This document summarizes the legislative agenda of the Teamsters union. It discusses bills related to surface transportation, homeland security issues, worker misclassification, and attacks on unions. Key bills covered include bills related to the transportation bill, the Mexican truck pilot program, the trans pacific partnership, and various anti-union legislation such as bills aimed at weakening the NLRB.
EVERFI/JL Webinar: New Sexual Harassment Training Mandates in New YorkMichele Collu
This document summarizes new sexual harassment legislation in New York and requirements for employers. It discusses expanded coverage to include non-employees, prohibitions on nondisclosure agreements and mandatory arbitration for harassment claims, requirements for model anti-harassment policies and annual interactive training for all employees by October 2018, and requirements for bids on state contracts to affirm compliant policies and training have been implemented. It also reviews similar measures passed in New York City with some enhancements like mandatory training for employers with 15+ employees beginning April 2019 and an expanded statute of limitations for harassment claims. The presentation aims to help employers understand and comply with the new laws.
The document discusses the case Environmental Defense Fund v. Hardin (1970), which established that environmental groups have standing to sue agencies that fail to regulate within a reasonable timeframe. It also established that agency inaction can be reviewed by courts. This expanded judicial oversight of agencies and incentivized more informal rulemaking procedures to avoid litigation, such as advisory opinions, memoranda, and negotiated rulemaking.
The 2013 Utah legislative session saw a record number of bills passed, with Republicans sponsoring the vast majority. Key issues addressed included education funding, air quality, and workforce readiness. Controversial bills concerning guns, taxes, trails and eminent domain failed to pass. Upcoming interim studies may examine product liability, telecom taxes, and other issues. Business groups are advised to stay informed and engaged to protect their interests as future legislation is considered.
This document discusses drivers of change that may impact access to justice in Canada, including the supply of and demand for legal services. It notes that most people cannot afford lawyers and represent themselves, and examines whether this is a supply issue. Specifically, it looks at how increasing numbers of law graduates, expanding roles of paralegals, and potential alternative business structures may influence access to justice and the delivery of legal services. While these changes could increase access, concerns are raised about impacts on small firms and protecting the public interest.
Promotional Compliance in the Life Sciences IndustryDarshan Kulkarni
This document outlines key information about developing a promotional compliance program, including potential legal and regulatory penalties organizations may face. It discusses laws like the False Claims Act, Anti-Kickback Statute, and Park Doctrine. It also summarizes the Synthes case where unauthorized clinical trials led to patient deaths and significant fines. The document stresses the importance of prevention through a well-designed compliance plan that includes standards, training, monitoring, and response procedures to ensure legal and ethical promotional practices.
Chapter 1 laws & their ethical foundation improvedJonah Howard
This document provides an overview of different types of laws and the ethical foundations of laws. It discusses how laws have evolved from individuals taking revenge to developing a court system. The four main sources of law are constitutions, statutes, case law, and administrative law. Criminal law addresses wrongs against society while civil law involves private disputes between individuals or organizations. Procedural law establishes how legal rights must be exercised while substantive law defines legal duties and rights. Business law covers rules that apply to business transactions. Ethics involve determining what is right or wrong based on consequences or established rules and authorities.
EVERFI/JL Webinar: New Sexual Harassment Training Mandates in New YorkMichele Collu
This document summarizes new sexual harassment legislation in New York and requirements for employers. It discusses expanded coverage to include non-employees, prohibitions on nondisclosure agreements and mandatory arbitration for harassment claims, requirements for model anti-harassment policies and annual interactive training for all employees by October 2018, and requirements for bids on state contracts to affirm compliant policies and training have been implemented. It also reviews similar measures passed in New York City with some enhancements like mandatory training for employers with 15+ employees beginning April 2019 and an expanded statute of limitations for harassment claims. The presentation aims to help employers understand and comply with the new laws.
The document discusses the case Environmental Defense Fund v. Hardin (1970), which established that environmental groups have standing to sue agencies that fail to regulate within a reasonable timeframe. It also established that agency inaction can be reviewed by courts. This expanded judicial oversight of agencies and incentivized more informal rulemaking procedures to avoid litigation, such as advisory opinions, memoranda, and negotiated rulemaking.
The 2013 Utah legislative session saw a record number of bills passed, with Republicans sponsoring the vast majority. Key issues addressed included education funding, air quality, and workforce readiness. Controversial bills concerning guns, taxes, trails and eminent domain failed to pass. Upcoming interim studies may examine product liability, telecom taxes, and other issues. Business groups are advised to stay informed and engaged to protect their interests as future legislation is considered.
This document discusses drivers of change that may impact access to justice in Canada, including the supply of and demand for legal services. It notes that most people cannot afford lawyers and represent themselves, and examines whether this is a supply issue. Specifically, it looks at how increasing numbers of law graduates, expanding roles of paralegals, and potential alternative business structures may influence access to justice and the delivery of legal services. While these changes could increase access, concerns are raised about impacts on small firms and protecting the public interest.
Promotional Compliance in the Life Sciences IndustryDarshan Kulkarni
This document outlines key information about developing a promotional compliance program, including potential legal and regulatory penalties organizations may face. It discusses laws like the False Claims Act, Anti-Kickback Statute, and Park Doctrine. It also summarizes the Synthes case where unauthorized clinical trials led to patient deaths and significant fines. The document stresses the importance of prevention through a well-designed compliance plan that includes standards, training, monitoring, and response procedures to ensure legal and ethical promotional practices.
Chapter 1 laws & their ethical foundation improvedJonah Howard
This document provides an overview of different types of laws and the ethical foundations of laws. It discusses how laws have evolved from individuals taking revenge to developing a court system. The four main sources of law are constitutions, statutes, case law, and administrative law. Criminal law addresses wrongs against society while civil law involves private disputes between individuals or organizations. Procedural law establishes how legal rights must be exercised while substantive law defines legal duties and rights. Business law covers rules that apply to business transactions. Ethics involve determining what is right or wrong based on consequences or established rules and authorities.
The Brown Act represents the legislature's determination of balancing public access to meetings of government bodies with the need for confidential discussions. Its purpose is to facilitate public participation in local government and curb secret legislation. The Act applies to state and local legislative bodies, including city councils and boards. It requires meeting notices, agendas, and that meetings be open except for limited closed sessions. Violations can result in actions being voided or criminal penalties. The Act aims to ensure transparency in government.
Legal Environment - International Business - Manu Melwin Joymanumelwin
Managers must be aware of the legal systems in the countries in which their firms operate, the basic nature of the legal profession (both domestic and international) and the legal relationships that exist between and among countries. Legal systems differ both in terms of the nature of the system and the degree of independence of the judiciary from the political process.
MLW Column __ 011215 __ Obama Exec Order ImmigrationJoseph Berman
President Obama's 2014 executive order that expanded deferred action programs for certain immigrants raises constitutional issues regarding the separation of powers between the executive and legislative branches. In response, 17 states sued the federal government, arguing that the president exceeded his authority. However, the order formalized an existing practice and prioritized deportations, which is within the president's enforcement discretion. While the order allows work authorization, the executive has authority to grant work permits. Ultimately, the issue involves political balancing between the branches, and the courts are reluctant to intervene in such political matters that are inherently within the legislative and executive powers.
Private security plays an important role in law enforcement today due to its size, widespread use, and crime prevention functions, though it also faces issues around lack of standards and oversight.
The document discusses several key federal labor and employment laws in the United States, including:
1. The National Labor Relations Act of 1935, which established the right of employees to unionize and collectively bargain.
2. The Fair Labor Standards Act of 1938, which set standards for minimum wage, overtime pay, recordkeeping, and child labor.
3. Title VII of the Civil Rights Act of 1964, which prohibited discrimination in employment based on race, color, religion, sex or national origin.
4. The Americans with Disabilities Act of 1990, which prohibits employment discrimination against qualified individuals with disabilities.
The document provides an overview of the purpose and requirements of these major federal statutes that form the
The document summarizes recent developments in antitrust legislation and oversight in the 113th United States Congress. There has been one change in leadership for both the Senate and House antitrust subcommittees. In the Senate, Amy Klobuchar now chairs the subcommittee. In the House, Spencer Bachus now chairs the subcommittee. The document outlines several antitrust bills that have been reintroduced from previous Congresses, including ones related to health insurance antitrust exemptions and removing antitrust exemptions for railroads. Only one bill, related to pandemic preparedness, has passed so far. Prospects for most other bills advancing are described as dim due to the divided Congress.
This is the second session of a three day course on economic sanctions related to Russia. It covers the financing restrictions from the US and EU sanctions generally.
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
Aila Urges Arizona Governor To Veto Unconstitutional And Overly Punitive Anti...bernard wolfsdorf
The American Immigration Lawyers Association strongly urges the governor of Arizona to veto a bill moving through the state legislature that would criminalize being an undocumented immigrant. The association argues the bill is unconstitutional, would authorize racial profiling, overwhelm local law enforcement, and hurt local economies. It also creates a private right for citizens to sue agencies for not fully enforcing immigration laws, opening those agencies to unreasonable litigation. The association warns similar bills could spread to other states and that comprehensive immigration reform by Congress is the best solution.
Employee whistleblower reward and retaliation claims under a range of laws, such as the Sarbanes-Oxley and Dodd-Frank Acts, are on the rise. Whistleblowers have recently obtained record jury verdicts and record awards, including a $30 million bounty from the SEC and a $6 million verdict in a SOX retaliation case.
This program addresses the latest developments in whistleblower rewards and retaliation laws including:
• Implications of recent record whistleblower awards, including a $30 million SEC bounty;
• Scope of protected whistleblowing under the Sarbanes-Oxley and Dodd-Frank Acts
• Drawing the lines of SOX coverage one year post-Lawson;
• Recent decisions on causation and same-decision defense, including Feldman and Speegle;
• SEC enforcement of Dodd-Frank anti-retaliation provision and SEC prohibition against gag clauses;
• OSHA enforcement trends; and
• Tips for encouraging internal reporting.
The document provides an overview of a seminar on effective state government lobbying. It discusses:
1) The seminar covers methods, strategies, and skills for effective lobbying at the state level in legislatures and executive agencies.
2) Key aspects of effective legislative lobbying covered include assessing political strength, building infrastructure, crafting bills, working with staff, using procedures, gaining support, and motivating lawmakers.
3) Effective executive agency lobbying focuses on rulemaking, appeals processes, and technical/expert aspects of influencing agency decisions.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This brown bag will examine issues that frequently arise in private sector whistleblower cases. The topics will include recent developments under the Sarbanes-Oxley and Dodd-Frank Acts, preserving retaliation claims while pursuing reward claims, choosing the optimal forum, minimizing claim splitting and claim preclusion risks, and exhausting administrative remedies.
The panel will explore in depth the fast-changing legal landscape for whistleblowers while offering practical insight on the latest issues. Topics covered will include: latest developments on forum and claim selection for relaxed burdens of proof; financial incentives and other remedies; managing thorny confidentiality issues; handling highly public whistleblower cases; contingent labor as whistleblowers; mandatory arbitration (or not); and key recent cases defining the scope of protected activities.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This panel of plaintiff attorneys will examine issues that frequently arise in whistleblower cases including:
Identifying whistleblower rewards claims and formulating a strategy to maximize damages
Litigating non-intervened FCA cases
The scope of protected conduct under the False Claims Act, the Sarbanes-Oxley Act and the Dodd-Frank Act
Preserving retaliation claims while pursuing reward claims
Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims
Key procedural distinctions between SOX, FCA and Dodd-Frank whistleblower protection
ICE out of California Implementation Guide Jennifer Rojas
This document provides guidance for advocates and organizers in California on pushing ICE out of the state. It begins with an overview of the California TRUST Act, which limits local law enforcement cooperation with ICE holds. It then discusses the Priority Enforcement Program (PEP-Comm), which replaced Secure Communities, noting PEP-Comm maintains problematic practices like fingerprint data sharing. The document aims to help communities enforce the TRUST Act and advocate for stronger "No ICE Hold" policies to further separate local law enforcement from immigration enforcement.
This document discusses the statutory authority that agencies derive from legislation passed by Congress. It explains that agencies must act within the specific grants of authority given by statutes and that exceeding this scope of authority is considered ultra vires. Statutes may give single agencies authority or multiple agencies authority over different aspects of the same law. Statutes often use vague language, giving agencies significant discretion in interpretation, which can be influenced by both technical and political factors. Court cases set precedent on reviewing agency actions and interpretations to ensure they do not exceed statutory authority.
The document discusses the outlook for the global economy and financial markets in 2016. It makes the following key points:
1) The global economy is transitioning from a period dominated by US growth to a more balanced growth environment across developed and emerging economies. This "Great Rebalancing" began in 2015 and is expected to continue in 2016, leading to more convergence in economic outcomes.
2) Growth is expected to be similar across major developed economies in 2016, including the US, Europe, Japan, and UK, marking a change from recent years where the US significantly outpaced other regions.
3) European and Japanese equities are expected to outperform US equities in 2016, driven by expectations for stronger earnings growth
QuickPOS is dealing with Special Offer on several POS Hardware Equipmentquickpos
Discover the latest Special Offers and get the best rates on all POS Hardware Equipment.
We are leading POS seller based in Sydney, Point of SALE on several products like Cash Registers, Cash Drawer, Label & Thermal Printers of the well knownAustralian brands Sharp, NEXA, Epson, Casio, SAM4s, Zebra. Browse our POS Store and place order NOW to get special discounts.
OnlyPOS is a leading Australian supplier of point of sale hardware, equipment, and consumables from various brands like Epson, Casio, and Citizen. They offer customized products at affordable rates with free shipping across Australia. Customers can browse featured products, buy cash drawers and registers, and contact OnlyPOS for any queries.
HTML5 is the new standard for HTML that aims to reduce the need for plugins like Flash. It was developed through cooperation between the W3C and WHATWG. Key features of HTML5 include built-in support for video, audio, canvas drawing, drag and drop functionality, and geolocation. It also introduces new form input types and attributes to improve the user experience.
- Railroad retirement benefits are generally higher than social security benefits, especially for career railroad employees, due to higher payroll taxes.
- In 2008, the average career railroad retiree received $2,510 per month compared to $1,085 under social security. Spouse benefits also averaged higher under railroad retirement.
- Railroad employees can receive benefits earlier than under social security - at age 60 with 30 years of service with no reduction, compared to age 62 under social security.
This document summarizes the activities of a school field trip led by Eric. It describes hiking for 4 hours which was difficult for the author due to falling and getting stuck in mud. It also discusses a night walk, rock climbing which the author was initially scared of but completed, teaching English to Chinese children which was stressful, camping and dealing with mosquitos and cockroaches, cave exploring where one student was knocked out, and washing muddy shoes at the end of the trip. The author reflects on growing in tenacity and patience through overcoming challenges during the various activities.
The Brown Act represents the legislature's determination of balancing public access to meetings of government bodies with the need for confidential discussions. Its purpose is to facilitate public participation in local government and curb secret legislation. The Act applies to state and local legislative bodies, including city councils and boards. It requires meeting notices, agendas, and that meetings be open except for limited closed sessions. Violations can result in actions being voided or criminal penalties. The Act aims to ensure transparency in government.
Legal Environment - International Business - Manu Melwin Joymanumelwin
Managers must be aware of the legal systems in the countries in which their firms operate, the basic nature of the legal profession (both domestic and international) and the legal relationships that exist between and among countries. Legal systems differ both in terms of the nature of the system and the degree of independence of the judiciary from the political process.
MLW Column __ 011215 __ Obama Exec Order ImmigrationJoseph Berman
President Obama's 2014 executive order that expanded deferred action programs for certain immigrants raises constitutional issues regarding the separation of powers between the executive and legislative branches. In response, 17 states sued the federal government, arguing that the president exceeded his authority. However, the order formalized an existing practice and prioritized deportations, which is within the president's enforcement discretion. While the order allows work authorization, the executive has authority to grant work permits. Ultimately, the issue involves political balancing between the branches, and the courts are reluctant to intervene in such political matters that are inherently within the legislative and executive powers.
Private security plays an important role in law enforcement today due to its size, widespread use, and crime prevention functions, though it also faces issues around lack of standards and oversight.
The document discusses several key federal labor and employment laws in the United States, including:
1. The National Labor Relations Act of 1935, which established the right of employees to unionize and collectively bargain.
2. The Fair Labor Standards Act of 1938, which set standards for minimum wage, overtime pay, recordkeeping, and child labor.
3. Title VII of the Civil Rights Act of 1964, which prohibited discrimination in employment based on race, color, religion, sex or national origin.
4. The Americans with Disabilities Act of 1990, which prohibits employment discrimination against qualified individuals with disabilities.
The document provides an overview of the purpose and requirements of these major federal statutes that form the
The document summarizes recent developments in antitrust legislation and oversight in the 113th United States Congress. There has been one change in leadership for both the Senate and House antitrust subcommittees. In the Senate, Amy Klobuchar now chairs the subcommittee. In the House, Spencer Bachus now chairs the subcommittee. The document outlines several antitrust bills that have been reintroduced from previous Congresses, including ones related to health insurance antitrust exemptions and removing antitrust exemptions for railroads. Only one bill, related to pandemic preparedness, has passed so far. Prospects for most other bills advancing are described as dim due to the divided Congress.
This is the second session of a three day course on economic sanctions related to Russia. It covers the financing restrictions from the US and EU sanctions generally.
This document discusses judicial review of administrative agencies. It summarizes two landmark Supreme Court cases - Citizens to Preserve Overton Park v. Volpe and Chevron v. Natural Resources Defense Council. In Overton Park, the Court established that agency actions are subject to judicial review and remanded the case back to the agency to provide justification. In Chevron, the Court created the "reasonable interpretation" standard, requiring courts to defer to any reasonable agency interpretation if the law is ambiguous. These cases shaped the development of the "hard look doctrine" and increased judicialization and procedural requirements for agencies.
Aila Urges Arizona Governor To Veto Unconstitutional And Overly Punitive Anti...bernard wolfsdorf
The American Immigration Lawyers Association strongly urges the governor of Arizona to veto a bill moving through the state legislature that would criminalize being an undocumented immigrant. The association argues the bill is unconstitutional, would authorize racial profiling, overwhelm local law enforcement, and hurt local economies. It also creates a private right for citizens to sue agencies for not fully enforcing immigration laws, opening those agencies to unreasonable litigation. The association warns similar bills could spread to other states and that comprehensive immigration reform by Congress is the best solution.
Employee whistleblower reward and retaliation claims under a range of laws, such as the Sarbanes-Oxley and Dodd-Frank Acts, are on the rise. Whistleblowers have recently obtained record jury verdicts and record awards, including a $30 million bounty from the SEC and a $6 million verdict in a SOX retaliation case.
This program addresses the latest developments in whistleblower rewards and retaliation laws including:
• Implications of recent record whistleblower awards, including a $30 million SEC bounty;
• Scope of protected whistleblowing under the Sarbanes-Oxley and Dodd-Frank Acts
• Drawing the lines of SOX coverage one year post-Lawson;
• Recent decisions on causation and same-decision defense, including Feldman and Speegle;
• SEC enforcement of Dodd-Frank anti-retaliation provision and SEC prohibition against gag clauses;
• OSHA enforcement trends; and
• Tips for encouraging internal reporting.
The document provides an overview of a seminar on effective state government lobbying. It discusses:
1) The seminar covers methods, strategies, and skills for effective lobbying at the state level in legislatures and executive agencies.
2) Key aspects of effective legislative lobbying covered include assessing political strength, building infrastructure, crafting bills, working with staff, using procedures, gaining support, and motivating lawmakers.
3) Effective executive agency lobbying focuses on rulemaking, appeals processes, and technical/expert aspects of influencing agency decisions.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This brown bag will examine issues that frequently arise in private sector whistleblower cases. The topics will include recent developments under the Sarbanes-Oxley and Dodd-Frank Acts, preserving retaliation claims while pursuing reward claims, choosing the optimal forum, minimizing claim splitting and claim preclusion risks, and exhausting administrative remedies.
The panel will explore in depth the fast-changing legal landscape for whistleblowers while offering practical insight on the latest issues. Topics covered will include: latest developments on forum and claim selection for relaxed burdens of proof; financial incentives and other remedies; managing thorny confidentiality issues; handling highly public whistleblower cases; contingent labor as whistleblowers; mandatory arbitration (or not); and key recent cases defining the scope of protected activities.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This panel of plaintiff attorneys will examine issues that frequently arise in whistleblower cases including:
Identifying whistleblower rewards claims and formulating a strategy to maximize damages
Litigating non-intervened FCA cases
The scope of protected conduct under the False Claims Act, the Sarbanes-Oxley Act and the Dodd-Frank Act
Preserving retaliation claims while pursuing reward claims
Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims
Key procedural distinctions between SOX, FCA and Dodd-Frank whistleblower protection
ICE out of California Implementation Guide Jennifer Rojas
This document provides guidance for advocates and organizers in California on pushing ICE out of the state. It begins with an overview of the California TRUST Act, which limits local law enforcement cooperation with ICE holds. It then discusses the Priority Enforcement Program (PEP-Comm), which replaced Secure Communities, noting PEP-Comm maintains problematic practices like fingerprint data sharing. The document aims to help communities enforce the TRUST Act and advocate for stronger "No ICE Hold" policies to further separate local law enforcement from immigration enforcement.
This document discusses the statutory authority that agencies derive from legislation passed by Congress. It explains that agencies must act within the specific grants of authority given by statutes and that exceeding this scope of authority is considered ultra vires. Statutes may give single agencies authority or multiple agencies authority over different aspects of the same law. Statutes often use vague language, giving agencies significant discretion in interpretation, which can be influenced by both technical and political factors. Court cases set precedent on reviewing agency actions and interpretations to ensure they do not exceed statutory authority.
The document discusses the outlook for the global economy and financial markets in 2016. It makes the following key points:
1) The global economy is transitioning from a period dominated by US growth to a more balanced growth environment across developed and emerging economies. This "Great Rebalancing" began in 2015 and is expected to continue in 2016, leading to more convergence in economic outcomes.
2) Growth is expected to be similar across major developed economies in 2016, including the US, Europe, Japan, and UK, marking a change from recent years where the US significantly outpaced other regions.
3) European and Japanese equities are expected to outperform US equities in 2016, driven by expectations for stronger earnings growth
QuickPOS is dealing with Special Offer on several POS Hardware Equipmentquickpos
Discover the latest Special Offers and get the best rates on all POS Hardware Equipment.
We are leading POS seller based in Sydney, Point of SALE on several products like Cash Registers, Cash Drawer, Label & Thermal Printers of the well knownAustralian brands Sharp, NEXA, Epson, Casio, SAM4s, Zebra. Browse our POS Store and place order NOW to get special discounts.
OnlyPOS is a leading Australian supplier of point of sale hardware, equipment, and consumables from various brands like Epson, Casio, and Citizen. They offer customized products at affordable rates with free shipping across Australia. Customers can browse featured products, buy cash drawers and registers, and contact OnlyPOS for any queries.
HTML5 is the new standard for HTML that aims to reduce the need for plugins like Flash. It was developed through cooperation between the W3C and WHATWG. Key features of HTML5 include built-in support for video, audio, canvas drawing, drag and drop functionality, and geolocation. It also introduces new form input types and attributes to improve the user experience.
- Railroad retirement benefits are generally higher than social security benefits, especially for career railroad employees, due to higher payroll taxes.
- In 2008, the average career railroad retiree received $2,510 per month compared to $1,085 under social security. Spouse benefits also averaged higher under railroad retirement.
- Railroad employees can receive benefits earlier than under social security - at age 60 with 30 years of service with no reduction, compared to age 62 under social security.
This document summarizes the activities of a school field trip led by Eric. It describes hiking for 4 hours which was difficult for the author due to falling and getting stuck in mud. It also discusses a night walk, rock climbing which the author was initially scared of but completed, teaching English to Chinese children which was stressful, camping and dealing with mosquitos and cockroaches, cave exploring where one student was knocked out, and washing muddy shoes at the end of the trip. The author reflects on growing in tenacity and patience through overcoming challenges during the various activities.
The document provides steps for buying a new home including determining a budget, getting pre-approved for a mortgage, deciding on a mortgage type, making an offer, and closing on the purchase. Key steps are getting pre-approved, which makes a buyer more attractive than just being pre-qualified; considering factors like neighborhood, school system, and transportation when choosing a home; and using an agent's online tools and expertise to find the right property and complete the purchase.
The document announces that effective January 1, 2013, vision plan benefits for railroad employees will be provided by EyeMed Vision Care instead of VSP. There will be no changes to plan design but some enhancements, including a larger provider network, ID cards for members, and increased discounts. Retirees will have access to a discount plan through EyeMed providers. In November, employees will receive information about the transition to EyeMed, and in January they will receive ID cards and details on their EyeMed benefits and providers.
Labor laws change with every administration, and as an employer, keeping up to date is a necessary burden. G. Mark Jodon of Littler Mendelson discusses what has happened and what can be expected during President Obama's administration in terms of labor and employment legislative and executive initiatives. He explores the administration's priorities from both a regulatory and a legislative perspective.
- FIRST EXAM SPRING 20201. Describe how the view of operations.docxgertrudebellgrove
- FIRST EXAM SPRING 2020
1. Describe how the view of operations as a process can be applied to the following:
a. Acquisition of another company
b. Marketing Research for a New Product
c. Design of an Information System
2. An operations manager was heard complaining
“My boss never listens to me ----- all the boss wants from me is to avoid making waves. I rarely get any capital to improve operations. Also, we do not have weekly, biweekly or even monthly meetings with our product managers, supply chain department, customer service or the sales department. We only meet with the accounting and finance departments when there are issues with the monthly budgets. Furthermore, our department has interacted with information service department about four times in past fiscal year”
Please assess the following:
a. Whether this business has a business strategy ?
b. Does it have an operations strategy?
c. What would you recommend?
3. Firm A has recorded the following costs in 2018:
Incoming materials and inspection $20,000
Training of Personnel $40,000
Warranty $45,000
Process Planning $15,000
Scrap $13,000
Quality Laboratory $30,000
Rework $25,000
Allowances $10,000
Complaints $14,000
a. What are the Prevention, Appraisal, Internal Failure and External Failure costs?
b. What inferences can you draw on Quality Measures taken by Firm A?
c. What would you recommend to improve quality programs in Firm A?
d. What initiatives should Firm A implement for 2019 and 2020?
4. Please explain the House of Quality (QFD) as discussed in class.
5. A certain process is under statistical control and has a mean value of 130 and a standard deviation of 8. The specifications for the process are:
a. USL (upper specification limit) = 150
b. LSL(lower specification limit) =100
a. Calculate the cp and cpk
b. Which of these indices is a better measure of process capability and why?
c. Assuminng a normal distribution what percentage of output is expected to fall ourside the specification. Why is it important to know this?
d. What would you recommend?
2
Chapter 7
Government Ethics
and the Law
William A. Myers, Ph.D.
Learning Objectives (1 of 2)
• Describe some of the reasons why there has
been a loss of trust in government.
• Explain the purpose of various government
committees on ethics.
• Discuss how public policy protects the rights of
citizens.
Learning Objectives (2 of 2)
• Describe federal laws designed to protect each
individual’s rights.
• Explain the concept of political malpractice.
• Understand the importance of ethics in public
service.
Let every American, every lover of liberty, every
well wisher to his posterity, swear by the blood
of the Revolution, never to violate in the least
particular, the laws of the country; and never to
tolerate their violation by others.
—Abraham Lincoln
Executive Branch:
U.S. Office of Government Ethics
• Exercises leadership ...
- FIRST EXAM SPRING 20201. Describe how the view of operations.docxgertrudebellgrove
- FIRST EXAM SPRING 2020
1. Describe how the view of operations as a process can be applied to the following:
a. Acquisition of another company
b. Marketing Research for a New Product
c. Design of an Information System
2. An operations manager was heard complaining
“My boss never listens to me ----- all the boss wants from me is to avoid making waves. I rarely get any capital to improve operations. Also, we do not have weekly, biweekly or even monthly meetings with our product managers, supply chain department, customer service or the sales department. We only meet with the accounting and finance departments when there are issues with the monthly budgets. Furthermore, our department has interacted with information service department about four times in past fiscal year”
Please assess the following:
a. Whether this business has a business strategy ?
b. Does it have an operations strategy?
c. What would you recommend?
3. Firm A has recorded the following costs in 2018:
Incoming materials and inspection $20,000
Training of Personnel $40,000
Warranty $45,000
Process Planning $15,000
Scrap $13,000
Quality Laboratory $30,000
Rework $25,000
Allowances $10,000
Complaints $14,000
a. What are the Prevention, Appraisal, Internal Failure and External Failure costs?
b. What inferences can you draw on Quality Measures taken by Firm A?
c. What would you recommend to improve quality programs in Firm A?
d. What initiatives should Firm A implement for 2019 and 2020?
4. Please explain the House of Quality (QFD) as discussed in class.
5. A certain process is under statistical control and has a mean value of 130 and a standard deviation of 8. The specifications for the process are:
a. USL (upper specification limit) = 150
b. LSL(lower specification limit) =100
a. Calculate the cp and cpk
b. Which of these indices is a better measure of process capability and why?
c. Assuminng a normal distribution what percentage of output is expected to fall ourside the specification. Why is it important to know this?
d. What would you recommend?
2
Chapter 7
Government Ethics
and the Law
William A. Myers, Ph.D.
Learning Objectives (1 of 2)
• Describe some of the reasons why there has
been a loss of trust in government.
• Explain the purpose of various government
committees on ethics.
• Discuss how public policy protects the rights of
citizens.
Learning Objectives (2 of 2)
• Describe federal laws designed to protect each
individual’s rights.
• Explain the concept of political malpractice.
• Understand the importance of ethics in public
service.
Let every American, every lover of liberty, every
well wisher to his posterity, swear by the blood
of the Revolution, never to violate in the least
particular, the laws of the country; and never to
tolerate their violation by others.
—Abraham Lincoln
Executive Branch:
U.S. Office of Government Ethics
• Exercises leadership .
41920161Competencies1.Describe the reasons employe.docxpriestmanmable
4/19/2016
1
Competencies
1.Describe the reasons employees join unions, and analyze the
statistics and trends of union membership.
2.Explain the goals and content of major U.S. legislation affecting
labor relations.
3.Define craft and industrial unions, and outline the sequence of
events in organizing and certifying or decertifying a union.
4.Describe how unions are adapting and changing as they look
to the future.
Managing Hospitality Human Resources
Chapter 10: Labor Unions
SOLIDARITY!
Unionization in the Hospitality Industry
• Unions
– Organizations comprised of employees who act together to promote and protect their mutual interests through collective bargaining.
• Labor contract (CBA)
– A written agreement covering a specific time that spells out management’s expectations for employees, and limits to management’s authority
Reasons Employee Join Unions
• They believe unions will help them accomplish
goals such as economic security
• They are dissatisfied with current job conditions,
e.g., layoffs
• They are dissatisfied with management, i.e., not
pay
• Employees often believe that union
representation will increase their control over the
workplace and protect them from unfair and
abusive managers
Statistics and Trends
• Union membership peaked in 1945
– With 35.8 percent of the non-agricultural work force in the
U.S. belonging to unions
• % of the work force belonging to unions has steadily
declined since 1945
– by 2009 it was 12.3 percent.
Why???
• Recent growth in membership
– public employees and teachers
Statistics and Trends (continued)
• Today, over 1/2 of unionized workers in the US (7.9
million) work for local, state, or federal government
• Union certification and decertification elections in
the hospitality indicate current decline in
membership will continue.
• Hotel Unionization most common in 12 states
– California, Pennsylvania, New York, Nevada, Washington,
Illinois, Ohio, Hawaii, New Jersey, Florida, Michigan, and
Massachusetts
• Restaurant Unionization most common in 8 states
– California, Pennsylvania, New York, Washington, Illinois,
Ohio, Michigan, and Oregon.
4/19/2016
2
Legislation Affecting Labor Relations
• The Wagner Act
• The Taft-Hartley Act
• The Landrum-Griffin Act
• The Civil Service Reform Act
• Worker Adjustment and Retraining
Notification Act (WARN)
The Wagner Act
• Gave employees the legally protected rights to
organize, strike, and engage in collective bargaining
through an elected representative.
• Created National Labor Relations Board (NLRB)
which prohibits employers from:
1. Interfering with or coercing employees to discourage
them from forming or joining unions
2. Attempting to dominate or influence the operation of
unions
3. Discriminating based on union membership or activity
4. Retaliating against employees who file unfair labor
practice charges with the NLRB
5. Failing to bargain in good faith
The Taft-Hartley Act
• In 1947, th.
The document summarizes the development of administrative law in the United States from 1776 to present. It discusses key milestones like the creation of agencies like the Interstate Commerce Commission in 1887 and expansion of agency power during the New Deal. It also covers the delegation doctrine, which allows Congress to delegate legislative powers to agencies, and important court cases like Panama Refining Co. v. Ryan and A.L.A. Schechter Poultry Corp. v. United States that struck down unlimited delegations that lacked standards. The principles of separation of powers and federalism are also discussed in relation to administrative agencies.
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1. Teamsters Legislative Agenda
Presented By
Fred McLuckie
Director
Department of Federal Legislation and
Regulation
2. Does It Make a Difference Who’s in
Charge?
• Congressional Approval Rating – 11%
• All Politicians Are the Same
• Throw All the Bums Out!
• Don’t Worry – Be Happy!
• We Have a Backstop – the Democratic Senate and the WH
• Nothing Bad Can Happen. Right?
3. Surface Transportation Bill
• H.R. 7 (Written by Rs) • S. 1813 (Bipartisan bill)
– Eliminates transit funding stream – Keeps current HTF source
– Eliminates hazmat training
– “Buy American” loopholes – Provides broader range
– Abrogates CBAs – Strengthens “Buy American”
– Guarantees losses for private – No provision
contractor – No Provision
– Eliminates FLSA protections
– Displaces state employees – No provision
– Increases truck size/weights – No provision
– Makes permanent 5,000 hazmat – Two-year study
exemptions – No provision
4. Noteworthy Provisions
• Rulemaking for EOBRs
• Drug and Alcohol Clearinghouse
• Buy American loopholes closed
• State Reporting of Foreign commercial driver convictions (cmv and
non-cmv)
• Teamster membership on MCSAC
• Expanded Hazmat training
• Scrutinizes Reincarnated Carriers
• Pre-Authority Safety Audits for Motor Coach companies
6. MX Truck Pilot Program
• Start Date – October 21, 2011
• First Carrier – Transporte Olympics ( 1t/2d)
• 33% OOS rate after 7 inspections/trips
• Total of 3 carriers (3 trucks/4 drivers)
• 17 MX carriers with pending operating authority – Must pass Pre-Authority
Safety Audit (PASA)
• Grupo Behr – violated operating authority – 6 mo. Suspension
• Reciprocity for U.S. Carriers???
• MX Trucks Won’t Meet Environmental Standards
• Lawsuit Pending – U.S. Court of Appeals – D.C. Circuit
7. Homeland Security Issues
Smuggling Drugs, Guns and Cash
• Agents Arrest Six in Drug Bust • Cocaine Seized From Tractor
- Charlotte, NC Worth $3.52m
• Port Officers Seize large cache • CBP Officers Seize Tractor
of Ammo Trailer Loaded With Marijuana
• Mexican Soldiers Seize Rig and • U.S. Updates Travel Warning
Drugs for Mexico
• In Mexico, 12,000 Killed in
Drug Violence in 2011
8. Trans Pacific Partnership (TPP)
• Mega NAFTA-type trade deal
• Nine countries – Australia, Brunei, Chile, Malaysia, New
Zealand, Peru, Singapore, United States and Vietnam
• China, Russia, Indonesia, Japan, Canada and Mexico want in
• Negotiated in secret – but 600 corporate “advisors” have
access
9. TPP
• Most of text has nothing to do with trade
• Imposes limits on domestic food safety, health, environment and other
polices
• Contains a set of extreme foreign investor privileges and rights
• “Buy American” standards gone!
• Pharmaceutical patent rights extended
• Corporations can challenge any country’s laws that get in their way
10. TPP
• Strategy to defeat TPP:
– Slow down the negotiation process
– Peel back veil of secrecy
– Show how it impacts countries’ sovereignty
– Protests at negotiating rounds
11. Worker Misclassification Cheats Everyone
• Workers are cheated out of vital benefits and protections.
• Responsible employers are cheated out of business
opportunities.
• Federal and state governments are cheated out of billions of
dollars in needed revenue.
12. Recommendations to “Make it Right”
• Close the loophole: reform safe harbor provisions
in Section 530 of the IRC.
• Increase transparency and enforcement.
• Strengthen record-keeping requirement.
• Stronger penalties for willful misclassification.
13. Pursue a Two-Prong Approach
• Attack misclassification from the tax cheat angle (IRS).
– S.2145/ H.R. 4123 – Fair Playing Field Act of 2012
• Tackle the problem through robust labor law enforcement
(FLSA).
– S. 770 – Payroll Fraud Prevention Act
– H.R. 3178 – Employee Misclassification Prevention Act
14. The RESPECT Act (S. 2168)
• NLRA gives private sector workers the right to organize,
but excludes supervisors from coverage.
• The NLRA [sec.2 (11)] defines “supervisor” as a person
who has the authority to:
“hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees, or responsibly to
direct them, or to adjust their grievances, or effectively to
recommend such action, if …not of a merely routine or clerical
nature, but requires independent judgment.”
15. NLRB Acts to Significantly Expand Who is a
Supervisor
• October 2006, NLRB issued a decision on 3 cases, collectively known as Kentucky
River that significantly expands the number of workers who could be classified as
supervisors. (Kentucky River = Oakwood Healthcare, Crest Healthcare Center, Croft
Metals)
• Board relied heavily on 2 of the 12 criteria in the definition of supervisor – the
phrases “assign” and “responsibly to direct”. Dramatically expanded scope of these
terms.
• Board also held that worker who spends as little as 10% of his/her time in a
supervisory capacity could be deemed a supervisor.
• Sweeps those workers who exercise lone minor sporadic supervisory authority into a
dramatically expanded definition of who is a supervisor.
16. The RESPECT Act (S. 2168)
• S. 2168 makes 2 modest corrections to the NLRA to: (1) Restore the
law to original intent (2) Protect key workplace rights of employees
who are not and have never previously been viewed as supervisors.
• S. 2168 eliminates the term “assign” and “responsibly to direct” from
list of supervisory duties.
• Only those with real authority to affect employee’s terms of
employment could be classified as supervisors.
• It requires that an employee have supervisory duties during a majority
of his or her work time to be considered a true supervisor.
17. H.R. 2587 – “Protecting Jobs from
Government Interference Act”
• Supporters claim the bill eliminates “government interference.”
• What the bill really does:
– Eviscerates the ability of the National Labor Relations Board (NLRB) to
provide basic protections for working men and women under the National
Labor Relations Act.
– Prohibits the NLRB from ordering any employer to close, relocate, or transfer
employment under any circumstances.
– Changed the rules mid-trial to benefit a particular Fortune 500 company,
Boeing.
18. HR 3094 – The Workforce Democracy and Fairness
Act
• H. R. 3094 purports to maintain the status quo with respect to
elections supervised by the NLRB. However, it does no such thing.
• The bill is designed to interfere with the ability of workers to freely
choose to form a union and to do so in a timely fashion.
• It would further give employers the upper hand by creating new
opportunities for delay.
• It would expand opportunities to run one-sided, anti-union campaigns
(legal and illegal) to discourage workers in their organizing efforts.
19. HR 3094 – The Workforce Democracy and
Fairness Act
• Mandates a delay in union elections by requiring that
workers wait at least 35 days after a petition for election
has been filed to hold a vote.
• But no limit on how long an election may be delayed
because of employer claims, challenges, appeals, and
litigation.
• Allows employers to indefinitely delay scheduling of
election. (Marathon pre-election hearings, requiring
findings on extraneous issues, frivolous litigation.)
20. Anti-Worker/ Anti Union Attacks: Frontal
Assaults & Infiltration
• Weaken/Gut the National Labor Relations Act and Other Worker Protections
• Cripple the Ability of the NLRB, OSHA, DOL and Other Agencies to function
and to enforce the Law (weak as it is.)
• Attacks on the NLRA/NLRB go to the heart of the philosophy that workers
should be free to choose.
• Prior to, and since its enactment in 1935, the Chamber of Commerce has
vigorously opposed the NLRA and sought to eliminate, or weaken, it.
Nothing has changed.
• The weapons: legislation, policy riders, defunding, politics, elections.
21. Anti-Worker/ Anti Union Attacks: Frontal
Assaults & Infiltration
• Weaken or eliminate the right to form a union and bargain collectively.
• Increasing misclassification of workers.
• Eliminate meaningful remedies available to workers. Make it easier for
companies to outsource jobs oversees.
• Interfere with the ability of workers to freely choose to form a union and to do
so in a timely manner.
• Abolish the NLRB and transfer “functions” to the Office of Labor
Management Standards (at DOL) and to the Department of Justice.
• National Right to Work (for Less) legislation.
22. Anti-Worker/ Anti Union Attacks: Frontal
Assaults & Infiltration
• Anti-salting legislation.
• Allow states to outlaw unions unless a majority votes for a union by
secret ballot.
• Outlaw card check – prospectively and retroactively.
• Prohibit pre-emption of state laws by the NLRB.
• A “reverse” decertification procedure – require a secret ballot vote to
continue union representation every 3 years.
• Give non-union members the same rights as union members to vote on a
collective bargaining agreement and to vote on a strike or other work
stoppage.
23. Anti-Worker/ Anti Union Attacks: Frontal
Assaults & Infiltration
• A “reverse” Beck type procedure for union dues other than
costs of collective bargaining. Rather than “opt out” and
pay an agency fee (v. union dues) a worker would have to
affirmatively “opt in”.
• Mandate strike votes by all employees who would be
affected by the strike with the vote conducted by a neutral,
private organization, jointly chosen by the employer and
employee.
• Require a majority of all employees not just those voting
to choose to join a union. (The old NMB election rule.)
24. Anti-Worker/ Anti Union Attacks: Frontal
Assaults & Infiltration
• Prohibit the NLRB from requiring an employer to provide the Board or a
labor organization with employee telephone numbers or e-mail addresses.
• Declare everyone a supervisor!
• Eliminate Davis-Bacon prevailing wage.
• Eliminate Service Contract Act prevailing wage and successor provisions.
• Eliminate federal minimum wage requirements or permit states to opt out.
25. Anti-Worker/ Anti Union Attacks: Frontal
Assaults & Infiltration
• Hamstring OSHA’s ability to issue standards to
protect workers and to enforce workplace safety
and health.
• Erode overtime protections. Expand exemptions
for coverage. Comp time.
• And, then there are the attacks to come on
appropriations bills this year !!
26. Attacks on Worker Rights & Protections & the NLRB in Funding
Bills - Expect Them Again This Year
• The war on workers intensified last year with attacks
coming in the form of anti-worker legislation,
amendments, and policy riders to funding bills for fiscal
year 2012.
• With respect to Fiscal Year 2012 Appropriations bills for
Agriculture, Energy-Water Development, and Interior, a
series of amendments to eliminate Davis-Bacon and
Service Contract Act coverage and to block the President’s
executive order, and thus the use of project labor
agreements, on federally assisted construction projects
were offered and, fortunately, defeated.
27. Attacks on Worker Rights & Protections & the NLRB in
Funding Bills - Expect Them Again This Year
• The broadest and most intense assault on worker protections
came in the Labor/HHS/Education Appropriations Bill
introduced in the House by Representatives Denny Rehberg
and Hal Rogers.
• Made steep cuts in most worker protection and enforcement
programs, including the NLRB.
• Also included numerous policy riders (a number of which are
drawn from H.R. 2587 and H.R. 3094) to block the DOL and
the NLRB from going forward with various rules and
initiatives.
28. Attacks on Worker Rights & Protections & the NLRB in
Funding Bills - Expect Them Again This Year
National Labor Relations Board:
• Filing & Processing of petitions – blocks proposed rulemaking regarding the
timing and scope of representations hearings (and consequently the timing of
elections).
• Employee Rights – prohibits the use of funds for implementation or
enforcement of the final rule governing the notification of employee rights
• NLRA coverage – Prohibits the use of funds for the exercise of jurisdiction by
the NLRB over any entity that meets the definition of a small business concern
under the CFR (re: sm. biz. size regulations). This would virtually gut worker
rights and protections under the NLRA (a sm. biz. could be as large as 500 –
1000 employees).
29. Attacks on Worker Rights & Protections & the NLRB in
Funding Bills - Expect Them Again This Year
Department of Labor:
• Wage & Hour Division – prohibits the use of funds for the continued development or
promulgation of Right to Know under the FLSA regulation, adversely impacting the
DOL’s worker misclassification initiative.
• LMRDA – blocks the promulgation or implementation of a final rule relating to
employer and labor relations consultant reporting under the LMRDA, i.e. the
proposed rulemaking re: interpretations of advice (transparency re: union-busting
activity).
• OSHA – no funds for continuing work on the MSD recording and reporting
requirements, the Injury and Illness Prevention Program (identification and correction
of workplace hazards on an ongoing basis), and residential roof falls prevention.
30. Attacks on Worker Rights & Protections & the NLRB in
Funding Bills - Expect Them Again This Year
Department of Labor:
• Department-Wide – prohibits the use of funds for any activity related
to “significant regulatory action” as defined by E.O. 12866 unless
Approps. Committees notified 30 days prior.
• Other - The bill also prohibits the use of funds to implement,
administer or enforce final Federal Acquisition Regulations regarding
the use of project labor agreements for federal construction projects
published by DOD, GSA and NASA.
31. Overall Federal Income Tax Rates on Millionaires
1997 – Capital gains tax
rate lowered from 28% to
20%
2001 – First Bush tax cuts
lower top marginal rates
from 39.6% to 35%
2003 – Second Bush tax
cuts, reduce capital gains
and dividend taxes to
15%
32. The “Buffett Rule”
• Paying a Fair Share Act of 2012., sponsored by Senator Sheldon
Whitehouse (D-RI).
• Requires that all households with incomes above $1 million pay at least a
30 percent minimum tax rate.
• Failed to pass Senate by vote of 51 – 45, Pryor and Collins broke rank.
33. Stop the War on Workers!
“We didn't start this war – the right wing did. My
comments on Labor Day in Detroit echo the anger
and frustration of American workers who are
under attack by corporate-funded politicians who
want to destroy the middle class. This fight is
about the economy, it’s about jobs, and its about
rebuilding America…we all have to vote to take
these anti-worker politicians out of office.”
- JPH, September 2011