On February 6, 2013, Danial Farris filed a claim against International Paper Company (IP), alleging that IP failed to to pay vested vacation wages upon termination.
On May 30, 2014, IP field a third-party claim against Yeghia Bekiarian, a former managerial employee. IP argued that Bekiarian was responsible for the liability for vacation wages by not only promising Farris that he would be entitled to paid vacation, but then instructing human resources employees not to provide paid vacation for IP’s sales representatives, of which Farris was a member.
Bekiarian field an answer asserting that since the claim against IP arose from Bekiarian’s actions as an employee of IP, IP was required to reimburse and indemnify him.
[Daniel Farris v. International Paper Company, et ai., 2014 U.S. Dist. LEXIS 143607.]
Do you think Bekiarian should be indemnified for his actions which led to Farris’s claims? Keep in mind that Farris did not include Bekiarian in his action against IP. How did the court decide on the third-party claim between IP and Bekiarian? What was the court’s reasoning?
In: Operations Management
Project Management:
If I cannot resolve over allocation by leveling within slack, what can I consider to do?
In: Operations Management
What is the history of healthcare reform? What are the key provisions of the Affordable Care Act of 2010? What are the key provisions of the Medicare Access and CHIP Reauthorization Act of 2015? What are the two major free-market initiatives and what is the impact of each on quality, cost and access? Lastly, please Include any additional initiatives that are current, and applicable, to healthcare today.
In: Operations Management
ANALYSING A SPREADSHEET AND PRESENTING A BUSINESS REPORT
Case Study
Pink Lady Apple Orchard is a small family run orchard in Red Hill, Victoria. Jacinta and Pete own the property, which includes 50 hectares of apple plantings.
As the market price of apples sold to supermarkets and fruit shops has decreased in the past few years, causing business to stagnate, Pete and Jacinta have decided to use some of their apple supply to produce their own range of apple based products.
They have set up a small market stall at the orchard where they sell products directly to the public. They also have a regular stand at local markets. The number of customers is growing as word of mouth spreads. In an effort to further expand they have negotiated with a number of small retailers to stock their products. Recently they also employed a systems developer, who set up a website which enables them to market their products online and sell directly to the public.
In a further effort to expand sales Jacinta organised to have their products advertised on a number of ‘shopping deal’ sites. Each site charged an upfront fee of $500.00. The Pink Lady Apple Orchard’s ‘deal was advertised throughout February. The orchard offered 30% off any sale made through the deal site. After deducting a further 5% commission on sales the ‘deal’ site passed the order and the payment onto the organisation. Jacinta then processed the order and delivered the products to the customer. Jacinta hoped that by offering this deal more customers would be attracted to their products.
Jacinta and Pete have always delivered goods free of charge to their wholesale customers. However, with increased sales they are concerned about the increased courier charges. Pete has decided that by charging 15% delivery charge on each retail order he can recoup all the delivery charges.
As Jacinta and Pete are already busy attending to the apple orchard they have employed Ruby, a local resident, two mornings a week (8 hours) to attend to all online orders.
Although the number of orders is increasing, Jacinta is concerned that maybe not all products sell well enough to continue production. She has been experimenting with different flavours and products, including a new recipe for “Spicy Apple Chips”. Maybe she should change products or delete some products. She does not want unwanted stock accumulating in the storage sheds. She believes that the ‘special deals’ she has advertised for January/February will certainly help sales, but is concerned that she has made a bad decision with regard to profitability.
Jacinta has set up a spreadsheet. She has asked you to complete any relevant calculations and to use excel ‘tools’ to analyse the data she has given you. She then requires you to provide a business report with regards to the effectiveness of the recently implemented online ordering system, and in particular both the overall popularity and profitability of their products and the success of the recent ‘deals’ campaigns. After analysing the relevant data she wants you to consider the options with regard to future sales and to alert her to other factors that need to be considered before a final decision can be made. She is interested in reading your recommendations with regard to online sales.
PREPARING THE BUSINESS REPORT
Report Content
The analysis, findings and recommendations which you prepare for Jacinta and Pete should be outlined in a professional business report.
This report should include:
1) A brief Introductionthat outlines clearly the purpose of the report.
2) A brief presentation of theanalysis you have carried out and a discussion regarding the resultsof this analysis
3)A discussion regarding the results of your analysis.
Identification/discussion regarding other factors that may need to be considered before a final decision can be made.
4)A short concluding summaryof the content of the report.
5)Finally, at least two clear recommendationsthat Jacinta and Pete can adopt. These recommendations must be drawn from the analysis that you have carried out, and must have been discussed in the body of your report.
In: Operations Management
I would like to ask this question about ethics in business. Thank you.
Maurice Stokes was one of the best classmates of Roy Russell while he studied his MBA in the USA. Maurice grew up in Addis Ababa, the capital of Ethiopia. Ethiopia’s GDP per capita ranked 187 out of 191 countries due to adverse geopolitics and civil wars in the past. Maurice is talented and hard working. He went through his bachelor degree in Ethiopia and luckily won a scholarship to study an MBA in the USA. Right after he got his MBA degree, Maurice joined AB&T, the world’s biggest mobile phone service provider, as a management trainee. After 5 years’ working in the USA, Maurice was assigned to work as the Vice President in Addis Ababa, where AB&T’s African headquarter is located, to oversee all African operations.
After his MBA graduation, Roy Russell joined his father’s family business– a medium size mobile phone service provider in Hong Kong. Three years later, AB&T acquired Roy’s family business and retained all existing staff. Roy then became an employee of AB&T and he was happy to work for a multinational company with good reputation. After 3 years’ working as financial controller in AB&T’s Singapore office, Roy was offered an opportunity for promotion to work as chief financial officer (CFO) in its African headquarter in Addis Ababa. Eager to get more international exposure, Roy said yes to this offer. This is how Roy came to a reunion with Maurice.
AB&T provides its senior employees in Addis Ababa with a monthly housing allowance of up to $2,500. Compared with the US standard, most of the housing in Addis Ababa is of low quality, and in many regions the law and order are bad. By giving a generous allowance, AB&T aims to ensure that its senior employees live in areas that are safe, convenient and comfortable to ensure that senior executives can have good rest, that they live in a district that is appropriate to the company’s reputation. For housing allowance claim, senior executives need to hand in their monthly receipts for reimbursement. Every month Maurice submits a bill of $2,500 from his landlord to the finance office for re-imbursement. Roy suggested paying a visit Maurice’s house for a few times. However, every time Maurice rejected this suggestion, claiming that he had never entertained any coworkers at home so that his family members would not be distributed. Roy considered this understandable and so did not insist.
After working for six months in Addis Ababa, Roy had a business dinner with a supplier. The supplier mentioned that Maurice was a neighbor in a district called Winter Town. Winter Town is a district quite far from AT&T’s African office and is well-known for its high crime rate in Addis Ababa. Roy was surprised to hear that, as Maurice told him that he lived in Spring Town, a district that many foreign ambassadors lived and a lot more expensive than Winter Town. Through some connection, Roy verified that what the supplier said was true.
Roy decided to confront Maurice about the housing allowance issue. Maurice at first denied but later admitted that his apartment was in Winter Town and the rent was less than $2,500. He defended his action by saying that “Every AB&T senior executive gets $2,500 a month. If I live in an economically way, why should I be penalized? I just receive the same as others”. As a reply, Roy stressed that “It is AB&T objective to let senior employees to live in a safe place and have good rest for the challenging duties during office hours. Besides, the districts that the company’s senior executives live in represent the image of the company. Moreover, the company’s housing allowance policy is reimbursement on an actual basis, i.e. the amount of monthly claim should be the same as the rental value of the apartment and not to allow staff to make a profit. As the regional CFO, I have to maintain my professional standing”. When Roy challenged Maurice for using falsified rental receipts for disbursement claims, Maurice admitted but replied that this is a common and well-accepted practice in Ethiopia.
Later in the discussion, Maurice tried to convince Roy regarding his housing allowance claim practice. Maurice explained his situation that “You may not understand my situation. I have to save every dollar to pay school fees for my ten nephews and nieces. I got my family members’ great support to finish my education. I owe it to my brothers and sisters to give their children the same chance to study as I did. My parents can never understand why I live in a big apartment instead of helping their grandchildren. I am just doing what I should do. The company has no extra expense to reimburse me $2,500 housing allowance per the monthly receipt I submit. As my old classmate and my best friend, please pretend you know nothing and pay me $2,500 housing allowance as before. As a person grown up in Ethiopia, I know all business practice here and have good connection in this country. I know many senior executives in the government tax department and that will be helpful to your work here. I will fully support you to do an excellent job to save some tax for the benefit of our company. You will be compliment by your boss for paying a lower tax than other companies here”.
Roy does not want to lose his friendship with Maurice and he believes it will make his working life easier if he can make use of Maurice’s connection in Africa. Roy is not sure what should be his next step.
Required
In: Operations Management
Please answer all of the following for thumbs up: Explain the problem of intellectual property theft. Next, address the reasonable and customary processes and procedures which should be used to discourage or make it difficult for employees, managers, and executives to inadvertently misuse and/or steal the company's intellectual property (at a minimum, you must address data classification and marking, separation of duties, and least privilege). You should also identify and explain five or more best practices which the company should implement as it responds to this growing problem.
In: Operations Management
The purpose of this assignment is to develop a security program aligned with regulatory compliance and security control frameworks.
Select a company for the focus of your assignment. Using the following, map the standard controls to the regulatory compliance that would be appropriate for the organization:
On the template, map the regulatory rules (one per line) and security controls (as many per line as necessary). List an enforcement or measurement policy, procedure(s), or process to audit the rule/controls applied.
Write a 500-word summary that defines the regulatory compliance and security controls and includes the following information:
Submit the Word document and the completed "Security Controls Mapping Template."
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
In: Operations Management
You are a junior sales associate working for Chicago BMW Motorcycle. Because of the economic crises, sales of motorcycles have taken a huge hit across the board. When money is tight, people tend to cut back on luxurious "toys" such as expensive bikes. BMW relies on a well-heeled clientele, much of it composed of middle-aged men. However, the German motorcycle manufacturer has been trying to capture a share of the market larger than the 2 percent it has occupied in the United States. Even the ever-popular Harley-Davidson bikes have suffered a decrease in sales of about 30 percent in the last two years. A recent article about the industry in BusinessWeek stated the Harley-Davidson is now trying to appeal to women riders. You bring the piece to the attention of your boss, Dale Bell, and he asks you to find out what exactly Harley-Davidson is doing.
YOUR TASK
Visit the Harley-Davidson USA Website and study how the legendary motorcycle manufacturer is targeting female riders. Write an informational report in memo form addressed to Dale Bell. Which of its motorcycles does your competitor promote as ideal for women and why? How about apparel? What other ways has Harley-Davidson found to attract female riders?
Expert Answer
In: Operations Management
Describe how presentation delivery impacts your credibility.
What are some things you plan to add to your presentation - or do while presenting - that will increase your credibility with your audience? (Keep your specific audience for this project in mind.)
In: Operations Management
Need a Position statement over mentors changing your life. how, why, whatever information you feel is relevant.
In: Operations Management
The Wallen family owned a cabin on Lummi Island in the state of Washington. A driveway ran from the cabin across their property to South Nugent Road. Floyd Massey bought the adjacent lot and built a cabin on it in 1980. To gain access to his property, Massey used a bulldozer to extend the driveway, without the Wallens’ permission but also without their objection. In 2005, the Wallens sold their property to Wright Fish Company. Massey continued to use and maintain the driveway without permission or objection. In 2011, Massey sold his property to Robert Drake. Drake and his employees continued to use and maintain the driveway without permission or objection, although Drake knew it was located largely on Wright’s property. In 2013, Wright sold its lot to Robert Smersh. The next year, Smersh told Drake to stop using the driveway. Drake filed a suit against Smersh, claiming an easement by prescription (which is created by meeting the same requirements as adverse possession). (See Transfer of Ownership.)
determine how the court should rule in this case and why. Does it matter that Drake knew the driveway was located largely on Wright’s (and then Smersh’s) property? Should it matter? Why or why not?
In: Operations Management
PPlease answer each of the following multiple choice questions and support each answer with a paragraph explaining why your answer is correct.
1. Guests of innkeeper Dave would be surprised to learn that inside the headboards of the beds are embedded recording devices. Dave, who has owned the inn for ten years, enjoys sitting at a console in the front office, tuning in to the private conversations of guests in the rooms. Once his devices picked up the words of a married man named Pete. Dave heard Pete confess to his wife, in response to her questioning, that he, Pete, had been molested by a priest when he was young. Dave repeated this gossip to mutual acquaintances, causing injury to Pete.
Can Dave be liable to Pete?
No, because the information that Dave repeated was truthful.
No, because the inn belongs to Dave and Dave has a privilege to enter the rooms of his property.
Yes, because a reasonable person would find the disclosure of molestation repugnant.
Yes, because Pete had a reasonable expectation of privacy in his room in the inn.
2. The model Mona, standing nearly six feet tall, weighs 150 pounds. Although she appears slender, she has earned significant praise in the media for being "sensible" and "reasonable" in her size, in contrast to other models deemed "too thin.” Journalist Dan uncovered a bit of dirt about the "sensible" Mona: ten years ago, as a teenager, Mona had weighed 105 pounds and was hospitalized for eating disorders. Mona has learned that six months ago Dan repeated this truthful story about her to a circle of journalists. No media announcements have emerged. Mona has asked you to advise her about a possible action against Dan alleging invasion of privacy.
You should advise her that she is:
likely to prevail, because the matter is not of legitimate public concern.
likely to prevail, because this disclosure is highly offensive to a reasonable person.
unlikely to prevail, because she is a public figure.
unlikely to prevail, because there has been no publication to the public at large.
3. The town of Laguna remembers the case of Deviant George, an old man who lived alone at the edge of town. A teenage girl arrived at the police station and claimed she had escaped from George's house, where she had been kept in a basement dungeon. She showed the police the house. When they entered, they found six other girls in the basement. George had kidnapped and sexually abused them. On the testimony of the girls, whose names were kept from the public, George was convicted and sent to prison, where he died. The town still talks about the trial. Last week the local newspaper ran a story about television actress Doris Daid, age 26. According to the news story, Daid had been one of George's victims. The story is true. The newspaper learned the information from civil court records; two years ago Daid filed a quiet, low-profile civil suit against the estate of George, and received a settlement from his limited assets. Daid is embarrassed and distressed by the newspaper story.
Which of the following statements best describes Daid's possible claim against the newspaper?
Daid has a strong claim for invasion of privacy, but a weak one for intentional infliction of emotional distress.
Daid has a weak claim for invasion of privacy because the information that the newspaper revealed was a matter of public record.
Daid has a strong claim for invasion of privacy because the news disclosed is not a matter of public significance.
Daid has a weak claim for invasion of privacy, but a strong one for intentional infliction of emotional distress.
4. Donna runs a "business intelligence" consulting business. Her work consists of attempting to learn her clients' competitors' trade secrets and other informational assets kept from the public. In May, posing as a charities solicitor, Donna gained entry to the factory floor of Toys Inc., a manufacturer of children's toys, and surreptitiously took pictures of the top-secret Christmas line. Donna sold the information to Giant, Inc. which used this information for competitive advantage against Toys, Inc.
In an action by Toys, Inc. against Donna for invasion of privacy, Toys Inc. should:
prevail, because Donna engaged in fraud.
prevail, because Donna's entry to the factory floor was not privileged.
not prevail, because a corporation cannot bring an action for invasion of privacy.
not prevail even assuming Donna has fulfilled the elements of invasion of privacy, because Toys cannot prove that Donna's actions caused its losses.
5. Stephanie is a famous actress. Which of these behaviors would give Stephanie her strongest claim for "appropriation of the plaintiff's name or likeness"? Assume that Stephanie has not consented to any of them.
A struggling entrepreneur uses the name and photo of Stephanie on the packaging of his new line of squash rackets.
A start-up entertainment magazine prints a photograph of Stephanie storming away from her boyfriend in a restaurant, and captions it "Stephanie Flying Low!"
A starving novelist names one of his characters Stephanie. The character, a waitress with ambitions to sell a screenplay she has written, is manipulative and dishonest.
6. A disgruntled ex-lover of Stephanie's gives a long interview to T.V. Times, a television show, describing their defunct relationship in painful detail. He is not paid by T.V. Times, but he uses his appearance on the show to promote his self-recorded music.
Senator Box thought nobody was nearby while she and three friends, guests in her condominium, smoked marijuana using her elaborate water-cooled pipe. As luck would have it, however, the building's smoke alarm went off and the building was evacuated. A television news crew came to the scene, and Box's friend Ted was videotaped clutching the pipe. Ted told all who would listen whose pipe it was and what it was used for. Box suffered damages related to professional disgrace.
Her lawsuit against the television station for invasion of privacy should fail because:
there was no intrusion.
she experienced no injury.
the television station is not the proper defendant.
the gathering and dissemination were not unreasonable.
7. Tina is a famous golfer. Bois, a manufacture of golf carts, used Tina’s photograph in an advertisement for their golf carts. Although Tina does own a golf cart manufactured by Bois, she did not consent to the use of her picture. Tina brings an action against Bois for invasion of privacy. Tina will
prevail under the theory of false light
prevail under the theory of appropriation of name or likeness
prevail under the theory of public disclosure of private facts.
not prevail since she owns a golf cart by Bois.
8. The Connection is a local newspaper in a small town which publishes local information about births, graduations, marriages and deaths. The Connection published, in a recent issue, “Mary Higgins just gave birth to twin girls.” In fact Mary is not married and has not given birth. Mary has suffered ridicule and embarrassment because of the news reported by the Connection. If Mary brings a cause of action against the Connection she will
prevail as the statement was slander.
prevail as the statement was libel.
prevail under libel re quod.
not prevail if the Connection retracted the story.
9. Newman is a host of a national talk show. Newman is very controversial and specializes in exposing celebrities and politicians. Newman decided to exploit his notoriety by marking a series of CD’s entitled “The Lifestyle of the rich and famous.” The CD's were comprised of old interviews that he had given and an overview of his opinion of the person he interviewed. Newman, although he recorded every interview that he had ever done, never listened to the recordings. On the CD there was a statement made by Newman after he interviewed the vice president’s wife Allie Gorbie. He stated Allie Gorbie was a lesbian, and loved to be the man in her relationships. In fact the story was a complete fabrication. Newman made the statement after the interview because he was angry since he was not happy with the interview. Over 10, 000 CD’s have been sold. If Allie brings a cause of action she will:
not prevail since Newman did not know of the statement.
not prevail since the statement was an opinion.
prevail since she is a public figure.
prevail since the statement was published.
10. Lee, who had been a party in a bench trial before Judge Bright, was dissatisfied with the outcome of the case. After the trial was concluded, Lee held a press conference and told Reporter Judge Bright is a very unfair judge.” Judge Bright reads the article in the newspaper the next day. If Judge Bright brings an action he will
prevail under the theory of defamation.
prevail since the statement was published.
not prevail since the paper published the statement.
not prevail since the statement was an opinion
In: Operations Management
You have been asked to prepare and plan a graduation ceremony. Develop at least 7 tasks and related subtasks for proposing this project. Number the tasks as Task 1, etc., and subtasks as Task 1.1, Tasks 1.2, Task 1.3, etc. Write clearly and legibly.
In: Operations Management
Julaju drove a taxi on a part-time basis for El PalmarTaxi, Inc., usually only on Sundays and sometimes on Mondays. He worked an unrelated job on the remaining days of the week. Julaju was given certain rules to follow-dress neatly, do not allow smoking in the car, do not allow passengers in front unless absolutely necessary, and ask the passengers to wear their seatbelts. All cars driven for El Palmar had to be white and display the El Palmar logo. Julaju had obtained his taxi license from the city by filling out an application and giving it and the applicable fee to El Palmar.Julaju further testified that when he was driving a taxi, he did not have a set schedule and could work when he wanted and for as long as he wanted. While working, he drove either a car provided by El Palmarora car owned by another taxi driver. To obtain a fare from El Palmar, Julaju would call the office to let them know he was working and then wait for them to give him an address to pick someone up. While he was waiting, Julaju was free to look for his own fares. In the case in question, El Palmar sent Julaju to pick up Maria Lopez and her children. Julaju got into an accident, and Lopez filed suit with El Palmar to recover damages. El Palmar argued it was not liable because Julaju was an independent contractor.
[ Lopez v. El Palmar Taxi, Inc. , 297 Ga. App. 121; 676 S.E.2d460 (2009).]
Do you think the court ruled that Julaju was an employee or independent contractor?
In: Operations Management
I want answers to the following questions regarding "Operations Strategy in a Global Environment":
The word count is less than 100 words for each question. I just want basic concepts of the following questions.
1. How does a corporation expect to accomplish its missions as
well as objectives?
2. What is the concept of an exceptional competitive
advantage?
3. Explain some cases of social and moral problems faced by global
operations managers?
4. How can the supply chain boost global operations?
In: Operations Management