Restaurant and Bar Scenario

After reading through the Restaurant and Bar business scenario and reading the questions that were provided for this assignment it was determined that this business entity would be considered a general partnership between Lou, Jose, and Miriam. This being said this partnership is based on Miriam taking most of the financial risk from being the primary financial investor. This type of business also pays quite a bit of taxes due to the nature of products sold. These various taxes are paid in many ways and to different organizations. One of these ways are on the alcohol at time of initial sale to the business. This is unless they manage to become tax exempt. Secondly they must then charge sales tax on purchases by customers not just for food but alcoholic beverages also. With all of these taxations there are other issues there are also many liabilities involved in this business scenario. The liabilities include but are not limited to the risk of improperly prepared foods such as chicken, fish, and beef, with the possibility of cross contamination and salmonella due to uncleanliness. There is also the possibility of alcohol sales to under age customers unless there are rules and practices set in place. The rules must be followed without deviation according to local, state, and federal governments. Then finally there is the responsibility for the well being of customers who might have had to much to drink while in the establishment. The wellbeing of each customer, upon leaving the restaurant, if allowed to drive, as well as the safety of the other patrons in the restaurant is a responsibility of the management of the business. There are also several laws and regulations that must be followed to keep the business out of trouble with both local and federal laws. One law would be the age of the employees. Even though the general age of workers is young as sixteen, most states have laws that do not allow anyone under the age of eighteen to serve beer and wine or anyone under the age of twenty one to serve hard liquor. There is also the federal law that legal drinking age is twenty one, and some states have banned smoking in public establishments. There are also city’s and towns that have what are know as blue laws not allowing alcohol sales on Sunday. Risks include protection of employees and the business from breaking laws such a age of waiters and waitresses serving alcohol, proper licensing for the business both business license saying they can operate and liquor license allowing them to serve alcoholic beverages. There are also FDA regulations and Department of Health licensing. This is conditional to a initial health inspection and periodic inspections while the business is in operation. One of the final decision to make is where to get the employees from and what kind of screening to do on these possible employees, and by what criteria to screen them on. These criteria could be age, education, experience, work history, skills, criminal background, citizenship, and future goals. These questions have risks and rules surrounding what can be ask and used in determining eligibility for employment based on discrimination laws.

Construction Scenario Upon reading through the construction business scenario for Surebuild, Mei-Lin is refereed to as the hiring manager is working for the Surebuild corporation. Mei-Lin as the hiring manager must take control of the applications when processing the applications of potential applicants and deciding which one best qualified and suited for the construction job listed. For Mei-Lin to take control means that she can only accept those applications for applicants that are truly qualified for the construction job and meet the standards and requirements set forth by Surebuild. As a corporation, Surebuild has a department that is responsible for properly deducting the right amount of taxes from employees checks based on there dependent claims and passing them on to the department who then in turn sends the funds on to the local and federal organizations where they are required to be sent. Taxation is also making sure that each employee has an I-9 filled out so that proper taxes are taken out for what each employee claims as dependents, and also social security purposes. Surebuild also faces many liability issues. Mei-Lin as hiring manager has a direct responsibility for these liability issues that exist with every employee hired and the problems they might bring to the company. Michelle is a possible liability issue because she is possibly pregnant. With any pregnant female there is the fact that Mei-Lin will have to find a temporary replacement. If michele is pregnant the replacement will be needed for her maternity leave which also puts the company back in the same predicament as before they hired Michele. There is also the liability risk of possible damages to the unborn baby from the constant vibration generated form the use of jackhammer. Eric has no high school diploma but has experience with a Jackhammer. If he has a GED it would help but this lack of education would disqualify him for the job opportunity. If educational background was ignored there are possibilities that complex tasks or reading to follow directions could be a problem to Eric because of the lack of education. Felipe is also eliminated due to not having an education. Although he does have jackhammer experience, and he might be able to perform the essential job functions. The same liability risks exist with Felipe as with Eric would exist. Felipe also has a language barrier that would cause a potential safety risk to the employees around Felipe and Felipe due to communicate with other employees or read signs that are written in english. Nick although having an education has no previous jackhammer experience. Nick could be taught the job functions of and how to properly operate the jackhammer. Nick also poses a liability risk due to his history of epilepsy or seizure activity. Depending on receiving a doctor’s release saying he was capable of performing all functions of jackhammer work with no aid or special arrangements could make Nick the best qualified person for the job with Surebuild. Laws and regulations of employment are equal employment opportunity (EEO) and Americans with disabilities act (ADA), which are set forth to decrease job discrimination. Surebuild needs to follow safety guidelines set by Occupational Safety and Health Administration (OSHA) and American National Safety Institute (ANSI) to provide a safe work environment for all employees. Both organizations provide specific rules and guidelines for safety within the workplace. If these rules are not followed, Safebuild could be fined.