Free Essay


In: Business and Management

Submitted By aubreemahan
Words 1148
Pages 5
Chapter 28

Employee vs. Independent Contractor

Employee – If the employer exercises a considerable amount over the details of the work, you have an employee status. If the work is usually done under the employer’s direction, you have an employee status. The employer supplies the tools. If the person is employed for a long period of time, you have a employee status. If the method is by time period, you have an employee status. An employee may not require as much skill as an independent contractor.

* Employer exercise a considerable amount over the details of the work * Work is done under employer’s direction * Employer supplies the tools * Worker is employed for a long period of time * Method of payment is by time period * Employee may not require as much skill as an independent contractor *
Independent Contractor – The worker is engaged in an occupation or business distinct from that of the employer. If the work is done by a specialist without supervision, you have an independent contractor status. If the worker is employed for a short period of time, you have an independent contractor status. If the payment is made at the completion of the job, you have an independent contractor status. An independent contractor may require more skill than an employee.

* Worker is engaged in an occupation or business distinct form that of the employer * Work is done by a specialist without supervision * Worker is employed for a short period of time * Payments are made at the completion of the job * An independent contractor may require more skill than an employee

Express Authority vs. Implied Authority vs. Apparent Authority

Express authority is authority declared in clear, direct and define terms. Express authority can be given orally or in writing.

Implied authority is the authority an agent has to do what is reasonably necessary to carry out express authority and accomplish the objectives of the agency. Authority can also be implied by custom or inferred from the position the agent occupies.

Apparent authority is when the principal, by either word or action, causes a third party reasonably to believe that the agent has authority to act, even though the agent has no express or implied authority.

Course & Scope of Employment

Chapter 29

Advantage & Disadvantages of a Sole Proprietorship

A major advantage of the sole proprietorship is that the proprietor owns the entire business and has a right to receive all of the profits. In addition, it is often easier and less costly, a few legal formalities are involved. One does not need to file any documents with the government to start a sole proprietorship. It is more flexible and you are free to make any decision you want to. A sole proprietorship pays only personal income taxes on the business’s profits. Sole proprietors are also allowed to establish certain retirement accounts that are tax-exempt until funds are withdrawn.
The major disadvantage of the sole proprietorship is that the proprietor alone bears the burden of any losses or liabilities incurred by the business enterprise. The sole proprietor has unlimited liability. The sole proprietorship also has the disadvantage of lacking continuity on the death of the proprietor. Another disadvantage is that the proprietor’s opportunity to raise capital is limited to personal funds and the funds of those who are willing to make loans.

3 Types of Franchises discussed in class/text

Distributorship- A distributorship arises when a manufacturing concern (franchisor) licenses a dealer (franchisee) to sell its product. Often, a distributor covers an exclusive territory.

Chain-Style Business Operation – In a chain-style business operation, a franchise operates under a franchisor’s trade name an,,,,,≤ d is identified as a member of a select b group of dealers that engage in the franchisor’s business.

Manufacturing or processing-plant arrangement – In a manufacturing or processing plant arrangement, the franchisor transmits to the franchise the essential ingredients or formula to make a particular product. The franchise then markets the product either at wholesale or at retail in accordance with the franchisor’s standards.

Chapter 30

3 elements of a partnership

1. A sharing of profits and losses. 2. A joint ownership of the business. 3. An equal right to be involved in the management of the business.

Advantages & Disadvantages of a Partnership

Joint and Several liability – what is it?

Joint and several liability mean that a third party has the option of suing all of the partners together (jointly) or one or more of the partners separately (severally).

Chapter 31

Advantages & Disadvantages of the LLC

Advantages- A key advantage of the LLC is that the members are not personally liable for debt or obligations of the entity: their risk of loss is limited to the amount of their investment. An LLC is flexible in regard to both taxation and management. The entity will exist beyond the illness or death of its members. An LLC can also include foreign investors.

Disadvantages- The main disadvantage of the LLC is that state LLC statues are not uniform. Therefore, businesses that operate in more than one state may not receive consistent treatment. Generally, though, most states will apply to a foreign LLC the law of the state where the LLC was formed.

2 options for management of a LLC

The members may decide in their operation agreement to be either “member-managed” LLC or a “manager-managed” LLC. Most LLC statutes and the ULCCA provide that unless the articles of organization LLC specify otherwise, an LLC is assumed to be a member managed. In a member-managed LLC, all of the members participate in management, and decisions are made by majority vote. In a manger-managed LLC, the members designate a group of persons to mange the firm. The management group may consist of only members, both members and nonmembers, or only nonmembers. Managers in a manager-managed LLC owe fiduciary duties to the LLC and its members, including the duty of loyalty and the duty of care, just as corporate directors and officers owe fiduciary duties to the corporation and its shareholders.

Chapter 40

What is employment at will?

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise.

Chapter 41

Disparate-treatment vs. disparate-impact

Disparate-treatment discrimination is a form of employment discrimination that results when an employer intentionally discriminates against employees who are members of a protected class.

Disparate-impact discrimination is a form of employment discrimination that results from certain employer practices or procedures that, although not discriminatory on their face, have a discriminatory effect.

Defenses to employment discrimination

Several federal statutes prohibit employment discrimination against members of a protected class. The most important stature is Title VII of the civil rights act of 1964. Title VII prohibits discrimination on the basis of race, color, religion, national origin, or gender at any stage of employment.

Similar Documents

Premium Essay


...Order Code RS22814 February 21, 2008 FDA Fast Track and Priority Review Programs Susan Thaul Specialist in Drug Safety and Effectiveness Domestic Social Policy Division Summary By statutory requirements and by regulation, guidance, and practice, the Food and Drug Administration (FDA) works with several overlapping yet distinct programs to get to market quickly new drug and biological products that address unmet needs. FDA most frequently uses three mechanisms for that purpose: Accelerated Approval, Fast Track, and Priority Review. The first two affect the development process before a sponsor submits a marketing application. Accelerated Approval allows surrogate endpoints in trials to demonstrate effectiveness and is relevant in fewer situations than the others. The Fast Track program encourages a sponsor to consult with FDA while developing a product. Unlike the others, Priority Review involves no discussions of study design or procedure; it relates only to an application’s place in the review queue. Analysis of total approval time for approved applications under the Fast Track and Priority Review programs shows that for seven of the past nine years, Fast Track products have shorter median approval times than do all those applications assigned to Priority Review. It takes an average of 15 years from the moment a manufacturer first approaches the Food and Drug Administration (FDA) with an idea for a new drug to its final approval for marketing.1......

Words: 2951 - Pages: 12

Premium Essay


...Understanding your company review process Your company determines the review process to use to meet its business goals. A review process can be anything from an annual performance appraisal to an all-encompassing performance management policy that includes development, compensation, and succession plans. No matter what process your company uses, all review processes have a lifecycle. A lifecycle is the sum of all the phases that make up your company’s review process from start to finish. Typically, one phase flows into another until the process is complete. For example, a general lifecycle might include four main phases that flow as follows: ◾1 : The initial Planning Phase at the beginning of the fiscal year that allows a manager and employee to determine what content to include in the performance appraisal form. ◾2 : Followed in a few months by a Progress Check Phase where the manager and the employee meet to touch-base on their progress to date. ◾3 : Followed in another few months by the Assessment Phase, in which the manager and employee use the appraisal form to evaluate the employee based on the exhibited accomplishments of the year. ◾ 4 : Followed by the final Analysis Phase, in which the manager determines the reward and compensation based on data gathered during the Assessment Phase. How SuccessFactors fits into your company review process SuccessFactors is designed to work with your company's review process, with the review process......

Words: 413 - Pages: 2

Premium Essay


...or approach they used could have been improved upon. You may also find such comments in sections entitled ’Future research’. You can quickly identify empirical studies by scanning the contents of papers to see if they have sections on ‘research methods’, ‘research design’ or ‘findings’. Empirical papers frequently also have a section dealing with ‘the literature’ or called ‘literature survey’ in which the author(s) discuss existing published treatments of the subject they are writing about. In the process, many authors take the opportunity to highlight the deficiencies of the existing treatments. Some publications consist of reviews or comparisons of other papers. These typically include the words ‘Meta-survey’, ‘Meta-review’ or ‘Meta-analysis’ in their title or abstract, and frequently include critical assessments of the papers they review or survey. Finally, some papers helpfully include the word ‘critique’ in their title. Illustrative Examples of critical comments The extracts shown below were taken from a mixture of student assignments and published papers. This is not an exhaustive list, merely a sample of the many different ways one can go about critically assessing published work. You should also note that the examples were not selected for the quality of their written English. I am not recommending or endorsing any particular writing style or format by quoting these examples. I would like you simply to focus on the various methods of constructing......

Words: 2425 - Pages: 10

Free Essay


...Review on the hunger games It's a true shot to the heart! “The Hunger Games,” the highly anticipated movie based on the best-selling teen novel, is as tough-spirited as fans would hope for — and exciting and thought-provoking in a way few adventure dramas ever are. It’s also a far more serious movie than the marketing, and mainstream mania, have led us to believe. It’s better and scarier than its source book, and aims an angry eye at our bloodthirsty, watch-anything-and-cheer culture.And there’s also pro-rebellion, anti-1% sentiment coursing through its blood. While the dark allegory within Suzanne Collins’ 2008 publishing phenomenon remains intact, it’s anchored by a remarkable performance from  Lawrence, as everyone now knows, plays Katniss Everdeen, a 16-year-old in a future North America reconfigured after war and eco-disaster into “Panem.” A dozen impoverished “districts,” controlled by the amoral Capitol, make up the ex-U.S. Katniss’ family lives in District 12, formerly Appalachia. She and her friend Gale (Liam Hemsworth) hunt for squirrels to survive — her preferred weapon is a bow and arrow — while hoping not to hear their names called in the Hunger Games, in which a young girl and boy from each district are picked by lottery for an annual, televised death match — killing each other for the amusement of the wealthy and powerful.The Games are a way of punishing constituents for a nearly century-old uprising, though haunting propaganda films paint them as......

Words: 404 - Pages: 2

Free Essay


...FILM REVIEW 'THE YOUNG VICTORIA' «THE YOUNG VICTORIA» is a historical drama about the first few years of the Queen Victoria’s long reign in England during the 1800s, including her relationship with the object of her affection, her husband Prince Albert of Germany. The film is exciting. If you like this sort of film- you will not be sorry you saw it. Director Jean-Marc Vallee won several awards for his last film C.R.A.Z.Y., but The Young Victoria is probably enough to get him into the mainstream. His work with cinematographer Hagen Bogdanski (who worked on The Lives Of Others) is very good. There are a number of excellent performances: Jim Broadbent as the jovial and jaded King William; Jeanette Hain as the Baroness Lehzen, Victoria's former governess and confidante; Paul Bettany as Victoria's first Prime Minister, Lord Melbourne, and Michael Maloney as his successor Sir John Peel are also very good. Despite her youth, Victoria (Emily Blunt) has become increasingly aware of the critical position she holds. As the only legitimate offspring to be produced from three aging brothers entitled to the British throne, she stands next in line to wear the crown. Nor is she blind to the ambitious intentions of the people around her especially her mother, The Duchess of Kent (Miranda Richardson), and her advisor Sir John Conroy (Mark Strong). With the present monarch’s health failing, the Duchess and her right-hand-man are putting pressure on the......

Words: 521 - Pages: 3

Free Essay


...Review Of the Movie “The Help” “The Help”, it is a movie based on the book which contain testimonials on the experiences of African-American maids. I remembered I read the book before I watched the movie. The thing I know about the book, it was written and published by a white woman and it was told by the black women who were maids in the 1960s. It gave me some assumptions to go with. Before I start, everything that I will bring up are tightly about the movie and the book. It is like a little summary however the reviews I read are really good concerning the movie and the book. The movie was produced in a small town Jackson, Mississippi. Racial tension was so high at that time. The Black women worked not only as maids in that town, but they practically raised white people’s children too. So far, they were seen as “HELP” and were treated inappropriately and poorly. Skeeter, is a young woman who were living in that town. She gets the idea to write a story about these women who were maids, because of her good experience with the black woman who raised her and took really good care of her when her mother was not around. I really liked and enjoyed this movie. It got my attention and made me cry couple of times while watching some parts. What was so interesting and good about this movie? At the beginning of the movie, the acting was excellent. Viola Davis who played a maid named (Aibileen), she is an amazing woman who was one of the central characters in the......

Words: 922 - Pages: 4

Premium Essay


...Chapter 1 Auditing and Internal Control Review Questions 1. What is the purpose of an IT audit? Response: The purpose of an IT audit is to provide an independent assessment of some technology- or systems-related object, such as proper IT implementation, or controls over computer resources. Because most modern accounting information systems use IT, IT plays a significant role in a financial (external audit), where the purpose is to determine the fairness and accuracy of the financial statements. 2. Discuss the concept of independence within the context of a financial audit. How is independence different for internal auditors? Response: The auditor cannot be an advocate of the client, but must independently attest to whether GAAP and other appropriate guidelines have been adequately met. Independence for internal auditors is different because they are employed by the organization, and cannot be as independent as the external auditor. Thus internal auditors must use professional judgment and independent minds in performing IA activities. 3. What are the conceptual phases of an audit? How do they differ between general auditing and IT auditing? Response: The three conceptual phases of auditing are: i. Audit planning, ii. Tests of internal controls, and iii. ......

Words: 8859 - Pages: 36

Premium Essay


...BOOK REVIEWS 327 Pinker, S. (1997). How the Mind Works, New York: Norton. Turing, A. (1950). ‘Computing Machinery and Intelligence’, Mind 59, pp. 433–460. Turing, A. (1936). ‘On computable numbers’, Proc. Lond. Math. Soc. 2nd Series, 42, pp. 230–265. YORICK WILKS Department of Computer Science University of Sheffield Sheffield, S11 4DP, UK E-mail: John von Neumann, The Computer and the Brain, 2nd edition, Mrs. Hepsa Ely Silliman Memorial Lectures, New Haven: Yale University Press, 2000, xxviii + 82 pp., $9.95 (paper), ISBN 0-300-084373-0. When John von Neumann turned his interest to computers, he was one of the leading mathematicians of his time. In the 1940s, he helped design two of the first stored-program digital electronic computers. He authored reports explaining the functional organization of modern computers for the first time, thereby influencing their construction worldwide (von Neumann, 1945; Burks et al., 1946). In the first of these reports, von Neumann described the computer as analogous to a brain, with an input “organ” (analogous to sensory neurons), a memory, an arithmetical and a logical “organ” (analogous to associative neurons), and an output “organ” (analogous to motor neurons). His experience with computers convinced him that brains and computers, both having to do with the processing of information, should be studied by a new discipline–automata theory. In fact, according to von Neumann, automata theory would cover not only......

Words: 2871 - Pages: 12

Premium Essay


...Final Review Who should be involved in the new service development process? What are service improvements What is the first step of service development process? * Business Strategy Development or Review: reviewing the organization’s mission or vision. New strategy must fit in the larger strategic mission. What is a business analysis: * An estimate of its economic feasibility and potential profit implication. Including demand analysis, revenue projections, cost analyses and operational feasibility are assessed here What is concept development and evaluation: * To product a description of the service that represents its specific characteristics and then determine initial customer and employee response to the concept What is market testing: * A tangible product might be test marketed in a limited number of trading areas to determine marketplace acceptance of the product as well as other marketing mix variables such as promotion, pricing, and distributing systems What is post introduction evaluation: * The information gathered during commercialization of the service can be reviewed and changes made to the delivery process, staffing, or marketing mix variables on the basis of actual market response to the offering. * Formalizing the review process to make those changes that enhance service quality from the customer’s point of view is critical What is a service blueprint: * A picture or map that portrays the customer experience and the service......

Words: 1254 - Pages: 6

Free Essay


... Source Finley, E. P., Pugh, M. J., Pugh, M. J., & Peterson, A. (January 01, 2010). Patterns and Perceptions of Intimate Partner Violence Committed by Returning Veterans with Post-Traumatic Stress Disorder. Journal of Family Violence, 25, 8, 737-743. Introduction The following critical review will be evaluating the article Patterns and Perceptions of Intimate Partner Violence Committed by Returning Veterans with Post-Traumatic Stress Disorder” by Erin P. Finley in the Journal of Family Violence. The following will include a summary of the article and identify the articles purpose. Following a review of three case studies the articles authority, accuracy, currency, relevance, objectivity and stability will also be examined. Patterns and Perceptions of Intimate Partner Violence Committed by Returning Veterans with Post-Traumatic Stress Disorder identify a subject that is becoming more relevant in society. According to the article in the Journal of Family Violence (2010) 25:737-743, intimate partner violence is more prevalent among returning Veterans than in the general population addressing the patterns and perceptions. Over all this article was well written, organized and identified the important issues however, it was limited by its small sample size. The author’s comprehension of the family’s home lives, partner......

Words: 1230 - Pages: 5

Premium Essay


...addresses and contact numbers of two or three possible reviewers. Accompanying Material 21. Please provide us with the following: i) Synopsis The synopsis is an outline describing the book; approach and its aims. A listing of chapter headings and subheadings is insufficient. Please detail the topics covered and describe how you approach the subject, providing a clear impression of the overall structure and level of the proposed book. Include any outstanding features and pedagogical features, e.g. summaries, examples, cases, problems, etc. ii) Table of Contents Please provide a detailed Table of Contents (Chapter Head, Section and Sub-section). iii) Sample chapters We will review a complete manuscript if available. If not, we would need at least 3–5 representative chapters for review. This will enable reviewers to evaluate the style, pedagogy and technical accuracy. It is recommended that any particularly innovative material should be submitted at this stage. The time taken to write the sample chapters will allow you to gauge the time it will take to complete the book. Please note that introductory chapters are not suitable as sample chapters. If appropriate, you should begin at this early stage to think in terms of a supplement package, e.g. a teacher’s manual, student’s guide or software supplement. iv) Curriculum vitae A full curriculum vitae should contain details of all relevant teachings, research, industrial and professional experience, and list......

Words: 870 - Pages: 4

Premium Essay


...A Review of Literature Related to Oil Spill Dispersants 1997-2008 for Prince William Sound Regional Citizens’ Advisory Council (PWSRCAC) Anchorage, Alaska by Merv Fingas Spill Science Edmonton, Alberta PWSRCAC Contract Number - 955.08.03 Disclaimer: The opinions expressed in this PWSRCAC-commissioned report are not necessarily those of PWSRCAC September, 2008 ii Abstract This report is a review of the literature on oil spill dispersants published from 1997 to August, 2008. The report identifies and focusses on recent advances in dispersant effectiveness, toxicity, and biodegradation. Other topics such as application, use, behaviour and fate are also covered. The prime motivation for using dispersants is to reduce the impact of oil on shorelines, thus the application must be successful and effectiveness high. As some oil would come ashore, discussion remains on what effectiveness is required to significantly reduce the shoreline impact. A major issue is the actual effectiveness during spills so that these values can be used in estimates for the future. The second motivation for using dispersants is to reduce the impact on birds and mammals on the water surface. The benefits of using dispersants to reduce impacts on wildlife still remain unknown. The third motivation for using dispersants is to promote the biodegradation of oil in the water column. The effect of dispersants on biodegradation is still a matter of dispute. Some papers state that dispersants......

Words: 82016 - Pages: 329

Premium Essay


...Review of World Investment Report MGX5966 International business theory and practice Lecture time: 18:00-19:30, Tuesday Lecturer: Quamrul Alam Tutorial time: 12:00-13:30, Tuesday Tutor: Sharif Rasel Due date: 09/09/2014 Students: RUIHAN FAN (26297701) Review of World Investment Report 1. Introduction This review is going to talk about the recent trends discussed in the WIR 2014, the reason that developing and emerging economies have attracted FDI, and why will SDGs have a significant resource implication for future investment decisions of MNEs. 2. The recent trends discussed in the WIR 2014 1. Global FDI flows Global FDI flows increased by 9 percent in 2013 to $1.45 trillion, up from $1.33 trillion in 2012. Although the share of developed economies in total global FDI flows remained low, it is expected to rise over the next three years to 52 per cent. Global inward FDI stock rose by 9 per cent, reaching $25.5 trillion. It reflects the rise of FDI inflows and strong performance of the stock markets in many parts of the world. 2. FDI inflows FDI inflows rose 9 percent in 2013 revealed a moderate pickup in global economic growth and some large cross-border M&A transactions. The increase of FDI inflows was widespread in all major economic groupings − developed, developing, and transition economies. Developed countries’ FDI inflows grew by 9 percent, reaching $566 billion. Developing economies reached a new high of $778 billion,......

Words: 1625 - Pages: 7

Premium Essay

The Review

...ENGL112 Peer Review Sheet Your name: ____________Kesha Krider ____________________________________________ Paper author’s name: ______________John McLean __________________________________ Assignment: _________________Peer Review_______________________________________ In order to review the beginning, middle, and end of your classmate’s paper: 1. Read these questions first. 2. Read each part of your classmate’s essay (beginning, middle, and end). 3. Answer the questions and include quotations from your classmate’s paper to explain your answers. Beginning A. Does the essay’s title make you want to read more? Why or why not? Yes. Because I really needed to know what the title meant! B. Do the first one or two sentences of the paper grab your interest? Why or why not? Tell how the writer could get your attention with the first sentences. Yes. The first sentence strike interest because of the words issue, healthcare and controversial. The second sentence introduces the reason for the argument. Look at the essay’s introduction. Is there a thesis statement or “statement of purpose” drafted? (Look for a sentence that tells the reader what to expect from this essay.) What is the statement? Patients and Practitioners should not adhere to the guidance form the U.S. Preventive Services Task Force against prostate-specific antigen. C. Based on the introduction, what specific points do you think the writer will make about the essay’s subject? Based on the introduction I......

Words: 752 - Pages: 4

Premium Essay

Review practices but are elevated to embody and encourage XP values. The 12 core XP practices are described below. 1) Planning game: The essence of release planning meeting is for the development team to estimate each user story in terms of ideal programming week. User story can be imagined as smaller version of use case that are collected from the customer. These stories will be the base for the development team 7) Pair Programming to do estimation and determine the what user story will be accomplished for the release and Pair programming is one of the agile development what will be done next. methods in which two programmers share a machine and work in pairs. The main advantage of 2) Small releases working in pair is continuous review and inspection of the code by two people produces The existing system might need structural change or any new object needs to be created when the next user story is to be developed. The need for refactoring is then discussed with the team and refactoring of the code is performed without changing the systems external behavior. higher quality of the code at much affordable cost. 8) Collective Code Ownership III. SCRUM In XP process, all the code once checked in the repository are considered to be owned by the whole team and not an individual property. Every code gets the benefit of the teams attention. 9) Continuous Integration To ensure the availability of the code to the development teams at all time, XP encourages......

Words: 4503 - Pages: 19