Role of the US Constitution and Legal System in Business Regulation

Employment practices of organizations in the United States are regulated at federal and state levels. The human resource process is impacted by regulatory requirements in the workplace. Legal and social regulations are crucial when managing the workforce or future supplies for labor in the workplace.

The functions and role of law in business and society are vast and must be narrowed down for better understanding. Law is important to businesses because it not only protects the business but it gives the business guidelines to follow to ensure fair dealing and also reliability of business transactions. It important that a business understand that there are rules that must be followed when conducting day-to-day transactions and they will be held accountable for their actions. Law regulates society by also holding individuals accountable for their actions. The law essentially defines the rules and also defines what happens if the rules are broken by an individual or business.

For centuries, there has been a common relationship between employers and employees. Over the course of that time, the workplace and the jobs within it have evolved as new jobs were created, ways to execute tasks became more advanced and laws were enacted to put into place fair employment for those in the workforce. In 1938, congress would pass and President Roosevelt would sign the Wages and Hours Bill, more commonly known as the Fair Labor Standards Act of 1938 (FLSA). This federal statute introduced a 44 hour, seven day work week, established the national minimum wage, guaranteed overtime pay in specific types of jobs at a rate of “time and a half”, and it defines oppressive child labor, which prohibits most employment of minors. The FLSA applies to those employees engaged in interstate commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage.

Kudler Fine Foods is a gourmet establishment. The first store was opened in 1998 and was such a success that many more will be opening. This gourmet shop was created in the vision the owner was searching for: a place where gourmet foods can be purchased at an affordable price. Kudler Fine Foods employs many employees. These employees have rights that must be adhered to.

Consequently, due to abuses from employers to the people under them, laws and regulations to protect workers were established and are now enforced by the U.S. Department of Labor. These laws protect over 10 million employers and about 125 million employees (2003). As written in the Department of Labors’ General Information website, it says

Give examples of legislation that impact on. Employee holidays, rest periods, working hours and night working. Explain why these are important for both the employee and employer

In general, these laws found in chapter 1 of our text are made to enforce and ensure proper wage, safety, and work hours for all individuals, without any form of discrimination, such as the FLSA act of 1938 and the Equal Pay Act of 1963 along with others found in this lesson. They also allow for medical issues or disabilities within the family such as the FMLA of 1993. The four groups can be categorized as income continuity, safety, pay discrimination and work hours. Others may be accommodating families with physical and mental disabilities and other wage laws. If I were to decide between the groups which is most important I would have to say that they would all be equally important

Although the RFRA specifically uses the word "person," its effects may be extended to corporations like Hobby Lobby. The main purpose of the RFRA is to maintain religious neutrality throughout the United States government as was intended by the writers of the Constitution (Smolin). The United States Supreme Court has long held that corporations do indeed hold many constitutional rights which are possessed by legal persons (Hall and Means). For example, the court has ruled in the past that corporations obtain the rights which prevent illogical governmental searches and/or seizures. The government must also refrain from collecting the property of any corporation without compensation (Morgan). Since

The United States government has passed 81,883 rules over a nine year span according to audiotech.com. All the regulation passed the last nine years cost the average business owner with about twenty employees over 212,000 dollars extra per year. In total American business owners had to pay over $1.75 trillion to comply with government regulation. The involvement of government in business operations is becoming counteractive. It should be up to the business owner on how he would like to promote his business because it’s his investment that is being but at risk. The government has increasingly been interfering and passing laws on how businesses should operate, from smoking bans, medical coverage too how a business can hire or fire people. The government shouldn’t be so involved on how business operate to include the processes of hiring and firing employees.

For violations of the minimum wage and overtime provisions and the child labor provisions of the FLSA, the United States Secretary of Labor may institute one of two types of civil actions against you:

By law all workers should also not work for more than 48 hours a week on average over 17 weeks. This does not apply to workers under 18. They should not work for more than 8 hours a day and 40 hours a week.

The rights of children are protected by child labor laws and regulations, which ensure that children are employed in safe working conditions. While school is in session, 14 and 15 year olds are only able to work 15 hours a weekday 16 and 17 year olds are only able to work 30 hours a week. Florida has these set hours to make sure teens are not being over worked. An issue seen with this is how can Florida be sure that a workplace is providing the correct and truthful information with the teens work hours.

The issue of business relations with government has increasingly become a key issue of business ethics. Some of the many questions raised are

These functions of law protect the interests of individuals and businesses through a system of rules, enforced by governing bodies. These systems of rules, as listed by

Conducting business in the United States is regulated by different types of laws. The definition of business law, also known as commercial law, is the governing of transactions between business entities. These include all aspects such as advertising, collection, banking, contracts, and trade in general (Legal-Dictonary.com, 2011). Business laws consist of federal, state, and local laws that all organizations small or large must abide by. Federal laws are comprised to include industry laws and regulations, employment and labor laws, handling of legal concerns, and understanding fair practice (SBA.gov, 2011). State laws vary depending on which state the company operates from, and the type of industry. State laws affect all corporations from banks to health care, mortgage companies to retail. Local laws are specific to the town or city the business