The Term Paper consists of a discussion, analysis, and application of the concepts of Employee Relations; Employee Welfare; and choosing the appropriate type of Business Entity with specific focus of

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The Term Paper consists of a discussion, analysis, and application of the concepts of Employee Relations; Employee Welfare; and choosing the appropriate type of Business Entity with specific focus of each of these areas of the law to the role of Christian leadership in the workplace. Biblical passages should be cited in support of each of the legal concepts. The paper is due Saturday (Day 7) of Unit 7. It will be evaluated using the Portfolio Paper rubric. Use the text and at least four academic articles as the general guideline for preparing your analysis and approach. Research the Internet for articles and ideas (Wikipedia is NOT considered a source) with the goal of tying specific verses to specific laws. Include a discussion of Biblical law, U.S. law, a comparison and contrasting of each, and the historical development and basis of U.S. law with a specific focus on Natural Law.  Requirements: Prepare the Term Paper using the following guidelines:

  • 3,500 – 4,000 words
  • APA – compliant formatting, including title and reference pages
  • Minimum of eight scholarly references
  • Include Biblical Foundations application section (500 words minimum) that addresses the following:

1. Christian worldview regarding the course2. Biblical passages related to the course3. Comparison of Secular and Christian perspectives related to the course

The Term Paper consists of a discussion, analysis, and application of the concepts of Employee Relations; Employee Welfare; and choosing the appropriate type of Business Entity with specific focus of
MBA/MSL 646 The Legal Environment of Business Belhaven University Unit 7 Employee Safety and Employee Welfare Biblical Foundation  Galatians 3:28  There is neither Jew nor Greek, there is neither bond nor free, there is neither male nor female: for ye are all one in Christ Jesus.  Proverbs 16:32  He who is slow to anger is better than the mighty, and he who rules his spirit than he who takes a city.  John 13:34 -35  A new command I give you, love one another. As I loved you, so you must love one another. By this everyone will know that you are my disciples, if you love one another.  Acts 10:34  Then Peter began to speak: “I now realize how true it is that God does not show favoritism.” FLSA  Fair Labor Standards Act (FLSA)  Often called “the minimum wage law”  All covered employees must be paid minimum wage  1.5 times for overtime  Overtime is owed for anything over 40 hours per week  Example – Over the past month, Sam worked 35 hours (week 1), 42 hours (week 2), 38 hours (week 3), and 45 hours (week 4). In total, Sam is owed for 7 hours of overtime, because it is calculated on a weekly basis.  All businesses covered that affect interstate commerce  Exemptions  Independent contractors  Agriculture, fishing, and domestic service  Management, Executives, Administration, and Professional people FLSA, cont.  Overtime threshold regulations (2016)  Employees who earn up to $47,476 (salaried or hourly) are eligible for overtime pay over 40 hours per week  Wage threshold is also indexed, so it will increase every three years  Affects professionals such as academics and lab technicians  They will be required to track hours and lose flex time FLSA, cont.  Child Labor Protections  Age 18 and over: any jobs  Age 16 -17: any non -hazardous job, unlimited hours (mining, logging, roofing, excavation)  Age 14 -15: any non -hazardous, non -manufacturing, and non -mining job during school hours, limited hours  Record keeping – employers must keep records of hours and wages; fined for not doing so FLSA, cont.  Enforcement of FLSA  Can begin by complaint filed with U.S. Labor Department  Employer can seek interpretation from Department of Labor  Labor Department can initiate its own investigation  Violations of FLSA  Officers of a corporation can be held individually liable for the corporation’s violations  $10,000 and up to six months in prison  Employees cannot be fired for reporting violations  Chao v. Hotel Oasis, Inc., 493 F.3d 26 (1 st Cir. 2007) – court held president of a hotel personally liable for willfully failing to keep proper payroll records. Equal Pay Act  Illegal to pay different wages to men and women doing the same jobs  Equal Pay Act is not a comparable worth statute  Comparable worth requires equal pay for jobs that require equal skill, effort, and responsibility  Comparable worth changes the free marketplace concept that we as a society have adopted  Merit and seniority systems are exceptions OSHA  Occupational Health and Safety Act (OSHA)  Passed to ensure workplace safety precautions  OSHA was agency created to enforce it  Covers all employers who have at least one employee  Created Occupational Safety and Health Review Commission (OSHRC) and the National Institute for Occupational Health and Safety (NOSH)  OSHA Coverage and Duties  Familiarize themselves with OSHA’s requirements  Post employee rights  Require protective gear  Keep records of injuries  Report fatalities and hazards causing them  Post OSHA citations Employee Concerns  Employment Retirement Income Security Act (ERISA) amended by Pension Protection Act of 2006  Applies to any employer in interstate commerce  Applies to medical, retirement, or deferred income plans  Requirements  Must give employees an annual report  Must disclose loans made from the fund  Pension Protection Act  Passed as a response to a number of large corporate bankruptcies that released employers from pension obligations  Imposed stricter funding requirements Employee Concerns, cont.  Unemployment Compensation  State administered  Employers pay FUTA taxes to fund the program  Amount received is controlled by wages and time working  Requirements  Involuntarily terminated  Able and available to work  Seeking employment Worker’s Compensation  Worker’s Compensation – provides wage benefits and medical care to victims of work related injuries  State administered  Employees injured in scope of employment are covered  Fault is immaterial  Independent contractors are not covered  Benefits include expenses, lost wages, and injury compensation  Principles  Employees do not have the right of common law suit  3rd party can be sued to indemnify employers  Every employer must carry insurance or be self -insured Worker’s Compensation, cont.  Types of Injuries  Most injuries occur suddenly – broken limbs, injuries from falls, burns, cuts, and the like  Expanded to include injuries that occur over time – back injuries from lifting heavy over time, high blood pressure, heart attacks and other injuries resulting from stress in the workplace  Forfeiture of right to suit in exchange for worker’s compensation  Disability Benefits  Partial disability – listed on schedule by rate  Example – 50% of wages  Total disability – generally 2/3 of salary  Unscheduled injuries are determined by board  Death benefits paid to family Title VII Civil Rights Act  Prohibits Discrimination on the Basis of  Race; Color; Religion; National Origin; Sex; Pregnancy; Age  Application  Employers with 15 or more employees (for at least 20 calendar weeks)  Labor unions with 15 members and/or a hiring hall  Employment agencies that work for covered employers  State and local agencies  Non -covered Employers  Employment of aliens outside the United States  Religious corporations, when hiring for religious positions  Congress  Federal government (they have a separate scheme)  Indian tribes Title VII Civil Rights Act, cont.  Employment Procedures Covered  Hiring, compensation, training, promotion, demotions, transfers, fringe benefits, rules, working conditions, dismissals, employment agencies referrals  What is considered disparate treatment under Title VII?  Treating employees or potential employees differently on the basis of race…  McDonnell Douglass v. Green , 411 U.S. 792 (1973)  Established the following required elements  Plaintiff belongs to a minority group  Plaintiff applied for and was qualified for job  Plaintiff was rejected (despite qualifications)  Job remained open  Employer’s burden of proof to show nondiscriminatory reason for the non -hire Sexual Harassment  Covered by EEOC guidelines  Employers must have policies on harassment  Possible liability for  Demands for sexual favors – “quid pro quo”  Environment of sexual suggestion  Hostile conduct for refusal to provide sexual favors  Verbal or physical suggestions  Cannot be fired for refusal to accept sexual advances  Managers and companies have liability for failure to take action on complaints of sexual harassment Affirmative Action  What is Affirmative Action?  Affirmative action is remedial step taken to ensure that those who have been victims of discrimination in the past are given the opportunity to get work  It is neither required nor prohibited under Title VII  Any employer can have an affirmative action program; cannot use quotas, but can set goals  Who is Required to Have Affirmative Action Programs?  Those who have been subject to court orders  State and local agencies, colleges and universities receiving federal funds  Government contractors  Businesses that work on federal projects Affirmative Action, cont.  Preparing an Affirmative Action Program  Equal employment opportunity statement  Appoint an affirmative action officer  Conduct internal audit  Establish overall goals and area goals  Example: “A certain number of minorities employed by certain date.”  Good faith effort Defenses  BOFOQ – Bona Fide Occupational Qualification  Necessary for the operation of business  Example – A Presbyterian Church is hiring a pastor. The Church can require the applicants to be Presbyterian.  Seniority/Merit System  System must apply to all employees  Divisions must follow the industry custom – bona fide  Origins of the system cannot be discriminatory  Cannot be used to perpetuate discrimination Defenses, cont.  Aptitude  Test must be related to successful job performance  Cannot eliminate certain races  Example – Firefighter must pass a driving test; Police Officer must pass a physical fitness test or a marksmanship test  Misconduct  U.S. Supreme court limited this defense in McKennon v. Nashville Banner Publishing Co ., 524 U.S. 742 (1995) – holding that a business could not use employee wrongdoing after -the -fact as a basis for a misconduct defense Title VII Enforcement  Steps in filing a case  Complaint  Filed by employee  Must be done within 180 days from the violation  Filed with EEOC or state agency  Employer is notified of the charge  EEOC has 180 days from filing of action to take action  If case is not settled within 180 days, employee gets right -to -sue letter  Types of Relief  Injunctions  Back pay  Punitive damages  Affirmative action  Attorney’s fees Other Antidiscrimination Laws, cont  ADA: Americans with Disabilities Act  Applies to employers with 15 or more employees  Required to make reasonable accommodations  Cannot use tests to screen out the handicapped  Family and Medical Leave Act  12 weeks unpaid leave each year for birth or adoption of a child, illness of spouse, parent, or child  Must return to same job or equivalent Types of Business Ownership: Sole Proprietorships  Formation  Done by an individual  May have a fictitious name  Example – Tod Jones d/b/a Taco Tuesdays  No formal requirements for formation  Sources of Funding  Loans (including family loans)  Governmental help  Example – Small Business Administration  Liability – Full personal liability of owner Sole Proprietorships, cont.  Tax Consequences  Owner claims all income and losses  No separate filing requirement  Management and Control  Complete centralized management  Sole proprietor is both manager and employee  Transferability of Interest  Business can be sold – property, inventory, and goodwill  Owner may sign a non -compete agreement Partnership  Governed by the Uniform Partnership Act (UPA)  Adopted in most states  In the absence of a partnership agreement, the UPA controls  What is a partnership?  An association of two or more persons to carry on as co -owners, a business for profit  Can include corporations and natural persons Partnership, cont.  Formation  Voluntary formation – by agreement  Articles of partnership  Involuntary formation – by implication  Sharing of profits; constitutes prima facie evidence that a partnership exists  Exceptions – rent, wages, annuity to widow/estate, payment for goodwill  Blumberg v. Ambrose, 2015 WL 5604474 (E.D. Mich. 2015) – the court held that absent a partnership agreement, the court considers outwardly acted. In this case, the court held that a partnership existed when the parties referred to each other as “co -founders” and worked without typical compensation with the understanding that profits would be shared Partnership, cont.  Tax issues  The partnership does not pay taxes  Partnership files only a informational return  Partners report income and losses on their individual returns  Liability  Partnership assets reachable by partnership creditors  Partners personal assets are reachable after partnership assets are exhausted Limited Partnerships  Governed by Uniform Limited Partnership Act (ULPA) and the revised act (RULPA)  Adopted in nearly all states  ULPA and RULPA apply when there is no agreement  Structure  Must have at least one general partner  Must have at least one limited partner  Liability of limited partner is limited to capital contribution  Liability of general partner is unlimited  If statutory requirements are not met to form a L.P., then a general partnership is formed Limited Partnerships, cont.  Limited partners have limited liability, but cannot participate in management  Limited partners can do the following and still maintain LP status:  Can be an employee  Can consult with and advise the general partner  Can act as a surety guarantor for the limited partnership  Can vote amendments, dissolution, sale of property, and debt assumptions  Management is the responsibility of the General Partner Limited Partnerships, cont.  Limited partners have limited liability, but cannot participate in management  Limited partners can do the following and still maintain LP status:  Can be an employee  Can consult with and advise the general partner  Can act as a surety guarantor for the limited partnership  Can vote amendments, dissolution, sale of property, and debt assumptions Limited Partnerships, cont.  Management is the responsibility of the General Partner  Partner Authority  Can be restricted by the agreement  Consent of limited partners required for:  Admitting a new general partner  Admitting a new limited partner  Extraordinary transactions (like selling assets)  Limited partners may inspect books/records Limited Partnerships, cont.  Taxes  Taxed the same as general partnerships  Partners report profits and losses on individual returns  Limited partners get direct tax (and have limited liability)  IRS scrutinize a limited partnership to make sure that it is not a corporation by analyzing the following:  The transferability of the interests  The assets of the general partners  The net worth of the general partners Limited Partnerships, cont.  Profits and distributions  General partner has the authority to make these decisions  Profits and losses are allocated on the basis of capital contributions  Agreement for sharing profits and losses must be in writing  Transferability  Transfer of interests are permitted  May have a significant restriction on transfer to prevent liability under federal securities laws  The more easily an interest can be transferred, the more likely the IRS is to label it a corporation  Transfer of a limited partner’s interest does not dissolve the partnership Limited Partnerships, cont.  Dissolved by the following:  Expiration of the time period/event designated  Unanimous written consent of all partners  Withdrawal of the general partner  Court order after application by one of the partners  Order of priority  Creditors  Partners  Return capital contribution  Remainder split according to agreement Corporations  Characteristics  Unlimited duration  Free transferability of interest  Limited liability  Centralized management  Legal existence  Can hold legal title to property  Can sue and be sued Corporations, cont.  Types  For profit  Not for profit  Domestic – in the state of incorporation  Foreign – everywhere else  Government corporations  Professional corporations (limits liability on everything other than professional malpractice) Corporations, cont.  Close or closely held corporations  Limited number of shareholders  Less formality  S or C corporation  IRS election to be treated as partnership for tax purposes  Limited liability  Size limits  Must comply with statutory requirements Corporations, cont.  Where should the business incorporate?  Status of state’s corporation laws  State tax laws  Ability to attract employees  Incentives (corporate shield)  Formation  File articles of incorporation  Name  Names and addresses of all incorporations  Capital structure of the corporation  Types of stocks  Classes of stock  Rights of shareholders  Voting rights  Statutory agent Corporations, cont.  Must hold initial meeting after incorporation  Elect new directors  Adopt bylaws (day -to -day procedures)  Issue stock  Ratify contracts  Equity financing – shareholder  Common stock: has voting rights, receives dividends when paid  Preferred stock: receiver preference over common stock can be cumulative or noncumulative Corporations, cont.  Liability issues  Must make full payment for shares (paying par value)  Shareholders’ liability generally limited to amount of investment  If corporation veil is pierced, there is shareholder liability; means corporate immunity from liability is set aside  Why would the corporate veil be pierced?  Inadequate capitalization  Alter ego theory/No formalities/Ignoring corporate formalities  Formed to perpetrate a fraud on creditors  Officer and Director liability  Protected by the Business Judgment Rule  Must act in good faith and with prudence  Must study issues; can consult experts  Increasing criminal liability Corporations: Shareholder Rights  Voting Shareholders  Elect the board  The proxy  Vote on critical corporate issues  Pooling agreements  Voting trusts  Shareholders have the right to vote on mergers, consolidations, and the sale of all assets  Shareholders have access to books/records  Shares are generally freely transferable, some restrictions apply  Must be noted on stock certificate  Must serve a necessary purpose  Must be reasonable  Dissolution may be voluntary (board resolution) or involuntary (court ordered) Limited Liability Company  Formation  Filing articles of organization  Name must contain “LLC”  Funding  Members make capital contributions  But personal assets are safe  Tax  Pass through taxation  LLC does not pay taxes Limited Liability Company, cont.  Management and control  Operating agreement – specifies voting rights  A member or consultant may be given authority to operate  Transferability of interest  Interest can be transferred  Transferee may become a member if majority agrees  Dissolution  Withdrawal, death, expulsion of members  May be voluntary  Some states allow involuntary dissolution Limited Liability Partnerships  Formation – Must file to create  Funding – Capital contributions from partners  Liability  Limited liability for all  Malpractice not shielded from liability  Tax – Pass through taxation  Management and control – members may participate in management without personal liability for partnership debts  Transferability – transfer must be restricted  Dissolution – similar to LLC  Complete reading assignments  Complete writing assignments  Answer discussion questions  Complete unit quiz 44 What’s Next? Jennings, M. (2017). Business; It’s Legal, Ethical, and Global Environment. (11 th ed.). South -Western Cengage Learning. The Holy Bible 45 References

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