This document provides an overview of key areas of business law for managers, including common law, contracts, intellectual property, employment law, torts, and business ethics. It discusses laws governing discrimination, harassment, leave, wages, and more. The document stresses the importance of adhering to company policies, consulting HR and lawyers when needed, and maintaining separation between personal and corporate assets to avoid personal liability.
The CMO Survey - Highlights and Insights Report - Spring 2024
Business law for managers 3 21-19
1. Business Law For Managers
Robert Kling
Business Student at Penn State Mont Alto
2. Highlights- Learn the Basics thru Lynda
Business Intellectual property law basics
How it connects to your job
Define Business Ethics
When to consult a lawyer
Proper protocol for tough situations
The Corporate Veil
3. Areas of Business Law
Common Law, Federal Law
Uniform Commercial Code, UCC
Governs the sale of goods in the United States
Contracts and Formations
Consumer fraud protection
Credit Protection
Some employment affairs
Operates at a local level and has been adopted by most states
Employment Law
4. Areas of Business Law (continued)
Intellectual Property
Names
Logos
Slogans
Creative works
Inventions
Anti-trust
Tax Law
Bankruptcy
Immigration
5. Employment Law 101
Americans with Disabilities Act, ADA
Age Discrimination in Employment Act
Fair Labor Standards Act, FLSA
Family and Medical Leave Act, FMLA
Right to privacy in the workplace (most states)
Additional laws vary from state to state
6. Torts and the court system
Civil wrong
Civil liability for a company relating to an employee, lawsuits
Injury
Slip and Fall
Medical and legal malpractice
Motor vehicle accidents
Product liability
7. Your role as a manager
Adhere to your companies code of ethics, report all violations
Harassment
Discrimination
Legal
Ethical
Follow your companies grievance procedure
Comply with employment regulations
Create a healthy and safe work environment
Document, document, document
When meeting with an employee about an issue make sure someone else is present
Report all incidence of concern to management
8. When to bring in a legal professional
Termination of and employee that:
Has access to trade secrets/sensitive information
Is a member of a protected class and claims discrimination
Excessive absences, even if it wasn’t under FMLA
Employment contract
Note: Always make sure that you have Human Resources involved, they know the
current rules you have to abide by.
9. The Ins and Outs of Liability
Wrongful termination claim, even in states that have employment at will
Equal Employment Opportunity Commission, EEOC
Discrimination, sex, race, color, national origin, religion, age, pregnancy, disability
Contractual breach
Damages could include, compensation, injunctive relief, punitive damages, attorney fees, and
even reinstatement
Harassment
Hostile work environment
Sexual advances/contact/requests
Religion
10. The Ins and Outs of Liability (continued)
FLMA
12 weeks of unpaid vacation for certain employees under certain conditions:
Working for at least 12 months
Worked at least 1,250 hours in the past 12 months
Company employs more than 50 people within a 75 mile radius
Pregnancy complications
FSLA
Establishes, minimum wage rates, overtime rates, child labor standards
Some exemptions
Stay in contact with HR, they will know the latest rules and regulations
11. Business Ethics
“Business ethics is the set of moral and ethical behavior standards each employee
must follow, outlined by a company regarding their business activity…”
Know how to spot ethics issues when they arise
Evaluate, e.g. racial slurs and sexually suggested remarks may be obvious, you need to be
able to spot more subtle problems
Clarify, check with others, especially HR, to make sure this is a violation
Determine, make the choice that you think is best
Take action based on that decision
Be an ethics hawk, maintain your own high standards
Know your companies code of ethics, follow the code, set the standards, and keep
records
12. The Corporate Veil
What is the Corporate Veil
“When a corporation or limited liability company, also known as an LLC, is filed under the law
of the state and/or country, that company is considered to be its own legal entity. This means
that it is separate from the owners, members, and shareholders who created it.”
Wrongdoing, piercing the corporate veil, managers of the corporation may be held
personally liable for the financial obligations of the company
No comingling of funds
Maintain corporate formalities
Maintain integrity
Don’t use company assets for personal use
Don’t purchase smaller companies in hopes of diverting your debts and liabilities to keep the
larger parent corporation safe
13. The Corporate Veil (continued)
The Corporate Veil and your role as manager
Uphold the standards of the corporation related to by laws, the code of ethics and
statuary laws that govern your position with the company and the people that you
manage
Ensure employees are not engaged in fraudulent activities
Maintain records of corporate meetings
14. Conclusion
This presentation is only meant to provide you with the highlights for this course.
Although you cannot become an expert in Business Law in a 1 hour video, this
course will point you in the right direction and possibly whet your appetite to learn
more.