DSST Business Law

Only federal organization that has the power to bring

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Only federal organization that has the power to bring criminal actions, and civil actions against antitrust law violators d.iii) Federal Trade Commission has the power to: (d.iii.1) advise, (d.iii.2) issue decrees, (in which it agrees not to impose penalty for an end violation) (d.iii.3) issue cease and desist orders, or (d.iii.4) bring civil action to violators 157) State Attorney General – has the power to sue antitrust violators, and bring civil action against on behalf of injured resident a) Resident who suffered can bring civil damage against antitrust violator 158) Potential Entrant Effect – where a company is efficient to discourage new competition a) Significant in antitrust laws as conglomerate mergers eliminate this effect, reduce competition 159) Antitrust Exemptions – Government, government officials, Major League Baseball, Labor Unions, and the Insurance industry 160) Securities Exchange Act of 1934 – a) Created the Security Exchange Commission (SEC) – which regulates brokerage firms, the New York Stock Exchange, etc. a.i) Prohibits Insider Trading – where a person trades stocks based on insider information 161) Foreign Corrupt Practices Act of 1977 – prohibits any person or firm in the U.S. from making a corrupt payment to a foreign official to obtain or keep business a) Bribes to foreign officials are illegal 162) Foreign Sovereign Immunities Act allows companies to file lawsuits against other countries for commercial related activity 163) Occupational Safety and Health Act of 1970 – OSHA – designed to foster a safe and healthy workplace a) Inspections are conducted – generally those with highest life-threatening situations b) OSHA ACT - Created the National Institute for Occupational Safety and Health b.i)This institute is responsible to research and advise OSHA on new health and safety rules and regulations c) OSHA ACT – Created the Occupational Safety and Health Review Commission c.i) Created to review appeals from OSHA’s decisions
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BUSINESS LAW - CLEP 164) FMLA – Family Medical Leave Act a) 12 weeks unpaid leave in a 12 month period b) Applies to government employees c) Private employees over 50 workers d) Must work for 1year and give reasonable notice to be eligible e) Return to same job, same benefits, same pay e.i) This does not apply to highest 10% paid in employer’s workforce f) If state law is MORE Generous than FEDERAL law for FMLA, employers are bound by STATE law.. 165) Title VII Civil Rights Act – most significant anti- discrimination law of 1964 a) Forbids discrimination on race, color, sex, religion or national origin in all aspects of employment, hiring, firing, promotions, compensation, etc. a.i) Sexual orientation not protected a.ii) Age Discrimination in Employment Act of 1967 – ADEA – outlaws discrimination against people over 40 years old a.iii) Americans with Disabilities Act of 1990 – cannot discriminate against individuals with disabilities a.iv) Pregnancy Discrimination Act of 1978 – cannot discriminate against pregnancy, child birth etc, 166) Disparate Treatment – banned by Title VII
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