buisness law Essay

Health and safety at work act 1974 and 1992: This act is put into place for all places of employments. All employees have a duty of care to provide for the staff, ensuring that all equipment is safe and it does not have any risk. Employee, staff and volunteers have to take care of themselves and others around them.

Under this act, employers are responsible for reporting certain types of incidents, accidents or illnesses to the Health and Safety Exectutive, or the local authority.

The Occupational Health & Safety Act was introduced in 1979 and provides organizations with a legal framework to deal with workplace health and safety issues. The Act deals with the rights and responsibilities of work parties, and provides services to assist organizations in maintaining health standards to prevent workplace accidents. Under this act, the government also conducts research studies, gathers statistics on occupational accidents, and develops educational programs to encourage occupational health and safety.

The first place an employer would want to start in order to understand which laws affect them as an employer is compliance assistance information and resources. Under the website subheading, Help Navigating Department of Labor Laws and Regulation it gives a general definition of compliance assistance. It states, that compliance assistance is an important part of the Department’s effort to protect the wages, health benefits, retirement security, employment rights, safety, and health of American’s workforce

1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.

Section 2 of the HSW Act deals with employersʹ duties, and states: ʺIt shall be the duty of all employers to ensure, so far as is reasonably practicable, the health safety and welfare of all their employees whilst they are at work.ʺ

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

The Act also requires employees not to interfere with or misuse anything provided to protect their health, safety or welfare in compliance with the Act.

The site offers a comprehensive look at health and benefits regulations. After reviewing this site, employers should have a good understanding of mandatory benefits and benefits regulations. First, this paper described the major features of the website and how each feature can be used to monitor employee benefits. Key features included links to critical benefits information and streamlined functionality that enabled quick access to pertinent information. Second, the paper explained how employers could verify that their employee benefits comply with all federal laws by using this resource. Important benefits regulations that employers can review on the website for compliance include ERISA, COBRA, HIPAA, ACA, and FMLA. Third, the paper described how employees can use this information to ensure their benefits rights are protected. Employees can review the “Consumer Information on Health Plans” subtopic provided by EBSA, review ERISA, and report noncompliance to the DOL hotline in order to protect their benefits rights. Last, the paper provided a detailed outline of the Health Plan and Benefits

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

The purpose is to make sure people are not hurt or injured as a result of work or work related activities. Also, it encourages the standardise management of health and safety at work by employers to cooperate with employees to establish better systems in the workplaces. It is very important that all hazards in the workplaces are found, and eliminate if possible. If not, isolate or minimise the risk and notify the employees. The act describes the duties of employers and it covers all employees, self-employed people, and including trainees, and

Please answer the questions posed at the end of each case study in essay form.  Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

The Family and Medical Leave Act (FMLA) implemented in August 1993 grants job-protected leave to any employee satisfying the eligibility criteria (Cannonier, 2014). The FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves—(A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider (Lavin & DiMichele, 2014). The FMLA provided benefits only to eligible employees. Under the FMLA, an eligible employee is one who satisfied the following criteria: