the world. Ford is well-known for making cars and trucks. Ford is also in the business of financing vehicles. Ford has about 78 plants worldwide, Ford employs about 166,000 around the country and 41,000 United Auto Workers (UAW) within the United States. “Ford announced a new four-year labor contract with the United Automobile Workers union in October 2011. The company agreed to add 12,000 jobs and invest $6.2 billion in its United States plants. The numbers included 6,250 jobs and $2.4 billion in investment that it had previously announced” (New York Times, 2011). Legal Issues and Obstacles Ford Could Encounter The current recession has forced many workers and unions to take reductions to avoid Ford and other companies from outsourcing their production. In signing a new contract with the UAW to hire the 12,000 new jobs within the United States, Ford may find themselves in a possible legal issue...
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...Addressing International Legal and Ethical Issues There are many reasons that an American company would want to do business with a company outside of the U.S., including the cost of labor and the availability of materials. The downside of doing business outside of the U.S. is that there may not be a thorough understanding of expectations that both parties have of the other. International law is very broad and must also take into consideration any religious and diplomatic factors. Resolving legal disputes in international transactions can be challenging because even though international courts have been established, the jurisdiction of these courts can be difficult to define. Each country has their own legal systems in place, and this will also be considered in resolving disputes. Some of the practical considerations that need to be thought through when taking legal action against a foreign business partner based in another country include understanding any treaties that are in place, as well as the international organizations that could apply, such as the World Trade Organization, The International Monetary Fund, and the Organization for Economic Cooperation and Development. An understanding of local laws and customs is necessary. It is important to consider putting arbitration agreements in place beforehand. Factors that could work against CadMex and their decision to grant sublicensing agreements would include the possibility that if a dispute arises, the country...
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...different legal systems in the world on hospitality foodservice and hotel management. Reflection: Find a current issue and write a one-page summary with your comments. http://www.hospitalitymagazine.com.au/management/5-key-legal-issues-that-affect-the-hospitality-ind Summary: This article is written by Katherine Hawes and is discussing the 5 key legal issues that affect the hospitality industry. In fact, the hospitality foodservice and hotel management industry deals with high pressure; management, service, food preparation, inventory control and so on. Therefore, it has to deal with different legal issues that affect the industry. The first legal issue described in this article is the liquor licence. A liquor licence is the authorization of consumption or sale of liquor. Before a hotel or restaurant can start serving alcohol, it should make sure to be awarded this licence before the opening. If it is taking over an existing licensed establishment, an assignment of this licence to the new owner should be approved. Once the hotel or restaurant have its liquor licence, it is responsible for every client and must ensure that their staff that serve liquor is trained in Responsible Service of Alcohol (RSA) to comply with the General Code of Practice for Liquor. The second legal issue is Music; A licence fee (for the copyright in the song, and the copyright in the recording music video of the song) is required in order for a hotel or restaurant to play music in their places. The third...
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...since of purpose and today no more than 65% of all federal trust fund spending’s goes to general purpose roads. Like any policy in reference to federalism, there are the pros as well as the cons to any situation. The minimum age of drinking, the safety of the way these roads operate and the speed limits are all considered when discussing the Federal Highway Policy as well as the many issues that takes place in reference to the three issues listed. As we are all familiar, the legal drinking age of alcohol consumption is 21. There are many issues to the legal drinking age and why some agree that is should be lowered. Back in the 1970’s, a trend toward lowering the minimum legal drinking age 18, 19, or 20 took place in the states providing many natural experiments (Wagenarr & Toomey, 2005). As a result of lowering the legal drinking age traffic crashes increased significantly and the citizens encouraged to raise the drinking age back to the age of 21( Wagenarr & Toomey,2005). I have witnessed many traffic crashes due to many young adults under the influence of alcohol. I feel that the legal age should stay at 21 and it should not be argued in no way shape or form since it makes it dangerous on the road for anyone...
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...Legal Scenarios LAW531 Legal Scenario 1 In this scenario, Pat relocated to Vermont to become a property manager for NewCorp. After working for three months, he was advised that he would be let go with severance pay for 30 days. Pat was never notified of any problem, and the supervisor told him only "that things were not working out". When he was hired, Pat received NewCorp's personnel manual, which outlined the company's process for handling unsatisfactory employees. He also signed a document at that time which stated NewCorp "observed employment at will with respect to discharge". The manual stated that notification of deficiency, and a corrective action plan would be put in place for the employee whose job performance was unsatisfactory. This was so the employee would have a chance to improve his work performance to his employer's satisfaction. Then, only if the employee did not correct his deficiency within a specific time frame would his employment be terminated. Pat has the right, according to the manual, to notification of unsatisfactory work performance, as well as a corrective action plan to rectify same. NewCorp's decision to discharge Pat with no indication of unsatisfactory job performance, nor a corrective action plan in place can be considered wrongful discharge. “Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired” (Doyle 1996, pg.1). Pat...
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