Employment Laws and Regulation Essay -- Business Law

Introduction The American employment laws are designed to foster human dignity and in the process provide employees with various tangible benefits. It is therefore expected for employees to be on the forefront in supporting and adhering to them. Likewise if an organization applies effectively these laws, it can benefit massively from dynamic, healthy, motivated, and productive employees. It therefore goes without saying that managers, just like employees, should promote these laws and thus ensures the organization conforms to them. Generally these laws govern the workplace actions of employers and employees. It ensures a fruitful and legally conducive environment and relationship exists between these two parties, and within employees themselves. Violating them cannot only put the organization effectiveness on jeopardy or defying employee employment at risk, but also it can lead to serious legal repercussion (Yamada, 2008). Re-emphasizing on specific employment related laws is of paramount importance considering Pomodoro Ltd recently subsumed Thompson snack. Such restructuring might affect directly employment positions of various employees. As such, keen interest should be paid on laws relating to wage and salaries, and unemployment compensation. In addition, the organization is composed of both international and local employees. It is therefore natural that the workforce would be largely diversified. Ensuring that laws encouraging diversity are adhered to and consequently eliminating any chance of discrimination and harassment should be a priority. Wage and Salary Fair Labor standards Acts (FLSA) is among the regulations that protect the compensation rights of the employees. This regulation covers non-expert employees by... ...1994). The Worker Adjustment and Retraining Notification Act: Effect on Notice Provision. Industrial and Labor Relation Review, 47 (4), 650-662. Guerin, L., & DelPo, A. (2007). Create your own Employee Handbook: Legal Practical Guide (3rd ed.). Berkeley, CA: Nolo. HG Legal Directories.org. (2012). Employment Discrimination Law. Retrieved from http://www.hg.org/employment-discrimination-law.html. Mashaw, J. L. (1996). Unemployment Compensation: Continuity, Change, and the Prospects for Reform, University of Michigan Journal of law Reforms, 29, 1-24. Ross, S. C. (2011). How on Earth Can You Possibly â€Å"File† An Oral Complaint?: An analysis of the Boundaries  § 215 (A) (3) of the Fail Labor Standard Act. St John Law Review, 84, 1543-1567. Yamada, D. C. (2008). Human Dignity and American Employment Law. University of Richmond Law Review, 43, 523-569.

Aeronautical Decision Making Essay

The airlines developed some of the first training programs that focused on improving aeronautical decision making (ADM). ADM is a systematic approach to the mental process used by airline pilots to consistently determine the best course of action in response to a given set of circumstances. Human-factors-related accidents motivated the airline industry to implement crew resource management (CRM) training for flight crews. The focus of CRM programs is the effective use of all available resources: human resources, hardware, and information. Human resources consist of all groups routinely working with the cockpit crew (or pilot) who are involved in decisions that are required to operate a flight safely. These groups include, but are not limited to: dispatchers, cabin crewmembers, maintenance personnel, and air traffic controllers. The importance of learning effective ADM skills cannot be overemphasized in the airline industry. While progress is continually being made in the advancement of pilot training methods, airline equipment and systems, accidents still occur. Despite all the changes in technology to improve flight safety, one factor still remains the same – the human factor. It is estimated that approximately 75 percent of all aviation accidents are human factors related. Historically, the term pilot error has been used to describe the causes of these accidents. Pilot error means that an action or decision made by the pilot was the cause, or a contributing factor that led to the accident. This definition also includes the pilot’s failure to make a decision or take action. From a broader perspective, the phrase â€Å"human factors related† more suitably describes these accidents since it is usually not a single decision that leads to an accident, but a chain of events triggered by a number of various factors. The poor judgment chain, sometimes referred to as the error chain, is a term used to describe this concept of contributing factors in human factors-related-accidents. Breaking one link in the chain normally is all that is necessary to change the outcome in a sequence of events. By discussing events that lead to an accident, it can be understood how a series of judgment errors can contribute to the final outcome of a flight. An understanding of the decision-making process provides a pilot with a foundation for developing ADM skills. Some situations, such as engine-failures, require a pilot to respond immediately using established procedures with little time for detailed analysis. Traditionally, pilots have been well trained to react to emergencies, but are not as well prepared to make decisions requiring a more reflective response. Typically during a flight, there is time to examine any changes that occur, gather information, and assess risk before reaching a decision. The steps leading to this conclusion constitute the decision making process are defining the problem, choosing a course of action, and implementing the decision and evaluating the outcome. The first step in the decision making process is problem definition. Defining the problem begins with recognizing that a change has occurred or that an expected change did not take place. The exact nature and severity of the problem are determined by the pilot’s senses and experience in flying. For example, a low oil pressure reading could indicate that the engine is about to fail and an emergency landing should be planned or it could mean that the oil pressure sensor is giving a faulty reading. According to the situation, each action by the pilot is taken differently. An important note is that once the pilot has identified the problem, other sources must be used to verify that the conclusion is correct. Once the problem has been identified, the pilot must evaluate the need to react to it and determine that actions that must be used to remedy the problem. The expected outcome of each possible action should be considered and the risks assessed before deciding on a response to the situation. Although a decision may be reached and a course of action implemented, the decision making is not complete. It is important to think ahead and determine how the decision could affect other phases of the flight. As the flight progresses, the pilot must continue to evaluate the outcome of the decision to ensure that it is producing the desired result. The decision-making process normally consists of several steps before choosing a course of action. To help remember the elements of the decision-making process, a six-step model has been previously developed using the acronym â€Å"decide. † Detect the fact that a change has occurred Estimate the need to counter or react to the change Choose a desirable outcome for the success of the flight Identify actions which could successfully control the change. Do the necessary action to adapt to the change Evaluate the effect of the action Another important aeronautical decision making is risk management. During each flight, decisions must be made regarding events involving interactions between the four risk elements: the pilot in command, the airplane, the environment, and the operation. The decision-making process involves an evaluation of these risk elements to achieve an accurate perception of the flight situation. A pilot must continually make decisions about competency, condition of health, mental and emotional state, level of fatigue, and many other factors. Airplane—a pilot will frequently base decisions on the evaluations of the airplane, such as performance, equipment, or worthiness in the air. Environment—this encompasses many elements not pilot or airplane related. It can include such factors as weather, air traffic control, navaids, terrain, takeoff and landing areas, and surrounding obstacles. Weather is one element that can change drastically over time. Operation—the interaction between the pilot, airplane, and the environment is greatly influenced by the purpose of each flight operation. Also, exercising good judgment begins prior to taking the control of an airplane. Often, pilots thoroughly check their airplane to determine airworthiness, but they do no evaluate their own fitness for flight. Just as a checklist is used when pilots check their pre-flight of an airplane, a personal checklist based on such factors as experience, currency, and comfort level can help determine if a pilot is prepared for the flight. In addition to a review of personal limitations, use the â€Å"i’m safe† Checklist in evaluation of the pilot.

Catcher in the Rye- ‘Holden’s Hatred of Everything’ Essay

‘Holden’s hatred of everything is shallow and indicates his own unrealistic and confused attitude.’ Discuss. J.D. Salinger’s novel Catcher in the Rye depicts a teenager struggling through an identity crisis during the 1950’s. Salinger promotes the themes of growing up and adolescence through the protagonist, Holden Caulfield. Holden’s attitude towards life is bitter and contemptuous which prevents him from successfully interacting with other people. His transition from childhood to adulthood is blurry and unclear as he lacks the skills needed to shift from one to the other. Furthermore, he is unable to overcome the obstacle, as he sees it, of growing up as he is finding it difficult to accept the responsibility that comes with it. Holden exposes his idea of the shallowness and hypocrisy in the world by describing them as ‘phony’. Holden recognizes that phoniness is all throughout society. Whether it be in reference to his old school principal at Elkton Hills only conversing with the upper class families, or to his hatred of movies as it involves actors pretending to be something they’re not. Although Holden holds this pessimistic attitude, it seems to be evident that this outlook appears only to be evoked by sympathy, either for the families that looked down upon at Elkton Hills or for his own dysfunctional family. Holden also sees the insincerity in the publication of Stradlater, his roommate who is able to hide his ‘secret [slobbery]’ behind his ‘sexy’ appearance and fake charm. In this sense, Holden may also be jealous of how easily Stradlater can shield his insecurities as he has a strong sense of self-imposed ego. Holden describes his older brother D.B. as a phony because Holden perceives him as a ‘sellout’ for being a ‘prostitute in Hollywood’. Though Holden used to look up to his older brother, his now believes D.B. is compromising his talents for an audience. Similarly, with Ernie who plays piano at the nightclub, Holden is frustrated when the audience claps for him, claiming that ‘people always clap for the wrong things’. Holden is often found disapproving of particular elements in society, however is able to justify to himself the reasons of his actions based on his own experiences and perceptions, which may clash with the expectations of society and it is this that confuses Holden. Holden’s idea of reality is found to be altered due to hurtful experiences and therefore he has difficulty with interactions, forming connections and approval of society. At the beginning of the text, the reader is informed that Holden is narrating from a mental institution, which enables the reader to conclude that Holden’s views of reality are somewhat unstable. Moreover, Holden is unable to let go of the past, as he believes childhood is the only place he will find happiness. Holden’s perception of childhood consists of unconditional love, simplicity and safety from the corruption of the outer world. To Holden, this genuineness existed only when Allie was alive. It is here that the reader is led to believe that the reasons behind Holden’s inability to deal with complexity and intimacy stem from the death of Allie which he has failed to properly grieve for, resulting in confusion and lack of the closure he needs to move forward. In regards to his sexuality and lack of knowledge or experience in the matter, Holden notes that it doesn’t really apply as ‘in [his] mind, [he’s] probably the biggest sex maniac you ever saw’ which implies that Holden has already created his own world in which he has isolated himself to. Holden’s fantasy is to be the ‘catcher in the rye,’ ‘catching’ kids from falling off a cliff into the pretentious world of adulthood. This metaphor indicates that Holden wants to be the person to save the children before they fall out of their innocent knowledge into the repulsive world of adults. His desire to remain in of childhood is implied when he explains that the ‘best things about the museum is everything stayed where it was’ which shows that he longs for a world that remains frozen and unchanged, as he fears the unknown. Also, when watching Phoebe on the carousel, Holden mentions that ‘the nice things about carousels were that they always played the same songs.’ The reality of the world cannot be accepted if the meaning is unknown, and this applies to Holden as his ignorance to explore this unknown prevents his from being the man he truly wants to be. Furthermore, Holden finds difficulty in accepting the concerns and responsibilities that are required in the adult world. His childishness and immaturity, whether deliberate or not, is evident when Holden ‘left all the foils and equipment and stuff on the goddam subway’ and instead of accepting that he made a mistake, he blames it on that he ‘had to keep getting up to look at this map so ‘[they’d] know where to get off’. Holden’s responsibility as an adolescent teenager was to finish school with good grades however unable to do that, he transfers to different schools repeatedly, only to fail again. Holden’s inability to accept responsibility may also be due to a fear of success. Holden’s childishness is also noticed throughout the novel when Holden refuses to go home and confront his parents about ‘flunking out of Pencey Prep’ in fear of the criticism and consequences that will result. Holden dislikes responsibility, as he believes that with it comes expectations, and if he doesn’t live up to those expectations, then the unconditional love he received through childhood will subside. ‘Catcher in the Rye’ explores the tension and confusion between Holden’s aspiration to observe and isolate with his need to converse and connect. Holden displays characteristics of a secluded mentality and is victim of his own isolation, which in turn prevents him from conforming to society’s expectations. Through Holden, the contrast between childhood and adulthood and the process of transitioning from one to another are examined closely. As the novel progresses, the reader is able to understand what events Holden has experienced that have lead to his unrealistic and confused attitude about fearing change, resenting adulthood and growing up.

Bharti Enterprises

Ensuring that the look and feel of the store is as per guidelines/standards Ensuring/ reporting Inventory and Stock availability as per the norms to prevent stock-outs Provide suggestions /feedback to improve store productivity People Development / Team Management: Acting as a mentor and trainer for store staff To ensure daily roistering briefing to inbound outbound store staff Customer Experience: Manage staff allocation based on demand at point in time Personally step in to handle demanding customers Provide suggestions for improvements in CE 4. A. On Diversity and Cultural spread in Africa, As Africa consists of 53 countries, to operate successfully it is important to understand the dynamics of each country, including differences in culture, language and especially regulations. Bharti would do well to put in place as few expatriates as possible and have most of its top management from Africa. b. On Infrastructure sharing and cost / capital issues, The biggest driver of network sharing will be the shift in approach of the biggest operators, who had been unwilling to share network to sustain competitive advantage. There is visible network sharing in the markets of Nigeria, Ghana and South Africa, and that this is likely to pick up in other markets. c. On Bharti Airtel’s Minute Factor Model, Network sharing and IT outsourcing would help operators bring down costs. While costs could trend down, however they will be higher than in India because of some of the structural costs caused by power shortage and poor infrastructure. 5. Bharti Airtel has a history of making first moves and emerging as the winner just because of that. This is what built the company’s success in India, where it remains the top MNO and second-largest fixed-line operator. In fact, thanks to the massive market it serves at home, at the time it acquired the Zain portfolio in March 2010 Airtel was reckoned to be the fifth largest mobile operator in the world on a proportional subscriber basis, putting it behind the likes of China Mobile, Vodafone Group, American Movil and Telefonica, but ahead of China Unicom. As has been widely covered for over a year now, Airtel has been looking at Africa as a new growth market. While it has a deal with Vodafone for the Channel Islands, Africa is the only other territory outside the Indian subcontinent (including Bangladesh and Sri Lanka) that the company has entered. The commonalities are compelling: similar markets, needs and infrastructure. The realities on the ground are somewhat more challenging: logistics, legislative compliance and serious local competition being foremost. The logistics of infrastructure in Africa are an equal challenge for all MNOs. That is a given. Where Airtel might have been overly optimistic is in hoping its Africa model would run similarly to its success in India, based on a first-to-market approach and having some leverage to overcome legislative obstacles. Unfortunately, while Airtel has a 30-year history of being first in India (with pushbutton phones, cordless phones and then mobile), they were not first in Africa. There were major EU, Middle East and South African players there ahead of them. In fact, Airtel’s African expansion is largely thanks to its takeover of Kuwait’s Zain mobile operations in 15 countries. This was a beachhead, not a conquest. Zain only held dominant market share in a few countries. Going up against market leaders such as MTN of South Africa, Airtel applied a strategy of extensive cost cutting. This followed on what it achieved in India, cutting a deal with Ericsson for per-minute fees (rather than upfront payment) that enabled very low-cost call rates from the outset. Airtel has an all-Africa, five-year deal in place with Ericsson for network management that offers similar advantages. Elsewhere, Airtel is engaged with Nokia Siemens Networks and Huawei, not keeping all its eggs in one basket, of course. As a Plan B, possibly following on the indecisive outcome of Airtel’s low-cost invasion, the company has previously been negotiating a takeover of or (maybe) a joint venture with MTN itself. How this putative deal is described depends on which company is talking. This has been going on for some four years without a definitive ending. Even if it never happens, it is a signpost of just what Airtel would consider to get its Africa operations truly established.

The early and modern views of human variation Essay

The early and modern views of human variation - Essay Example The primordial view on human variations explains that races emanate from past anthropological connections. Cavalli-Sforza (pp.54) argues that in the past, color was the only form of distinction that humans understood. For instance, the Egyptians are a notable group of people who distinguished humans on the basis of their color. According to them, all the people who came from the east were yellow, whites from the north and blacks from the south. Other analysts from the past argue that, races emanated from climatic changes that affected the skin color of many individuals. With the changes in climate, human beings began evolving into different races, in regards to the characteristics in their respective milieu. On the other hand, modern analysts argue that human characteristics can be discussed through a study of biological characteristics of the individuals. The innate characteristics of individuals cannot be alienated from the biological make up of these individuals. There is a great likelihood that race is linked with color, that is biologically oriented. On a social view, race has been indicated to be biologically real (Stringer, pp.566). It is through race therefore, that societies have been categorized into various groups. In as much, that primeval analysts argue that race is not real, modern analysts believe that racism is inborn just like intelligence. As time progressed, the views of anthropological researchers changed a great mile. With time, taxonomies were discovered which explained the human varieties through biological determinism. Stringer (pp.570) argues that the clinical model is the best approach towards understanding of race. This model describes the genetically inherited attributes in individuals. This model discusses the factual nature of variations in biological characteristics, inclusive of color variations. Essentially, modern analysts argue that human variations are resultant from

Living Wage Research Paper Example | Topics and Well Written Essays - 500 words

Living Wage - Research Paper Example Some people would state that employees who live below the poverty level should increase their skills that are set to increase their value to the organization. In the American magazine, the article â€Å"is a living wage just a wage† on the 19th February 2001, addresses the issues revolving around the wage bill. The article states that legislation on the living wage requires businesses, agencies and some organizations, which offer acceptance to government contracts to make payments to their full time employees as a living wage (Melden, 1967). The most vulnerable ethics theory that applies to the above incidence is the deontology theory. This theory states that people should keep their roles obligations and responsibilities when analysing an ethical dilemma. However, this theory lacks the issue of employees’ rights, which is much important. The choice of decision creates a state of dictatorship since no one is entitled to provide his/her views, but only entitled to his/her duties. Ethics provides equity among people who are given a living wage. Employees feel that they at times discriminated against when they apply for jobs. If an employee is denied a position, which he is qualified for, he/she tends to think that it has to do with his social class. A call for employers to follow the â€Å"uniform guidelines on employee selection procedures† should be availed to take into consideration the protected classes on the basis of race, sex, disability, age or religion. In response to the utilitarianism theory, which is found on the basis of predicting the impacts of a given decision or action. The article â€Å"What You Should Look for When Selecting among Employer Health Coverage† published on 16th November 2008 is related to this theory. If an employer selects an employee on racial, religion, age, nationality, sex and disability bases, he is practicing unethical activities, which are discouraged by the utilitarianism theory (The Washington Post

Giorgio Armani Brand Essay Example | Topics and Well Written Essays - 1500 words

Giorgio Armani Brand - Essay Example According to the paper the brand’s marketing strategy has been effective, as it has been marketed to emerging markets like China, where there is a strong uptake for premium, luxury fashion products. This paper will discuss the brand architecture of Giorgio Armani, and present a brand extension model. Detailed findings SWOT Analysis for Giorgio Armani Strengths The brand’s personality-based and uniquely designed products, which are among the best, globally The brand’s unique design, which helps differentiate it from competitors The characteristic feature of the clothes and apparel, which are hand stitched compared to the ordinary machine-stitched products The brand’s presence among international sports players and teams These areas identify the policies and the formulas employed for the brand which gives it an edge in brand positioning and recognition. Giorgio Armani has a ready-to-wear and a couture line, which increases their presence among average income consumers. From this study it is clear that weaknesses of Brand PETA activists do not support the outlook of the brand, which resulted in the development of a negative image The brand’s limited global market presence, compared to other global apparel brands Opportunity of Brand The brand’s coverage can be extended to cover the bottom of the market pyramid A larger part of the workforce is young, which increases their capacity to explore and design attractive and powerful products The brand’s ability to expand globally and to penetrate through tie-ups and the launch of new brand stores globally Threats The brand’s dominant coverage of a small upper-premium class market segment The brands slow uptake in picking up on life style brand The brand’s duplicity: fake products of the brand are traded at very low prices, in the lower market segments Giorgio Armani’s brand position Unlike the usual branding processes employed by entrepreneurs in the c onsumer products industry, the fashion and luxury branding of Giorgio Armani is highly personality-based and unique. The designs of the brand are founded on the founder’s personality. This is evident from the critical role of design in the fashion and luxury apparel positioning of the brand. The personal style of Giorgio Armani is crucial in the development and the marketing of the brand. The designer’s style is grounded on product differentiation, which is communicated in a tangible and visual manner. Brand’s Target Audience The target audience of the Giorgio Armani brand includes men and women. The products offered within the different lines for men include shoes, clothes, watches, eyewear, fragrances and home furnishings. The products offered to female consumers include shoes, clothing, bags, eyewear, cosmetics and home furnishings.