Business Law

The Federal Trade Commission Act of 1914

The Federal Trade Commission Act of 1914

The Federal Trade Commission Act of 1914 was a piece of Federal legislation that created the U.S. Federal Trade Commission. The Federal Trade Commission (FTC) was established in order to promote fair trading practices and to protect consumers from corruption and illicit behavior on the part of corporations.
The Federal Trade Commission Act granted the United States President the authority to appoint the members of the Federal Trade Commission. The Commission was composed of five different members who each served a seven year term. It was permitted to authorize Cease and Desist orders, which required large corporations to halt specified activities. Therefore, if the Committee believed that a corporation was engaging in harmful or unlawful activities, it could legally require the corporation to abandon these activities. One such example is the formation of coercive monopolies, which could be dissolved by the Commission.

What Holiday Compensation Does Your Employers Owe You?

What Holiday Compensation Does Your Employers Owe You?

Under United States Federal law, an employer is not required to provide employees with holiday compensation. Some states have adopted laws that require employers to provide holiday pay, though this varies significantly from one state to another. Therefore, it is important for an individual to review the labor laws in his/her state.
In addition, an employer is not required to allow employees time off on holidays. Nevertheless, most business entities will close on major holidays. Federal law does require employers to respect an individual’s religious holidays and observances. Therefore, if an employee requests time off for religious reasons, an employer should grant his/her request.
If employees do work on public holidays, employers do not legally need to provide overtime or premium compensation. Despite the absence of holiday pay laws, most employers provide employees time and a half if they work on major holidays.

Look Into Agency Law

Look Into Agency Law

The law of agency is a commercial law subject concerning legal relationships established by contracts or similar kinds of agreements with the general effect of empowering agents to act on the behalf of others. As such, this branch of legal theory will pertain to such agencies as those shared between agents and principals, agents and third parties, and principals and third parties. 
The law of agencies comes under the coverage of common law, and thus, can be differentiated from that of civil laws. The Latin phrase “qui facit per alium, facit per se,” or “the one who acts through another, acts in his or her own interests” can be referred to as a description of the law of agency. Laws of agency can, moreover, provide for such various agencies as those of universal agents, general agents, or special agents, and can create either actual or apparent authority.

Forming A Business Partnership

Forming A Business Partnership

A business partnership refers to some form of agreement between more than one individual to shared cooperation toward the end of carrying out common goals and acting for common interests. Moreover, a partnership of this kind will involve the two or more parties to the agreement designating themselves, by shared agreement, as co-owners. 
A business partnership can be designated as such in most areas and legal jurisdictions of the world, and in the specific instance of the U.S., a partnership can be created according to many different possible forms in accordance with the laws of the particular state in which the business partnership is put into effect. Additionally, U.S. Federal law allows for a great deal of leniency on the part of state legislatures as to the specific definition of a business partnership. Most specifically, a business partnership might be created as a general, limited, or limited liability partnership.

Distinction Between the Secondary and Primary Market

Distinction Between the Secondary and Primary Market

The distinction between a secondary market and primary market is a necessary element of understanding the capital markets sector. A primary market represents the first venue in which securities, such as stocks or bonds, can be offered, while a secondary market can be designated as the setting in which the securities first offered through a primary market are offered for sale. Moreover, a primary market allows investors to purchase these financial products directly from the individuals or groups initially responsible for creating them. The secondary market, on the other hand, represents a venue for transactions between various investors. 
The Initial Public Offering of a corporation which has newly made the transition to being publicly traded is considered a primary market transaction. In general, primary market trading is considered underwriting. Secondary market settings include the New York Stock Exchange and NASDAQ. In addition, securities can also be traded through third and fourth markets.

A Quick Definition of an Business Fraud

A Quick Definition of an Business Fraud

Typically speaking, in the United States every instance of business fraud will cost a small business an average of about $100,000. Therefore, small and big businesses alike will implement ways to prevent business fraud.
For businesses to prevent fraud from occurring, certain aspects must be considered, such as the overall working environment. Many businesses will create a work environment which will reinforce anti-fraud behavior and actions. This will begin with the owners and managers creating a relationship with their employees and by properly communicating how certain company procedures are to be carried out, and how there are correct and incorrect ways to perform such tasks.
If there is no strong communication between the employers and employees, the overall attitude may lead to certain employees behaving in different ways. Establishing proper ethics and written policies in regards to the company’s procedures so as to make all employees aware of their jobs and ensuring such policies are strictly enforced will promote for a more righteous working environment.  

The Truth About Unethical Business Punishments

The Truth About Unethical Business Punishments

Unethical business ethics will not, in of themselves, furnish a cause for direct legal intervention. Instead,
unethical business practices are considered more a case of mistaken business policy; one which can provide a means by which employees, partners and competitors alike might identify a business as being unable to deal successfully with a particular area for industry. As such, a business can be identified as not being in compliance with the principles typically identified either as business ethics or corporate ethics. 
However, if a business is considered to be operating according to unethical business practices, then legal
repercussions might be warranted. Business ethics is considered more relevant to the corporate and academic fields than law enforcement and the justice system. Moreover, businesses may and often do choose to emphasize their
opposition to unethical business practices as a marketing activity.

How to Handle Wrongful Employment Termination

How to Handle Wrongful Employment Termination

Unfair employment termination can be in various forms, though the most common application of the term will involves cases when a person is fired for reasons that are unlawful. However, each state and each particular business or career will have its own policies regarding employment termination.
When a person is wrongfully fired, there are various options at hand. One can consult with the Human Resources Department of the company where the individual was employed and discuss the issue in hopes to reach a mutually beneficial resolution. One can also decide to visit the local unemployment office, particularly if the situation at hand is one where eligibility for unemployment benefits may be questioned. In extenuating circumstances, obtaining the services of an attorney may also be necessary in order to seek any possible legal remedy for the illegal employment termination.  

Federal Employee Laws That Protect Individuals

Federal Employee Laws That Protect Individuals

In the United States there are a number of Federal laws that protect an individual who is employed with any public company or organization. The various employee laws in the United States uphold equal opportunity employment without discrimination towards religion, race, sex, age, or disability.
In addition, employee laws also ensure basic human rights that uphold the privileges associated with the United States Constitution. Furthermore, employee laws also place a limit on working hours, as well as a floor on wages. All of these employee laws are meant to protect an employee from abusive actions from their companies or organizations.
Throughout America’s history the Federal Government, through Congress, has passed many Acts and various forms of legislation to enforce such employee laws and ensure the protection of rights to those who work for those employed in the United States.

What Does DBA Mean?

What Does DBA Mean?

Doing business as (DBA) is a term that is used in today’s business industry in regards to the liability and formal actions that are taken by a particular company. Doing business as means that the company is working under a fictitious name, concealing its true identity.
To elaborate, the name of the company is legally the name of the proprietor of the business establishment. This means that the business establishment and the individual are the same and hold the same legal responsibilities for the actions that are taken against them. However, in cases of DBA, an individual does not use their own name as the company’s legal name.
For example, there is an individual named James Doe and he is the owner of a laundry service. He wants to call his laundry service “Get’m Clean Laundry”. Legally, the name of his business is his own name, James Doe. If Mr. Doe wants to use a fictitious business name, like Get’m Clean Laundry, he has to register the fictitious name with the property authority.
A doing business as name has to be registered with the proper authority in each state. However, each state has their own specific authority, form, and process that has to be done in order for the registration to be official and the name to be legalized. Some exceptions do apply, like the State of Alabama, which does not require the filing of a fictitious name, though companies can register for a trade name if they wish. Use DBA Forms or Fictitious Name forms for your state to register the DBA name.
However, for owners and proprietors in Arkansas who are looking into a doing business as name, they have to file for a Doing Business As Name Certificate. In Connecticut, a company must register their DBA with the Connecticut Secretary of State. Before advertising and business operations under a business name, it is important to check out the specific procedure of the region and state in order to operate under legal terms.

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