History of the Flsa Essay - 982 Words

The History of the Fair Labor Standards Act Abstract After the great depression, unions were legalized in order to be the voice for the workers for whom they represented to their employers. Once this legalization became evident through federal statute, set the stage for what was to become the Fair Labor Standards Act. Having just survived a depression, the United States was hoping to avoid any future economic downturns, the government would accomplish this with paying higher wages that the employer could afford and employees could provide for their families. The History of the Fair Labor Standards Act The Fair Labor Standards Act (FLSA) is administered by the United States Department of Labor Wage and Hour Division.†¦show more content†¦The President set out to raise wages, create employment, and thus restore business, the Nations employers signed more than 2.3 million agreements covering 16.3 million employees (Grossman, 1978). On White Monday, March 29, 1937, the High Court reversed its course when it decided the case of West Coast Hotel Company v. Parrish, the plaintiff was suing for back wages, in a turnaround, Justice Owen Roberts voted with the four-man liberal minority to uphold the Washington minimum wage law; the FLSA had been vindicated. Justice Roberts vote and big switch was an important event in American legal history, social history in America also changed for the legal attitude toward labor standards (Grossman, 1978). The FLSA achieved its aim through a single mandatory device: forced overtime pay, it forces employers to pay employees when working lon ger than 40 hours. Rather than balancing the interests of employers and employees, the obligations and burdens imposed by the Act are completely one-sided; they favor employees alone (Wilson, 2005). Moving forward, the FLSA was amended by the Portal-to-Portal Act on May 14, 1947, this legislation was significant because it resolved some issues as what constitutes compensable hours worked (Dept. of Labor, 1988). This act defined compensable work time,Show MoreRelatedThis American (Working) Life1053 Words   |  5 Pagesteachers, managers and others are not required by law to receive overtime pay (U.S. Cong. Federal Labor). These and other professions are labeled exempt from the Fair Labor Standards Act. An exempt profession, when put on a salary, is not protected by the FLSA and can work as many hours as required with no extra compensation. According to a new bill, S. 1747 The Computer Professionals Update Act , legislators would extend these exemptions to other IT professions ( 27-31). In a time when it is hard to findRead MorePatel V. Quality Inn South1328 Words   |  6 Pagesnot protected under the Fair Labor Standards Act (FLSA) (â€Å"PATEL v. QUALITY, † n.d.). The Eleventh Circuit Court contacted the U.S. Department of Labor in order to determine whether or not undocumented aliens could protest and file for violations under the Wage and Hour Division (WHD) of the Fair Labor Standards Act (FLSA). The U.S. Department of Labor responded and took â€Å"the position that undocumented aliens were covered by the provisions of the FLSA and thus were entitled to its protections† (â€Å"PATELRead MoreFair Labor Standards Act of 19381718 Words   |  7 Pagespassed, and the President described it in the following way â€Å"Except for the Social Security Act, it (the FLSA) is the most far-reaching, far-sighted program for the benefit of workers ever adopted here or in any other country.† (Nordlund). The FLSA, as it is known, set a maximu m number of hours worked, established a minimum wage earned, and set standards for overtime pay. The other aspect of the FLSA is that it outlawed child labor, restricted interstate trade of items made using child labor and setRead MoreThe Impact Of National Relations Labor Act ( Nlra ) And The Fair Labor Standards Act1181 Words   |  5 Pagesworking conditions, wages and benefits improved over the last century with the workforce increasing six fold over the period (Gould, 1986). This research will focus on impacts of National Relations Labor Act (NLRA) and the Fair Labor Standards Act (FLSA) enacted in the 20th century, including major circumstances that led to the intent of the legislation. In addition, research will show applicability of these two law’s in today’s environment and modernization recommendations. National Labor RelationsRead MoreThe Importance Of An Integral Workforce Within The United States Economy1704 Words   |  7 PagesHarris, author of â€Å"Conceptions of Fairness and the Fair Labor Standard Act†, proclaimed that the passage of the act was the creation of a statue that is beneficial to the less powerful at the expense of the more powerful (2000). The foundation of the FLSA gave the working class a legal tool which could be used against companies’ oppression. This paper will discuss how the Fair Standards and Labor Act provided legal fortitude to the decision affirmed in Tyson Foods, Inc. v. Bouaphakeo (136 S. CT. 1036Read MoreFDR’s Alphabet Soup1158 Words   |  5 Pageswas the Fair Labor Standards Act (FLSA) during President Roosevelt’s second term in 1938. The Act would have been approved sooner but it took multiple tries for the to get passed. The FLSA further regulates hourly wages, child labor, and regulated the maximum workweek at 44 hours. It did require or regulate individual vacations for employers. Nor did it include sick pay, meal periods, weekend or holiday pay regulations, raises, or reasons for termination. The FLSA included the private, state, governmentRead MoreEmployment Law831 Words   |  4 Pagesto brief the audience globally on the USA employment laws and regulations but not limited to Sexual harassment, Wage and Salary Legislation, Recruitment, Interviewing, Affirmative Action, Equal Employment and the ADA. This paper will go over the history of a few of the important acts that have been passed over the years to protect employees in the United States. It will also discuss the major protections that these acts provide and who are eligible for that protection. Now that the Pomodoro, IncRead MoreMinimum Wage and Its Implications763 Words   |  3 Pageseffects that will have a significant impact on national economy. 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Some laws might be seen as moreRead MorePros and Cons of Raising a Minimum Wage Essay1126 Words   |  5 Pagestwo minimum wages. In this paper we will discuss the brief history of the minimum wage law and its current legislation. We will also analyze the pros and cons of raising the minimum wage, and the merits of each argument. The minimum wage was first introduced in New Zealand in 1894. It wasn’t until 1938, that President Franklin D. Roosevelt signed the first US minimum wage law called the Fair Labor Standards Act (FLSA). The FLSA sets standards for the basic minimum wage, which required employers

The Effects Of Modern Mass Culture On Modern Society

Advertising is one of the most common types of social communication and an integral element of modern mass culture. It was the product of the development of market-oriented economic culture production methods, gradually, as the development of information technology in the process of historical evolution, becoming one of the most important social institutions of modern society. The study of nonverbal communication was engaged by scholars such as A. Pease, E. Hall, R. Berdvistell, G. Wilson, M. L. Knapp. Advertising is one of the channels of social communication. The system of social communication provides not only the preservation and rebroadcast achievements of culture and cultural norms and everyday practices, but it is also a crucial part of the process of inculturation personality which is essential to the processes of social development as a whole. An important event in the evolution of modern mass culture was the so-called â€Å"visual turn† resulting from the multimedia revolution of XX-XXI centuries.This revolution led to the dominance of visual cultural forms, including outdoor advertising as a mass phenomenon culture. With the growth of technological innovations in the world for basic communication techniques and processes it is significant to realise how a switch from face-to-face communication as the principal intends of communication to CMC (Computer Mediated Communication) would influence our global society (Plumb 2014). Non-verbal communication is a collection ofShow MoreRelatedCulture Globalization and Its Impact on Recreation Culture1353 Words   |  6 Pagessocial phenomenon what appear on societies , but globalization appearance and its effect on any field will connected by cultural and ideological debates what its to hard to predict its results. 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Nursing Ethics for Utilitarian Approach - myassignmenthelp.com

Question: Discuss about theNursing Ethics for Utilitarian Approach and Deontology. Answer: Introduction The case study is concerned about Sam. Sam is a 21 years old boy, who had been admitted to the hospital with acute abdominal pain. According to the reports he had a past medical history of drug associated psychosis. Self harming and agitated behavior of Sam have compelled the clinical staffs to put him under restraints. According to Camilla, who was the nurse attending Sam , restraint on Sam would not only exacerbate Sams violence and agitation, but will also put other patients and the nurse at risk. The following essay will throw light on the different codes of ethics of nursing that have been breached in this case study. This essay will also critically analyze the nursing codes of ethics and the rights of human dignity associated to this case. The essay will further explain the utilization of the alternative methods of care for the preservation of the ethics of nursing. Discussion Utilitarian approach- This approach assesses an action in terms of the consequences and the outcomes. According to this ethics any decision would be made for the greater good. One act can be harmful for a particular patient, but it would provide safety to the other patients (Gray Schein, 2012). Deontology- The deontological approach is the normative ethical position that will determine the morality of action based on the rules. As per the deontological of ethics, an action may be considered as good, because of the feature of the action itself and not because of the product of the action ( Gray Schein, 2012). Libertarianism- This approach emphasizes on freedom of choice, individual judgment, freedom of speech and autonomy. In this case it is evident that the clinical staffs have imposed restraints on Sam, which may be considered as the breaching of the autonomy of the patient (Gray Schein, 2012). Even if the entire intent was for the betterment of the patient, leaving the patient out of his decisions leads to violation of the self of the concerned patient. Natural Law: this theory suggests that law and morality are interdependent and are interconnected. As per the theories of the Natural law, morality in human beings is derived from the nature (Chadwick Gallagher, 2016). Virtual theory: this approach emphasizes on giving importance to the individual character. There are 3 main virtues of ethics. They are- Ethics of care, Eudaimonism and Agent based theories (Chadwick Gallagher, 2016). Egalitarianism: Equity should be maintained among all the people living in the society. This concept is based on the fact that all human beings are equal. This approach is well acceptable in nursing practices, as this is one of the sole principles that a nurse should follow (Gray Schein, 2012). In this case it can be found that if the nurse performs according to the convenience of the patient, then it can bring in harm for the other clinical staffs. Again for the safety of other patients, if the patient is applied restraint and is tied, then it will be against the nursing ethics of autonomy (Chadwick Gallagher, 2016). The different ethical of virtues of Principlism are Justice, Non maleficience, beneficence, respect for the autonomy of the patient and respect for human integrity and dignity (Beauchamp, 2016). The ethical principle of Autonomy refers to freedom in patients. Another ethical principle refers to Beneficence (Burkhardt Nathaniel, 2013). This principle approaches a type of care that is best for the patient and involves good conduct of the nurses. In order to apply beneficence in nursing, nurses sometimes have to take up rude decisions which are intended for the betterment of the patient. The principle of Non maleficense follows that a patient should not be harmed at any cost (Chadwick Gallagher, 2016). It should be made sure that the act that is being done with the patient is intrinsically not wrong and have some underlying superior effects. The concept of Justice refers to a complicated conundrum, if a patient is forcibly detained against his consent. In this case study the different principles of ethics that has been breached are beneficence, Justice, Non maleficence and Respect for patient autonomy, respect for human dignity (Lin, Watson Tsai, 2013). The primary codes of ethics that have been breached in this case is that Although Sam was showing anger and aggression, he would not be harmed at any cost (Burkhardt Nathaniel, 2013). Second ethical issue that has been breached in this case is non-maleficence shown by the nurse named Julia. According to Julia, investing time on Sam would be just a waste of time. In case of Camilla, the type of dilemma that has been faced by her is of utilitarian approach. The statements made by Julia are associated to the moral and the ethical principle of Utilitarian approach (Lin, Watson Tsai, 2013). This kind of approach can ham the individual but it would cater to some greater good. In this case, it is clearly evident that if Sam is set free then he might harm other patients and the clinical staffs, which will reduce the maximum, benefit (Butts Rich, 2015). Principles of maleficence indicate that no patient should be harmed in any way, thus principle of maleficence have been breached in this c ase (Grace, 2017). Secondly, it can be seen from the concerned case study that Julia had expressed discontent regarding provision of treatment to Sam. Thus, the principles of Justice and Egalitarianism had been breached in this case. It is evident from the case study that Camilla is inclined to the concept of deontology and thus is perturbed about the mental condition of Sam (Beauchamp, 2016). As per the theory of virtue, it is necessary to consider the condition of the individual before judging a patient. In this case Julia is judging Sam on the basis of his attitude and action. She is not considerate about the mental health of Sam and is more concerned about their own well being. It is clearly evident from the case study that Camilla has been showing concerns for Sam as well as her peers. Therefore it can be said that Camilla is adopting the egalitarianism theory that believes on equality among the all human beings. It is proved from the case study that Camillas mind set is directed by the ethical principle of liberty (Grace, 2017, Kangasniemi, Pakkanen Korhonen, 2015). Only Camilla has identified that although application of restraint would bring about positive impact on other patients and nurses, this would be against the rights of liberty of Sam. There are certain codes of professional conduct that needs to be upheld by the nurses during their nursing regimen. A nurse should be able to provide care to the patient that is culturally safe and competent. A nurse should be able to provide a quality nursing care to all the patients (Grace, 2017, Kangasniemi, Pakkanen Korhonen, 2015). Nurses should be able to value the culturally diversified people and would be able to provide a care that is patient centered. As per the nursing codes of conduct it is necessary to rule out the determinants of poor health such as race, psychosocial and the cognitive disability, socio economic statues (Grace, 2017, Kangasniemi, Pakkanen Korhonen, 2015). It is essential to built up a socially, economically and ecologically sustainable ambience to mitigate the harmful effects of these social determinants. Human dignity is an individuals sense of self worth and self respect (Grace, 2017, Kangasniemi, Pakkanen Korhonen, 2015). Every patient has been entitled to get some basal level of care, which includes food, shelter and personal safety. The human rights in nursing practice involves respect, proper recognition, protection of economic, civil, cultural and political rights in human beings (Curto et al., 2016). It should be noted that there are certain episodes of care that may appear to be frightening for the patient and can conflict with the ethics of human dignity. In this case Sam has been applied restraint, so that he does not harm himself and others, but such an action can lead to further agitation and annoyance in Sam and erosion of his dignity. The practice of nursing is something beyond delivering care to the patients. It includes provision of maleficence, beneficence, patent advocacy, justice and integrity to the patient(Chadwick Gallagher, 2016). It is evident from the case study that the medical team had ordered restraint on Sam. As a nurse it is essential to understand the physical and the emotional burden in Sam, which is acute abdominal pain and his psychosocial dysfunction (Ivanov Oden, 2013). Therefore as a nurse my first recommendation can be to adopt alternative techniques which would be safe and would not harm the integrity of the patient. It should be mentioned that application of restraint may be dangerous for mental patients. A patient with psychosocial problems should be dealt holistically, such that an ambience of trust generates between the patient and the nurse. Sam could have been left alone for some times unless he settled down them he could have convinced regarding is treatment. It is known from the case study that apart from Camilla, the other clinical staffs were resentful in attending Sam. Instead of doing this, all the clinical staffs could have utilized a collaborative approach and would have acted as a therapeutic team in care of Sam. Conclusion The above mentioned case study provides us with a vivid idea regarding the nursing codes of ethics and also determines the ethical codes that have been breached in this case. Thus it can be concluded that non-maleficence, beneficence, dignity and integrity in patients should be considered critically while dealing with patients like Sam. However keeping his aggression and agitation in mind, restraints would support the law of deontology but can have negative impact on mental patients. References Beauchamp, T. L. (2016). Principlism in Bioethics. InBioethical Decision Making and Argumentation(pp. 1-16). Springer International Publishing. 27 September 2016 Buchanan, A. (2010). The egalitarianism of human rights.Ethics,120(4), 679-710. Burkhardt, M. A., Nathaniel, A. (2013).Ethics and issues in contemporary nursing. Nelson Education. Butts, J., Rich, K. (2015). Foundations of Ethical Nursing Practice.Role Development in Professional Nursing Practice,117.p.p. 117 Chadwick, R., Gallagher, A. (2016).Ethics and nursing practice. Palgrave Macmillan. Curto, M., Masters, G. A., Girardi, P., Baldessarini, R. J., Centorrino, F. (2016). Factors Associated with Costs of Hospitalization of Severely Mentally Ill Patients.Bipolar Disord,2(104), 2. DOI: 10.4172/jbd.1000104 Gray, K., Schein, C. (2012). Two minds vs. two philosophies: Mind perception defines morality and dissolves the debate between deontology and utilitarianism.Review of Philosophy and Psychology,3(3), 405-423. https://journals.sagepub.com/doi/abs/10.1177/0969733012458609 Ivanov, L. L., Oden, T. L. (2013). Public health nursing, ethics and human rights.Public Health Nursing,30(3), 231-238. DOI:10.1111/phn.12022 Kangasniemi, M., Pakkanen, P., Korhonen, A. (2015). Professional ethics in nursing: an integrative review.Journal of advanced nursing,71(8), 1744-1757. DOI:10.1111/jan.12619 Kangasniemi, M., Vaismoradi, M., Jasper, M., Turunen, H. (2013). Ethical issues in patient safety: Implications for nursing management.Nursing ethics,20(8), 904-916. Retrieved from: https://journals.sagepub.com/doi/abs/10.1177/0969733013484488 Lin, Y. P., Watson, R., Tsai, Y. F. (2013). Dignity in care in the clinical setting: A narrative review.Nursing Ethics,20(2), 168-177.retrieved from https://journals.sagepub.com/doi/abs/10.1177/0969733012458609 Taylor, R. M. (2013). Ethical principles and concepts in medicine.Handbook of clinical neurology,118, 1-9. DOI:10.1016/B978-0-444-53501-6.00001-9