Review Questions (PLG1) Businessman Working, Review Time
Review Questions (PLG1) Businessman working ,Review Time words
Each module has a set of review questions to assist you in learning the materials and help you prepare for the final exam. Spend quality time responding to the following questions in your own words. 1.What is the difference between right-to-work and employment-at-will? 2.Describe agency relationships in business. 3.Evaluate employer and independent contractor relationships. 4.Describe the collective bargaining and the federal laws that pertain to employee rights. Provide your answers in a document and submit. Citations and references must be in current APA format. (Links to an external site.)Links to an external site. Use: Miller, R. L., & Jentz, G. A. (2015). Fundamentals of business law summarized. Boston: Cengage Please run through turnitin
Paper For Above instruction
The distinctions between right-to-work laws and employment-at-will doctrine are fundamental concepts within labor and employment law that influence the rights and obligations of employees and employers. Right-to-work laws, primarily enacted at the state level in the United States, prohibit agreements that require employees to join a union or pay union dues as a condition of employment (Miller & Jentz, 2015). These laws aim to provide employees with the freedom to choose whether to participate in union activities without economic coercion, promoting individual liberty in employment decisions. Conversely, the employment-at-will doctrine establishes that, in the absence of a contractual agreement specifying otherwise, an employer or employee can terminate employment at any time for any reason that is not illegal (Miller & Jentz, 2015). This broad principle underscores the flexibility of employer-employee relationships but also raises concerns about job security and protections against wrongful termination.
Agency relationships are central in business transactions, defining the legal relationship whereby one party (the principal) authorizes another party (the agent) to act on their behalf. These relationships are essential for conducting business operations efficiently across various contexts, including sales, employment, and contractual negotiations. An agent's actions, within the scope of their authority, legally bind the principal, making agency relationships a vital aspect of commercial law (Miller & Jentz, 2015). Agency relationships can be either fiduciary, requiring the agent to act in the best interests of the principal, or non-fiduciary. The scope of agency authority can be explicitly defined through contractual agreements or implicitly understood based on circumstances and conduct (Miller & Jentz, 2015). Correctly establishing and managing agency relationships reduces legal risks and ensures smooth operational functions.
The relationship between employers and independent contractors is a complex area of employment law, distinguished from employment relationships due to differing rights, obligations, and tax implications. Employers often engage independent contractors for specific projects or freelance work, expecting a higher degree of autonomy than with employees. An independent contractor typically controls how and when to complete assigned tasks, provides their own tools, and is responsible for their own taxes (Miller & Jentz, 2015). Determining whether a worker is an employee or independent contractor depends on several factors, including the degree of control exerted by the employer, the permanency of the relationship, and the work's nature. Misclassification can lead to legal disputes, penalties, and liability issues. Courts and agencies emphasize behavioral control, financial control, and the nature of the relationship to distinguish between these classifications (Miller & Jentz, 2015).
Collective bargaining is a process where employees, generally represented by unions, negotiate with employers to determine wages, working conditions, and other employment terms. Federal laws govern and protect these rights, chiefly the National Labor Relations Act (NLRA) of 1935, which guarantees workers the right to organize, form unions, and engage in concerted activities for mutual aid or protection (Miller & Jentz, 2015). The NLRA also restricts unfair labor practices by employers, such as interference with union activities or discrimination based on union support. Other relevant laws include the Fair Labor Standards Act (FLSA), regulating minimum wage and overtime, and the Occupational Safety and Health Act (OSHA), ensuring safe working environments. These laws collectively aim to balance the power dynamics in labor relations, fostering fair negotiations and protecting employee rights (Miller & Jentz, 2015). Understanding these legal frameworks is critical for both employers and employees to navigate labor relationships effectively.
References
- Miller, R. L., & Jentz, G. A. (2015). Fundamentals of business law summarized. Boston: Cengage.