Business Entities, Laws, and Regulations Paper

BUS/415

Professional practice Tara and Akiva have just got their licenses in obstetrics and are looking to open a professional practice. They will be a new company and will have to be a member managed LLC. This will protect them from being liable if there are any accidents in the future. Since their business has to do with medicine, they are going to need particular protection from liability issues that might come up. For example, one consequence of any problems could be a threat to the health of mother and child, and not following correct procedures could cause accidents, and then lawsuits. They have licenses which are based on their knowledge of the legal and illegal practices. They are going to have to train all of their employees to make sure they know the proper practices as to not injure any of their patients. If the business is ethical and morally sound, and also follows all of the medical laws, they will get a lot of mothers as patients.
Restaurant/Bar
Miriam, an investor with a lot of money, but very little time on her hands, will finance a restaurant/bar that Lou and Jose will open. The owners of this company are Lou, Jose, and Miriam. The bar should be run in a limited partnership. According to Cheeseman, H.R. “A partnership has to file an information return with the government, telling the government the amount of income earned or losses incurred by the partnership.” The owners are the ones that have to make sure the law is being correctly enforced in their business. Both consumers and employees will be protected when the following legal functions are ensured: ensuring the peace, protecting moral standards, maintaining the status quo, ensuring orderly change, allowing an area for compromise, and protecting individual freedom. If the operation is ethically and morally correct, according to the law, the operation will get more customers who are hardworking citizens. Since people drink at a bar, there are more legal issues at work than a simple restaurant, as determined by the way that customers behave while they are drinking. The bar is in business to make a profit, so they have to sell alcohol to customers, even if customers appear to be intoxicated. They are liable for any drinks, food, or injuries, if these injuries were a result of their negligence or not. Lou and Jose are liable for what happens to their customers as soon as customers or employees set food on the premises, so they need to be sure that they have taken the precautions necessary to keep their business successful and safe. Before they open the bar/restaurant they will need to hire their employees. To be in compliance with the Civil Rights Act of 1964, they need to provide equal opportunity to their applicants. When they have selected the right employees, Lou and Jose will come up with the regulations that they need to comply with restaurant/bar laws. In addition to normal restaurant/bar laws, laws and regulations about employment must be followed so that the business avoids having to close their doors, any fines, or suits. For example, the business cannot allow things like racial discrimination, sexual harassment, sexual discrimination, or discrimination because of sexual orientation, national origin, or religion. The customers and employees of this business are protected and ensured a more comfortable environment by discouraging and prohibiting this type of behavior.
Construction Scenario Mei-Lin got hired to be the hiring manager of a construction company. She is responsible for hiring the most qualified people for each position in the company. Mei-Lin is not allowed, by law, from discriminating against anybody that is going for any positions, but if she only selects applicants according to the requirements of the job, she will only have two left, Nick and Michelle. The job of jackhammer operator needs the applicant to have a high school diploma. If they don’t have any other requirements for this job it could mean that they want to train that person to do the job the right way. Michelle has an advantage over Nick because she has prior experience operating jackhammers. They both have medical issues which could impair their performance – Michelle could be pregnant, and Nick has epileptic seizures. The job description, though, does not list that medical requirements must be met, so they are still qualified for the position. Eric and Felipe, though, are not qualified for the position. Eric, 55 years old, has jackhammer experience, but he is disqualified because he does not have a high school diploma. Felipe 38 years old does not speak English and does not have a high school diploma, though he has operated a jackhammer in the past. He is disqualified because he does not have a high school diploma. Mei-Lin needs to be sure to tell the applicants that they were not hired because they did not have high school diplomas, or Eric might think that he was discriminated against due to his age, and Felipe might think that he was discriminated against because of his national origin. When the applicant has been chosen, they must be trained and finish their orientation so that they can do efficient and safe work. The company is liable for what happens to their employees while they are on the clock. If they understand how to efficiently do their job, they will save the company money and prevent injuries to themselves or to other workers. Their wages rely on their experience and on the qualifications that the position demands, unless the company says that all employees start at the same wage. A business needs a good understanding of how to strategically plan, create, and execute these plans for them to be successful. This understanding requires that companies take control, know their taxation, and liability concerns. Businesses and the construction company need to be sure that they obey laws and regulations. They must know how to protect themselves from the risks they can identify.

References

Cheeseman, H. R. (2010). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues. Retrieved April 30, 2012. (6th ed.) Pearson Prentice Hall.