Human Resources & the Law


Business Law | White Collar Crime | Legal Requirements for Business | Human Resources | Review

Business Law

American History
Click on the picture. Enter the mall through the Food Court and head to the Cinema to watch the headline movie: History of American Business Competition.

law wordleThe law is relevant to every aspect of business. Minimizing liability exposure is a primary concern of business, and an understanding of the legal environment relevant to each disciplinary perspective helps business practitioners minimize their risk of incurring liability to themselves or to their employers.

Common areas of law that businesses need to be aware are:

contract law presentation
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Insurance can protect a business in the event of unforeseen circumstances to employees, suppliers, or customers. Workman's compensation insurance protects businesses in case their employees are hurt while performing their job. Liability insurance protects businesses in the event that a supplier or customer is hurt while on the property of the business.

Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. There are six types of bankruptcy under the U.S. Bankruptcy Code. Chapter 7 and Chapter 11 are the most common for businesses.

property law presentation
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criminal law presentation
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Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment becomes unlawful where:

You can read more about harassment and the law at the U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov/laws/types/harassment.cfm

Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that:

  1. It reasonably tried to prevent and promptly correct the harassing behavior; and
  2. The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

Discrimination is the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.

copyright presentation
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Assignment: Question for Thought

Directions: Use the Internet to research some crimes that are committed using a computer. Write a summary (~150 words) of what you find. Post your summary to the textbox in itsLearning. Do not submit a separate document. Be sure you proofread.

Assignment: Contract Law Worksheet

Directions: Pick the best answer to the questions in itsLearning. You may complete the worksheet as many times as you choose for the best score.


White Collar Crime

What is white collar crime? White collar crime is clearly complex and multifaceted. No single theory or explanation can comprehensively explain all forms or instances of white-collar crime. In general, white-collar crime refers to financially motivated nonviolent crime committed by business and government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of his occupation." There are some types of white collar crimes:

white collar crime presentation
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Preventing and Punishing White Collar Crime

White-collar offenses often fall under federal jurisdiction.

One of the universal econo­mic dilemmas is how to squelch white-collar crime without discouraging healthy business growth that benefits the consumer. During the 1970's and 1980's, the U.S. Congress passed a number of laws and statutes to combat white collar crimes.

The Racketeer Influence and Corrupt Organizations Act (RICO) expanded racketeering to include things like embezzlement from union funds, bribery and mail fraud. RICO made it easier to prosecute corrupt organizations and seize assets related to corruption and to sue perpetrators for three times the dollar amount of damages. It was under RICO that junk bond financier Michael Milken was found guilty of various kinds of fraud and bond market manipulation.

Congress passed the Sarbanes-Oxley Act (SOX) in 2002 to improve corporate governance, the relationship and accountability between corporations and their stakeholders, as a result of Enron and similar scandals that broke out in the early 2000s.

Ways that you can prevent white collar crimes include:

Assignment: Once more into the breach: What eBay users need to know

Directions: Read the Once more into the breach: What eBay users need to know blog post. First Target, then Michaels, and now eBay. Do you think our online data is safe from white collar criminals? How can we keep our data safe? Write a short essay (150-200 words) to your friends on your thought on keeping online data safe from white collar criminals. Post your summary to the textbox in itsLearning. Do not submit a separate document. Be sure you proofread.


Legal Requirements for Business

business contractTo run your business legally, there are certain federal and state licenses and permits you will need to obtain. The Small Business Administration (SBA) provides guidelines for business to follow to file the appropriate paperwork with the federal and state governments for a business license, permits, contracts, patents, copyright, trademarks, and logos. The SBA also provides assistance to small business and aspiring entrepreneurs throughout the United States with a variety of free business consulting and low-cost training services.

Human Resources

Agency and employment presentation
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When it comes to running a business and employing others to work for you, there are laws that must be followed and government agencies to ensure that the laws are followed. For example, The Americans with Disabilities Act protects employees who are at least 40 years old. The Equal Employment Opportunity Commission is the federal agency charged with ending employment discrimination and investigates discrimination complaints. OSHA requires employers to comply with detailed safety regulations and writes, inspects, and determines punishment of safety regulations.

Assignment: Applying for a Job Project

Directions: Download the project assessment. Students can work in teams of two or individually to create a booklet of information explaining how to apply for a job. This booklet may then be distributed to classmates, teachers, etc. You will use http://www.flipsnack.com/ to create your booklet. There are many resources available on the Internet to use to create your booklet. Post the flipsnack link to the textbox in itsLearning. Do not submit a separate document. Be sure you proofread.


Review


Resources

If you are having problems viewing this page, opening videos, or accessing the URLs, the direct links are posted below. All assignments are submitted in itsLearning. If you have having problems, contact Mrs. Rush through the itsLearning email client.

Contract Law presentation: http://www.mrsrush.net/legal/contract_law.pdf

Property Law presentation: http://www.mrsrush.net/legal/property_law.pdff

Criminal Law presentation: http://www.mrsrush.net/legal/criminal_law.pdf

Copyright Basic presentation: http://www.mrsrush.net/legal/copyright.pdf

White Collar Crime presentation: http://www.mrsrush.net/legal/wcc.pdf

Agency & Employment Law presentation: http://www.mrsrush.net/legal/ae_law.pdf

Applying for a Job Project: http://www.mrsrush.net/legal/Employment_booklet.pdf

Flipsnack: http://www.flipsnack.com/

Review: https://www.examtime.com/p/971171-Business-Law-Review-quizzes

Transcript: http://mrsrush.net/legal/index.pdf


Credits

White Collar Crime: http://www.ckfraud.org/whitecollar.html


Transcript of this lesson