Free «Business Law» Essay Sample

Starting up a business as a sole trader is not a daunting task. However, some of new ventures require licenses in accordance to the constitution. Some of the business setups that require licensing include taxis, hotels and restaurants, nightclubs and discos, nursing and caring homes, freelancing, sports training facilities, pet shops, adult shops, money lending and weapon trade. An individual interested in setting up any of the above named businesses can obtain licenses from the available local authorities. However, they are certain legislation guidelines that govern the whole procedure. Some of these legislations are discussed below.

The Trade Description Act of 1972 requires that prior to setting up a business, an individual should acquire a copyright protection with regards to business ideas and trademarks. This legislation makes it a crime for one to make false claims on types of services and goods offered. This act is aimed at solving ownership wrangles that often emerge in corporate ownership. Moreover, this piece of legislation requires that an individual obtains a certified documentation indicating the type of services and goods offered. Intellectual property also includes trade secret and patents. A trade secret pertains to any critical information that a business owner wishes to protect. The state law protects a business from discontented ex-employees, disruption of the current employees and other problematic issues that might arise due to violation of trade secret. For registration of patents and trademarks, employers or business owners can obtain application forms from the US Patent and Trademark Office. The US copyright office grants copyright forms and licenses to businesses that specialize in the creation of original works, such as music, videos and production of art pieces.

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Subsequent to establishing a business, goods and services offered follow. It is mandatory that the goods and services offered are up to standards. The Sales of Goods Act in the USA regulates the quality of goods that a business offers. This act also ensures that a business remains true to its words in offering the type of service initially indicated. In accordance to the Sales of Goods Act, the sales of goods and services ensures that a company remains obliged to its service by regulating the amount of capital, time, care and skill invested in a business. The Federal Trade Commission ensures that business owners adhere to the laws governing the advertising of consumer products. In reference to guidelines, provided by the Federal Trade Commission it is extremely essential that business owners advertise the truth concerning their consumer products.

The Consumer Protection Act of 1987 handles matters regarding the sale of faulty and harmful goods. If a client claims a physical injury subsequent to using a faulty good, a business is held responsible for the injury. An exception only occurs after the management proves that they made consumers aware of potential injuries prior to purchasing goods. The Pricing Act of 1991 ensures that a business owner documents all the prices of goods and services offered.

With reference to legislation regarding employment, the Sex Discrimination Act (SDA) makes it a crime for one to discriminate potential employees on the basis of gender and marital status during promotion, recruitment and training. This act divides sex discrimination into three basic categories, such as: direct sex discrimination, indirect sex discrimination and victimization. Direct sex discrimination involves giving better treatment to one sex in comparison to another. While indirect sex discrimination involves subjecting both sexes to the same working environments, with one sex exceeding the other in terms of numbers. Prohibiting one from employment on grounds of age limit is also a form of indirect employment discrimination. Statistics indicate that companies tend to employ more women than men to work part-time. This act also qualifies it as indirect sex discrimination. Victimization occurs when companies discriminate against employees who implement their rights with reference to this act.

The Civil Rights of 1964 Acts defines acts of discriminating one from employment during recruitment, training and promotion on the basis of color, race, nationality and ethnic background as unlawful. This act also covers both indirect race discrimination and victimization. The Equal Employment Opportunity Commission ensures the implementation of this act.

The Americans with Disabilities Act of 1990 makes it unlawful for private and government enterprises, employment agencies, and labor unions to discriminate against qualified disabled candidates in any form of employment privileges, such as job promotion, hiring, retrenchment, positional advancement and other employment benefits. The ADA Act is also applied to federal employees with reference to the Cap 501 of the Rehabilitation Act. Budding employers must adhere to the above legislation to avoid legal liabilities.

The Equal Pay Act of 1963 prohibits employers against favoring one sex in comparison to the opposite sex in terms of pay. Under the act, employers are to expose all workers to the same working conditions, and all employees should receive the same amount of pay. Employers who disregard this act are subject to legal liabilities.

The Data Protection Act of 2005 requires that employers register and submit the source, type, and purpose of information about employees and other issues concerning the business. However, this act allows employers to keep information pertaining to payrolls private. The Occupational Safety Health Act of 1970 requires employers to provide clean and safe working conditions for their employees, regardless of the business size. It is advisable that employers comply with the regulations and guidelines of the OSH Act. Adherence to the above acts assists employers in the easy running of their businesses.


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