MGMT1260 Business Law and Ethics

Distinguish between full-time, part-time, at-will and contract employment statuses, and state which status reflects your employment position in this company.

Full-time Full-time employment is a situation where an employee works for 40 hours per week usually from Monday to Friday while Part-time employment, is defined as an arrangement where the employee works for less than 40 hours per week. Apart from hours worked, part-time employment can be distinguished from full-time employment through the kinds of benefits that accrue to the latter. Part-time employees are paid wages or per hour while full-time employees are salaried. Full-time employees are entitled to certain benefits including insurance, medical cover, retirement plans, and paid leave days (Dunn, 2018).

Employment at Will refers to a situation where a majority of employees in the private sector in the US are employed at will. This means that the employer may fire them with or without reason as long as the reason is not discriminatory (Dunn, 2018).

In California, full-time employees work for at least 40 hours per week and are entitled to certain benefits such as leave days, medical cover, and pension plans. Further, the law of Intellectual property in California requires that inventions made in course of employment are owned by the employer. Further, innovations created using the company’s resources are also owned by the employer (Dunn, 2018).

In the current situation, the App I have created may be deemed as competing with my employer as I am targeting the company’s business partners. In this instance, the app may be claimed by the employer since although created outside working hours I used the company’s equipment.

What federal, state, and international laws explain the rights, responsibilities, and protections of employees and employers in the employment relationship?

The Fair Labor Standards Act provides for the standard wages that should be paid to workers in the private sector as well as the overtime pay. Employers are under an obligation to pay the workers the standard federal wages prescribed by the law. Also, Occupational Safety and Health (OSH) Act provides for health and safety conditions that employers should maintain in the working environment (Fagan & Hodgson, 2017).

Employers must comply with OSHA’s safety standards and regulations and they are under a duty to ensure that workers are given safety gear and equipment and to work in an environment that is free from serious hazards. Further, the Employee Retirement Income Security Act (ERISA) ensures that employers who offer pension plans comply with the disclosure and other reporting requirements (Fagan & Hodgson, 2017).

Equal Remuneration Convention is an international convention providing for equal remuneration for both women and men workers for work of equal value. The convention seeks to eliminate sex discrimination in the workplace. Additionally, the Minimum Age Convention aims at abolishing child labor by all member states and progressively raise the minimum age for admission to employment for young persons that is consistent with both their mental and physical development (Fagan & Hodgson, 2017).

What are the property rights of employees and employers for inventions as provided in federal intellectual property laws?

The general rule is that intellectual property created in the course of employment by the employees belongs to the employers. However, intellectual property created outside working hours and without utilizing employers' resources belongs to the employee. Employer and employee may enter into an agreement that provides that the employee assigns all the intellectual property to the company created in the course of employment. However, in absence of an assignment of inventions the employee may be entitled to intellectual property rights created during employment (Olaisen & Revang, 2017).

Where the contract of employment states that the role of the employee is to develop software for a particular purpose, then the employee creates software for that particular purpose but outside working hours, the employer has a right to ownership of that invention since it forms part of the responsibilities of the employee (Olaisen & Revang, 2017).

References

Dunn, M. (2018). Who chooses part-time work and why. Monthly Lab. Rev., 141, 1.

Fagan, K. M., & Hodgson, M. J. (2017). Under-recording of work-related injuries and illnesses: An OSHA priority. Journal of safety research, 60, 79-83.

Olaisen, J., & Revang, O. (2017). The dynamics of intellectual property rights for trust, knowledge sharing and innovation in project teams. International Journal of Information Management, 37(6), 583-589.

Need to wrap up assignments on time? Stringent deadlines getting the better of you? Our in-house academic papers writers are available round the clock to work on your assignments and share the same much ahead of the deadline. From offering Finance assignment help to backing you up with Law assignment help in London, we are right here to assist you through the thick and thin of assignment stringencies. So, the next time you would worry about a narrow deadline or wonder, “Can I pay someone to do my assignment on time?” count on us and never look back.