Minimum Wage in California Research Paper Free Essays

The lowest pay permitted by law is the base hourly, every day or month to month wage that must be paid to representatives or laborers. Every nation sets its own lowest pay permitted by law laws and guidelines, and in excess of 90 percent of all nations have a lowest pay permitted by law enactment. In the United States, legal least wages were first presented broadly in 1938 (Wikipedia, the free Encyclopedia). We will compose a custom paper test on The lowest pay permitted by law in California Research Paper or on the other hand any comparable subject just for you Request Now The lowest pay permitted by law was instituted in 1938 as a feature of the Fair Labor Standards Act. The main the lowest pay permitted by law was .25 60 minutes. This has expanded throughout the years and the ebb and flow government the lowest pay permitted by law is $5.15 60 minutes (Minimum Wage from http://jobsearch.about.com/od/minimumwage/a/minimumwage.htm) California least wages depends on their law to be executed and forced for the business to follow for the security of both the representative and the business. Body of the Paper The California State Senate and Assembly have affirmed enactment that would give 1.4 million the lowest pay permitted by law workers a $1-an-hour raise and lift yearly compensation to stay aware of swelling. The Federal Minimum Wage Labor Law for California expressed that representatives under 20 years old might be paid $4.25 every hour during their initial 90 back to back schedule long stretches of work with a business. Certain full-time understudies, understudy students, disciples, and laborers with incapacities might be paid not exactly the lowest pay permitted by law under uncommon declarations gave by the Department of Labor. California law is exacting and savage to managers who have inappropriately paid the laborers under $6.75 every hour. Not just that a businesses qualified for pay the unpaid the lowest pay permitted by law pay, yet additionally the intrigue and punishments too. In any case, the option to gather unpaid the lowest pay permitted by law pay doesn't keep going forever. Truth be told, if u delays in asserting the unpaid wages, you danger of losing unpaid the lowest pay permitted by law for work happening over three years before your recording of a claim. Despite the fact that there are a few special cases, in light of the fact that practically all representatives in California must be paid the lowest pay permitted by law as required by state law. Powerful January 1, 2002, the lowest pay permitted by law in California is $6.75 every hour. There are a few workers who are absolved from the lowest pay permitted by law, for example, outside salespersons, people who are the parent, mate, or offspring of the business, and students normally obligated under the State Division of Apprenticeship Standards. (The lowest pay permitted by law Order, MW-2001). California Wage Law has a special case for students, paying little heed to age, who might be paid at least 85 percent of the lowest pay permitted by law adjusted to the closest nickel during their first 160 hours of work in quite a while in which they have no past comparative or related understanding. There are likewise exemptions for representatives who are intellectually or truly debilitated, or both, and for philanthropic associations, for example, shielded workshops or restoration offices that utilize handicapped laborers. Such people and associations might be given a unique permit by the Division of Labor Standards Enforcement approving work at a compensation not exactly the lawful the lowest pay permitted by law (Minimum Wage Labor Code Sections 1191 and 1191.5). The lowest pay permitted by law enactment might be deciphered as making it either unlawful for businesses to pay laborers not exactly the lowest pay permitted by law, or unlawful for laborers to give work or administrations to not exactly the base. White worker's guilds campaigned for the acquaintance of the lowest pay permitted by law laws with prohibit dark specialists from the work advertise. This lowest pay permitted by law keeps dark specialists from selling their work for not exactly white laborers, the dark laborers were kept from seeking occupations held by whites in spite of the fact that the business is fined and additionally detained for infringement, and the laborers likewise loses their opportunity to do what they need for themselves. The lowest pay permitted by law offers significant advantages to low-wage laborers without negative impact. The best ongoing examination demonstrated that the activity misfortune revealed in before investigations doesn't; happen when the lowest pay permitted by law is expanded. On the off chance that the lowest pay permitted by law were expanded broadly to $7.25: practically 14.9 million laborers would get a raise, and 80 percent of those influenced are grown-ups age 20 or over, and 7.3 million youngsters would see their parent’s pay rise that can make the family’s pay stable. Families with influenced laborers depend on those laborers for over portion of their earnings.46 percent of all families with influenced laborers depend exclusively on the profit from those laborers. Some lowest pay permitted by law laborers stay in low-wage occupations for generous periods. The best late exploration on the financial effect of the lowest pay permitted by law shows constructive outcomes without work misfortune. Indeed, even the exploration that recommends a negative work advertise impact shows just an insignificant effect that is more than balance by the higher pay levels. The states that have embraced higher-than-government least wages have seen low-wage laborers salaries ascend with no negative reactions. More than 650 business analysts, including five Nobel Prize champs and six past leaders of the American Economics Association, as of late marked an announcement expressing that government and state the lowest pay permitted by law increments â€Å"can essentially improve the lives of low-salary laborers and their families, without the unfriendly impacts that pundits have claimed† (EPI 2006). End Startingâ January 1, 2002, the lowest pay permitted by law in California is $6.75 every hour it is carefully forced and executed by Law to be follow by all the organizations both open and private segments. In this Minimum Wage law there is the contrast between the state and government the lowest pay permitted by law? It expressed that most managers in California are dependent upon both the government and state the lowest pay permitted by law laws. The impact of this double inclusion is that when there are clashing necessities in the laws, the business must keep the exacting norm; the one that is the most helpful to the representative. Since California’s current law requires a higher the lowest pay permitted by law rate than does the government law, all businesses in California who are dependent upon the two laws must compensation the state the lowest pay permitted by law rate except if their workers are excluded under California law. The lowest pay permitted by law is a commitment of the business and can't be deferred by any understanding, including aggregate bartering. Also, in this law any healing enactment composed for The assurance of workers may not be damaged by understanding between the business and representative (Minimum Wage, Civil Code Sections 1668 and 3513). California law of the lowest pay permitted by law expressed that there is no qualification made among grown-ups and minors with regards to installment. Furthermore, a business may not utilize employee’s tips as a credit towards its commitment to pay the base wages On the off chance that the business doesn’t pay the representative it is additionally expressed in the law that a worker can document a claim in court against the business to recuperate the lost wages and it is the obligation of the court to arrange the business to pay the attorney’s expenses, and if your not working for this business, you can make a case for the holding up time punishment according to Minimum Wage Labor Code segment Today, the income of a full-time the lowest pay permitted by law specialist with a group of three would acquire $10,712 per year, accordingly falling beneath the authority 2006 government destitution level of $16,600. Despite the fact that the government destitution line is an insufficient proportion of the pay expected to help a family, this examination features the serious deficiency of the current the lowest pay permitted by law (Fisher 1999). At last, the profit of the lowest pay permitted by law laborers are fundamental to their families’ all out pay. While not all lowest pay permitted by law laborers are poor or are the sole provider for their families, it is striking how significant low-wage workers’ salary is to their monetary prosperity. By and large, families with influenced laborers depend on those laborers for over half (59%) of the Families’ all out profit. Almost half (46%) of all families with an influenced specialist depend entirely on the income of those laborers. References: Laws of Minimum Wage in California, Retrieved November 18, 2006 from http://www.mcmillanlaw.us/California_Overtime_Law/California_minimum_wage.htm The lowest pay permitted by law, Retrieved November 18, 2006 from http://jobsearch.about.com/od/minimumwage/a/minimumwage.htm The lowest pay permitted by law, Retrieved November 18 from Wikipedia, the free Encyclopedia The lowest pay permitted by law in California, Retrieved November 18, 2006 from http://www.dol.gov/esa/minwage/america.htm ; The most effective method to refer to Minimum Wage in California Research Paper, Essays

Effect of Personality, Biases, and Organizational Factors in Management

The investigation of successful administration uncovers it is perplexing and can be a troublesome exercise in careful control even with preparing and experience. A viable supervisor should have the option to lead and rouse their group while improving the organization’s standing and their own abilities. Both cognizant and oblivious variables may decidedly or adversely influence a manager’s achievement. A manager’s character and predispositions just as authoritative culture and standards are only a portion of those variables. This paper will investigate the impacts of character, inclinations, and hierarchical factors on the job of the board using the meeting of, and the writer’s individual experience as a worker of, Chase Branch Manager, Regina Geis. Contemplations The complexities of what makes a viable administrator are various and have evoked numerous investigations bringing about a few speculations. The fundamental contemplations that will be investigated in this paper are character, predispositions, and authoritative variables. Five Factor Model. The Five Factor Model (FFM) is a broadly settled upon technique for characterizing character attributes and will be utilized with the end goal of this paper. The five variables and the related characteristics are: †¢ Openness to encounter: innovativeness, interest, and boldness †¢ Conscientiousness: order, effectiveness, and association †¢ Extraversion: active, fiery, and garrulous †¢ Agreeableness: liberality, empathy, and good faith †¢ Neuroticism: cynicism, enthusiastic insecurity, and negative feelings. Generally, these elements are measure by low to elevated levels in a person. Just a single significant level factor will be ascribed to the interviewee once survey of the meeting is performed. Inclinations. Inclinations or heuristics are assumptions that are made through differe... ...., MacKenzie, S. B., Paine, J.B., and Bachrach, D. G. (2000). Hierarchical Citizenship Behaviors: A Critical Review of the Theoretical and Empirical Literature and Suggestions for Future Research. Diary of Management, 26 (3), 513â€563 Pronin, E. (2006). Discernment and misperception of inclination in human judgment. Patterns in Cognitive Sciences, 11(1), 37-43. Recovered from http://psych.princeton.edu/brain science/inquire about/pronin/bars/2007%20Bias%20Perception.pdf Riley, S. (2005). Herzberg's two-factor hypothesis of inspiration applied to the persuasive strategies inside money related organizations. (Senior Honors Theses, Eastern Michigan University). Recovered from commons.emich.edu/cgi/viewcontent.cgi?article=1118&context=honors Robbins, S. P., De Cenzo, D. An., and Coulter, M. (2013). Basics of the executives (eighth ed.). Upper Saddle River, NJ: Prentice Hall. ISBN-13: 9780132620536

More Is Less

More Is Less Less is more. We all know this saying, first popularized by minimalist architect Ludwig Mies van der Rohe, which has been transformed into a platitude by advertisers, TV shows, and even corporate America as it right-sizes people out of their livelihoods (“We’ll have to learn to do more with less around here.” ). But is less really more? And if so, is the opposite true? Is more actually less? Questions like this may be more important than you think. The two of us enjoy taking commonly accepted truisms and trite stock phrases and flipping them on their axes, exploring the obverse side of cliches and hackneyed phrases, shedding light on the opposite sides of supposed facts. For example, what moniker does our culture often assign to a well-adjusted, ostensibly successful person? We often say that these people are anchored (“He is such an anchored person.” ). We heard this term frequently during our late twenties: we were regularly described as anchored people, and for the longest time we took this as a compliment. Then we stopped taking it at face value and asked, “What is an anchor?”  That question led us to an important discovery about our lives: an anchor is the thing that keeps a ship at bay, planted in the harbor, stuck in one place, unable to explore the freedom of the sea. Perhaps we were anchoredâ€"we knew we weren’t happy with our livesâ€"and perhaps being anchored wasn’t necessarily a good thing. In the course of time, we each identified our own personal anchorsâ€"circumstances keeping us from realizing real freedomâ€"and found they were plentiful (Joshua catalogued 83 anchors; Ryan, 54). We discovered big anchors (debt, bad relationships, etc.) and small anchors (superfluous bills, material possessions, etc.) and in time we eliminated the vast majority of those anchors, one by one, documenting our experience in our first book, Minimalism: Live a Meaningful Life. It turned out being anchored was a terrible thing: it kept us from leading the lives we wanted to lead. Not all our anchors were bad, but the vast majority prevented us from encountering lasting contentment. Are you an anchored person? Is that a good thing? What are some of your anchors? And what other axioms might you want to question? Which brings us back to our original set of questions: Is less really more? If so, is more actually less? We suggest the answer to both is yes. Owning less stuff, focusing on fewer tasks, and having less in the way has given us more time, more freedom, and more meaning in our lives. Working less allows us to contribute more, grow more, and pursue our passions much more. Having more time causes less frustration and less stress, more freedom adds less anxiety and less worry, and more meaning in our lives allows us to focus far less on life’s excess in favor of what’s truly important. So, more is less? Yes, more or less. Read this essay and 150 others in our new book, Essential.

Role of the Cyborg in Rethinking Gender and The Nature of Human Free Essay Example, 3250 words

Prenatal diagnostic data and testing provides a similar function, and profoundly affects a pregnant woman's experience of her pregnancy and her fetus. Casper (1995) has argued that amniocentesis transforms pregnancy into a "tentative" event, contingent on the outcome of testing. And what kind of knowledge does this prenatal diagnostic data ffer pregnant women? Most significantly it will tell them whether or not their fetuses are genetically defective or monstrous. Yet, as Casper points out, "because there are currently very few treatment options for genetic diseases, prenatal diagnosis leaves pregnant women with only two "choices": abort or carry a potentially "defective" baby to term, often with significant clinical and social ramifications" (p189). We are, after all, a culture that values "perfect", rather than "monstrous" babies. While these technologies can be viewed, and indeed are surly experienced as empowering for pregnant women which offers many social and economic benefit s, Stabile has persuasively argued that paradoxically, prenatal diagnosis is able to function like this only because "the maternal space has, in effect, disappeared and what has emerged in its place is an environment that the fetus alone occupies. " (1992, p180) Ultrasound images, for example, are used to detect birth defects and "see" how many fetuses are inside the womb. We will write a custom essay sample on Role of the Cyborg in Rethinking Gender and The Nature of Human or any topic specifically for you Only $17.96 $11.86/page These foeto-centric practices that can be seen as threatening the pregnant woman's embodied agency and blurring the distinction between the physiological event of pregnancy and a woman's subjective experience of it is perhaps most strikingly represented in the practice of PMV (Post-Mortem Maternal Ventilation). In PMV brain-dead pregnant women are kept alive via intricate life-support or ventilation technologies in order to sustain the fetus until it grows to viability, at which point it is delivered. These fetuses are not transformed by any outside technology, rather it is the dead mother who is transformed into the technology that keeps the fetus alive, described by surgeons as "the best heart-lung machine available" (Casper, 1995, p196). Hartouni has argued that the discourse surrounding PMV sustains the view that motherhood is a "natural condition and a state of bodily being, rather that a deliberate social activity", in which women are reduced to "biolo gical tissue and process" (1991, p32). In this context, PMV could be seen as simply the most vivid reflection f the processes of recuperation also familiar to genetic reproductive technologies and prenatal diagnostics that are targeted at positioning reproduction within disciplinary structures, and are organized towards functionalizing women's reproductive power in line with the economic needs of contemporary society.

Ancient Penguin Discoveries and Evolution Essay - 1207 Words

Ancient Penguin Discoveries and Evolution In a recent BBC News article, Ivan Noble discusses the possibility that ancient penguins may hold the key to unlocking the mysteries behind the complicated molecular clock of evolution. Although a seemingly unlikely animal to research, prehistoric penguin remains in the Antarctic often have been the basis for study, research, as well as debate in the modern science world. Because the prehistoric relatives of the cute and cuddly modern day birds have colonies that are â€Å"characterized by high densities and high mortality†, large deposits of the subfossil bones â€Å"have been serially preserved in the cold Antarctic environment† (Lambert Ritchie), making the animals prime candidates for†¦show more content†¦The distinctive mutations, which are thought to â€Å"occur at a steady rate† (Noble), can then be traced, tracked, and recorded in the fossil record. Determining the age of the remains proved critical in the discovery. In this study, ancient penguin â€Å"guano† (an accumulation of dung) was radio-carbon dated to ensure accurate sequencing. Ages also were assigned to nucleotide sequences from bones, either because the â€Å"bones themselves were directly dated or strata from which they were isolated were dated† (Lambert Ritchie). The radiocarbon ages of Adà ©lie penguin bones demonstrate that both mitochondrial lineages were present at least 6082 years ago, and possibly as far back as 8000 years ago. Surprisingly, it is not the fossils’ themselves, or even the fossils’ old age, that makes the discovery unique. The DNA samples from these bones, however, offer valuable insight into the same molecular clock that scientists use to investigate the evolutionary history of animals. Because the â€Å"ancient DNA extracted from the frozen Adà ©lie penguin bones was of high quality† (Lambert Ritchie), scientists were able to analyze any and all major splits between the two discovered lineages. By comparing the DNA of ancient bone samples to samples from modern day living animals, researchers â€Å"constructed median networks† in order to â€Å"display relationshipsShow MoreRelatedThe discovery of The Dead Sea Scrolls Essay980 Words   |  4 Pages The discovery of The Dead Sea Scrolls was the most important archeological discovery in history, and the single most important biblical find ever. The term Dead Sea Scrolls refers to the 850+ documents, most left in fragments from the wear of time, that were discovered in the Judean desert, around Qumran. Two teenage boys one a 15-year-old Bedouin shepherd first discovered the documents. The boys were surprised to hear the sound of breaking pottery upon throwing rocks down a hole they discoveredRead MoreNeil Degrasse Tyson s Theory Of Evolution1890 Words   |  8 PagesNeil DeGrasse Tyson once said â€Å"The theory of evolution, like the theory of gravity, is a scientific fact†. Neil DeGrasse Tyson is an acclaimed astrophysicist, cosmologist, and science communicator and has influence in the scientific world we live in today. â€Å"Biological evolution, simply put, is descent with modification† (â€Å"An Introduction to†¦Ã¢â‚¬ ). â€Å"This definition encompas ses small-scale evolution and large-scale evolution (the descent of different species from a common ancestor over many generations)†Read MoreThe Power of Nature and Nurture Essay1562 Words   |  7 Pagesinstead, genetics and environmental influences combine to form human behaviorism, character, and personality traits that constantly change and develop throughout life. The debate on nature versus nurture has existed for thousands of years. Ancient philosophers Plato and Aristotle formed the argument through conflicting beliefs on the basics of human knowledge. Plato felt wisdom was innate, that all people were born with knowledge, and their experiences only helped to remind them of what theyRead MoreEssay about The Fall of the Roman Empire1275 Words   |  6 Pagesbecome self-sustaining. Once again the slave trade was a reason that their technology levels failed to increase. The bulk of work done in the Roman Empire was always carried out by the slaves. This provided very little need or incentive for new discoveries. By neglecting the important technological advance, there was no increase in the efficiency of running Rome. Therefore, it was left behind from the start. What then started out small grew to a life threatening wound. With all of these stumblingRead MoreTheories of Development2183 Words   |  9 Pagesextension of external relatio ns such as war and trade (Marx Friedrich, 1983). According to Marx (1993), the growing independence of the individual within the community meant that it was not possible for the traditional stage to survive. Ancient Stage: in the ancient mode of production classes were prevalent. The ruling class controlled the surplus and, therefore, controlled the lower class (Marx, 1993). In this stage, slavery was the most predominant materialisation of class struggle as the coercionRead More The Effects of Aristotelian Teleological Thought on Darwins Mechanistic Views of Evolution2384 Words   |  10 Pages The Effects of Aristotelian Teleological Thought on Darwins Mechanistic Views of Evolution nbsp;nbsp;nbsp;nbsp;nbsp;The need to understand organisms has been a much sought goal of science since its birth as biology. History shows Aristotle and Charles Darwin as two of the most powerful biologists of all time. Aristotles teleological method was supported widely for over 2,000 years. One scientist remarks that the Aristotelian teleology quot;has been the ghost, the unexplained mysteryRead MoreIntroduction to Evolution3680 Words   |  15 PagesIntroduction To Evolution What is Evolution? Evolution is the process by which all living things have developed from primitive organisms through changes occurring over billions of years, a process that includes all animals and plants. Exactly how evolution occurs is still a matter of debate, but there are many different theories and that it occurs is a scientific fact. Biologists agree that all living things come through a long history of changes shaped by physical and chemical processes thatRead MoreEssay about Global Warming is a Theory, Not a Fact1829 Words   |  8 Pagesfacts instead of educational hypotheses. Currently, ordinary citizens hesitate to trust any ideas published in the name of science. Several skeptics were taught that Lucy, the famed halfway point between humans and monkeys, was a miraculous discovery (â€Å"Johanson†). When they learned that this was just a hoax, the trust level within that age group dropped significantly. Theories such as the earth being flat or the geocentric theories have been falsified even though they were, at one point, taughtRead MoreAristotle s Philosophical Claim That Thought And Contemplation2136 Words   |  9 Pagesand logic, made him explore the perimeters of knowledge to advance the society on the foundation of knowledge. Most of Aristotle’s life was dedicated to the search for knowledge. Contemplation naturally brings about knowledge, which is the base of discovery. For Aristotle, the life of unbroken contemplation is something divine. It is the ultimate intellectual virtue, and it is the highest form of human activity. Like Plato’s postulation of ‘the philosopher king’ or ‘king philosopher’ as the ruler ofRead MoreEssay Armor of Ancient Rome3050 Words   |  13 PagesArmor of Ancient Rome Ancient Rome expended a great deal of economic resources and effort upon conquest and expansion through military means. The role of armor was fundamental in this expansion as it played a significant role in the success of the Roman armies on the battlefield. There were three common requirements for armor construction throughout its history: The first was that armor had to be flexible enough to allow the wearer freedom of movement; second, it also had to be lightweight

Common Errors in English Language Learning and Use †the Philippine Context Free Essays

For half a decade, I have spent significant time working with and studying English as Second Language (ESL) learners in several contexts – online, corporate, and academic. In the course of interfacing with these different types of students, several interesting features arise in the study of the learners’ language, most especially errors in writing. In this article, I will give a brief background of the errors of the learners. We will write a custom essay sample on Common Errors in English Language Learning and Use – the Philippine Context or any similar topic only for you Order Now I will also try to encapsulate some of my observations and experiences in dealing with language errors and probably suggest ways on how to appropriately address them. Hopefully, this will be an eye opener to a lot of English language teachers and practitioners that errors are important in both learning and teaching ESL. The Context The influence of mass media, which use English as a medium for communication has greatly contributed in the development of the English language in the Philippines. Several broadsheets and magazines, FM radio shows and late night newscasts in English are just a few manifestations that the language is indeed alive in the local media scene. Furthermore, the prevalence of business process outsourcing (BPO) industries is also a validation that the country is home to thousands of bilingual customer service representatives who deliver quality customer service to English-speaking clients. Philippine education, however, does not have the same story. Through the years, teachers and school administrators have tried different strategies to improve the English language proficiency of their students. But based on observation and research, there is incongruence between the strategies and the language practices in Philippine schools ; for instance, â€Å"most colleges and universities claim that their medium of instruction (MOI) is English but there is often no explicit school policy articulating this (Bernardo and Gaerlan, 2006:21). † This, in return, results in the decline of English proficiency, leaving educators and teachers with unresolved problems regarding standard policies and procedures in using the English language in the academe. On Errors and the Learners’ Language (Interlanguage) Errors are considered significant features in acquiring, learning, and teaching a second language. It has been customary for students and teachers to talk about errors in the language classroom, most especially in writing classes. Teaching professionals often feel frustrated with the quality of the language of their students’ essays. , For some, errors are signs of failure while others believe that they are indications of and opportunities to understand the very complex process of learning to communicate in a second language. One methodology in studying the learner’s error is by doing Error Analysis (EA) or â€Å"the process of determining the incidence, nature, causes and consequences of unsuccessful language† (James, 1998:1). Brown (2000:218) states that errors may result from several sources, two of which are: â€Å"interlingual errors of interference from the native language and intralingual errors within the target language, context of learning and communication strategies. To simply put it, the first kind refers to the second language errors that reflect native language structure while the second one, results in faulty structures that do not follow the standards of the target language. It is also a must to acknowledge the kind of language that learners produce in order to come up with a holistic study of the learners’ errors. Larry Selinker labels this as interlanguage or â€Å"the separateness of a second language learners’ system, a system that has a structurally inte rmediate status between the native and target languages† (1972 in Richards, 1974:31). With this, it will be easier for teachers to understand where learners are coming from and also for them to come up with possible solutions to address these errors. The Classroom Experience In the English classroom, where formal learning takes place, I have encountered several â€Å"unique experiences† in dealing with errors in academic writing. Filipino college students are very innovative in constructing English sentences that often result in several interlingual and intralingual errors. Take for instance the following excerpt from a student’s composition: Me in my friend was stranded at the gate 3 of fort Bonifacio because the jeepney cannot pass over because of the heavy flood that if we measure is in a waistline and in some place in a neckline. Me and my friend was just stay in the jeepney hoping and waiting that the rain would stop for us to go home. † It is quite obvious that the student has committed several intralingual errors such as: a. Misused pronoun (Me and my friend – My friend and I) b. Faulty capitalization (fort Bonifacio – Fort Bonifacio) c. Wrong conjunction (Me in my friend – â€Å"and†) . Incorrect verb tense (was just stay – stayed) e. Lack of punctuation (Me and my friend was just stay in the jeepney (,) hoping and waiting that the rain would stop(,) for us to go home. f. Inventing new vocabulary and usage (pass over which means â€Å"to pass through†; waistline which should be â€Å"waist deep†) The student also used her knowledge of the first language (in this case Tagalog) to write in English. For example, the compound subject â€Å"Me and my friend† is a direct translation of the Filipino phrase â€Å"Ako at ang kaibigan ko†. This is a concrete example of an interlingual error. It is really tedious to mark essays that contain numerous errors but these things must be pointed out in order to improve the language abilities of students. Moreover, by studying these kinds of errors, it will be easier to diagnose certain areas that need reinforcement. Some Possible Solutions As a teacher and researcher, I have realized that it is imperative to put utmost importance to the errors that ESL students commit in academic writing. Studying these errors may mean finding probable solutions to address them. The following are some suggestions that other teachers can do in their own classrooms: 1. Analyze and rectify the errors found in the learners’ compositions by following specific â€Å"linguistic criteria or the formal features of a language† (James, 1998:206). With this on hand, a basis for assessing and correcting the errors of students will be available. 2. After analysis, provide supplementary materials that will help reinforce language proficiency. This can be done by addressing specific areas of concern like grammar, lexis, usage, and mechanics. This will be helpful most especially to struggling students that are having difficulties in understanding the complex rules of the target language. 3. It is also a must to recognize individual differences inside and outside the classroom. Finding time to connect with students will also help in understanding the nuances of the languages that they use. Knowing how they interact and being able to cope with their interests will give the teachers several insights as regards the learners’ language. . Finally, continuous research and error analysis can lead to a development of a standard material based on empirical data. This will help address the most frequent errors that learners commit in specific linguistic areas. References: Bernardo, A. Gaerlan, M. J. (2006). Teaching in English in Philippine higher education: The case of De La Salle University-Manila. Hong Kong University. Brown, H. (2000). Principles of language learning and teaching. England: Longman. James, C. (1998). Errors in language learning and use. London: Addison Wesley Longman Limited. Selinker, L. (1972). Interlanguage in error analysis: Perspectives in second language acquisition. Jack C. Richards, (Ed. ). London: Longman Group Limited. Author’s Profile Mark Arthur Payumo Abalos teaches college English, writing (expository, research and technical), oral communication, and literature at the Far Eastern University – East Asia College and De La Salle – College of St. Benilde in Manila, Philippines. He also works as an English language program facilitator at John Robert Powers International and an IELTS consultant at the PALMS Australian Immigration Services. He used to be a full-time Educational Consultant for the Language and Literacy Programs of Scholastic Publishing. He obtained his bachelor’s degree in English Studies: Language from the University of the Philippines – Diliman. His master’s research focuses on the significance of interlanguage grammar and error analysis in developing ELT materials. You can reach him at markarthurabalos@gmail. com. How to cite Common Errors in English Language Learning and Use – the Philippine Context, Essays

The role of the Directors and ASIC-Free-Samples for Students

Question: Disucss about the Compnay's Insovency and also the role of the Directors and ASIC. Answer: Introduction: Legal definition of insolvency states that company is considered insolvent, when total of the liabilities of the company exceeds the total of the assets of the company. According to section 95A of the Corporation Act 2001, person or organization is solvent if it is possible for that person to pay all the debts at the time when they become due and payable, and person or organization is insolvent if they are not solvent (Corporation Act, 2001). This paper contains detailed discussion on companys insolvency, and also the role of the directors and ASIC in insolvency process. In this statistics related to insolvency of the Australian companies is stated and observance in this context. Subsequently, this paper states the conclusion. Discussion: As stated above, insolvency is the situation when organization is not able to pay its debts and assets of the organization are not enough to pay its liabilities. This can be understood through case law Bell Group Ltd (in liquidation) v Westpac Banking Corporation Others. In this case, court held that primary method for determining the solvency of the organization is the determination of the companys asset and liabilities. Following are some important aspects of insolvency: Signs which reflect companys insolvency: ASIC issues regulatory guide 217 in 2010, which named as Duty to Prevent Insolvent Trading: Guide for Directors. As per this guide following are some signs of the company insolvency which must be determined by the directors of the company at former stage: Company incurred loss in trading, and also face issues related to cash flow. It becomes difficult for the organization to sell their stock or raising funds. With the current financier, organization is negotiating the new limit. Legal actions against the company are commenced by the creditors and other stakeholders of the company. Reasonable measures considered by Board of directors: Directors of the company are under obligation to ensure that reasonable measures have been taken if any above stated sign reflect the insolvency. Some of these measures are stated below: Any further debt must not be incurred by the directors of the company unless any chances of restructuring and refinancing of the business occurred, and funding in the form of the equity is available for recapitalizing the business operations. Directors of the company must appoint voluntary liquidators and administrators. Directors are under obligation to ensure that interest of the creditors and other stakeholders of the company are protected in case company become insolvent or there is any risk related to insolvency. Directors must not engage in any trading with outsiders, if company becomes insolvent or there is any risk related to insolvency. Directors liability in case of insolvency: Various duties are imposed on directors in case company becomes insolvent, such as duty to prevent any trading in the company when company becomes insolvent. This duty is imposed by Section 588G of the corporation Act 2001. As per this section, directors of the company are under obligation to prevent the insolvent trading, and this section is applicable on the directors of the company and on those also who were only acting as the director of the company but in actual they are not appointed as director of the company. This can be understood through case law Hawkins v Bank of China. In this case, Court stated that the list of deemed debts and specified the situation when they occurred. Section 588G further stated that duty is imposed on director of the company from preventing the company to incurred further debt in case: Organization is insolvent at that time when debt is incurred. There is risk of insolvency on organization, if organization incurred that debt or series of debts which includes that debt also. Sufficient grounds are present which reflect the insolvency of the company in case debt is incurred by the company. This can be understood through case law Kenna Brown Pty Ltd v Kenna. In this case Court stated that objective assessment must be conducted by the directors for determining the insolvency. Contravention under this section is divided into two categories that are: In case directors of the company fail to compile section 588G which means director, fails to prevent the debt incurred by the company in that situation also when sufficient grounds are present and reflect that there is risk of insolvency, then such directors are liable under civil provision. Directors of the company held liable under criminal provisions if director fails to prevent the company from incurring debt because of any dishonest reason, and sufficient grounds are present which clearly reflect that company is already insolvent or becomes insolvent (Corporation Act, 2001). In case a director of the company fails to compile with Section 588G then following are the consequences of such failure (AICD, n.d.): Compensation order can be passed by the Court, and this order states that director is held liable towards the company at personal level to pay the compensation, and amount of compensation is the amount of loss suffered by the company (Section 588J and 1317H). Section 1317G states that pecuniary order can be passed by the Court and such order includes the amount up to $200000. This can be understood through case law ASIC v Plymin (No 1). Disqualification order under section 206 of the Act can be passed by the Court, and as per this order director of the company is disqualified to manage the company. If director of the company is held liable under criminal provisions then Court can order fine up to 2,000 penalty units or imprisonment for five years (Corporation Act, 2001). Alternative ways: In case reasonable grounds are present which reflects the risk of insolvency then directors can choose different ways and some of these ways are stated below: Professional advice can be sought by the directors of the company. Invitation can be send to the secured creditors of the company for the purpose of appointing receiver. It is the duty of director to cease the trading, and prevent the company in incurring further debt. Administrator can be appointed by the board under section 436A of the Act (Corporation Act, 2001). Difference between voluntary and involuntary intervention: Voluntary intervention is the method through which company can goes under reorganization. As per this method, external administrator is appointed by the directors and secured creditors of the company. Administrator appointed under this method is known as voluntary administrator. Voluntary administrator conduct investigation related to the affairs of the company and after this investigation he/she will send report to the creditors. This report states the clear views of the administrator on matter whether creditors choose deed of the company arrangement, liquidation, and returned the company to the directors. Voluntary administrator was appointed by the director when directors have sufficient ground to believe that there was risk of insolvency or company was already insolvent. Involuntary intervention is the method under which charge holder, liquidator, or provisional liquidator appoints the administrator. The main difference between two methods is stated below: Under voluntary administrator directors of the company are allowed to exercise similar control, but in involuntary method there is no control exercised by the directors of the company. Voluntary administration provides option to the company to restructure their business, but involuntary administration is considered as the level when there is no hope of business restructuring (Quilan, 2005). Other option: Members winding up is the option available to the company in case company does not want to choose the creditors winding up option. As per this option, special resolution is passed by the members of the company for the purpose of appointing the liquidator (ASIC, n.d.). Section 495 of the Act states that, company appointed liquidator by passing special resolution in the general meeting. Liquidator is appointed for winding up all the operations and affairs of the company and to discharge all the liabilities of the company. Section 495 of the Act further states that if any vacancy occurred in the office of the liquidator because of the death, resignation, and any other matter then members reappoint the liquidator in the general meeting for the purpose of filling the vacancy. For this section general meeting is held by the contributory or in case there are two or more liquidators then by those liquidators (Corporation Act, 2001). Insolvency Statistics in Australia: ASIC issued statistics of the last quarter of the 2016/17, and it states the increased % of the companies which opt for external administration and that increase is up to 28%. Results also show number of States in which liquidation % is increased such as in Western Australia up to 127.9%, Victoria up to 34.7% and New South Wales up to 13.1%, , and on national level it increased up to 25%. Percentage related to those companies under which administrator are appointed by the directors of the company is increase up to 35.9%, but in Victoria this rate is goes up to 57.8%, Queensland up to 28.6% and New South Wales up to 14.4% (ASIC, n.d.). Insolvency issue: In Australia, insolvency law does not considered long term gains of the companies, and it also fails in considering the assets, goodwill, competitiveness, and reasons of premature closure and liquidation. Law related to insolvency does not state any provisions which provide emphasis on restructuring of the business and any other method through which company return to profitability and protect the interest of creditors. There are many other countries in which focus is shifted on restructuring of business and not on the liquidation. There are some recommendations which can be included in the insolvency law of Australia: Law must focus on the long term plannings while decided liquidation. Protection of employees and workers at the time of liquidation of the company. Provisions which provide various options through which funds for restructuring the business can be raised (ASIC, n.d.). ASIC ROLE: Company can deregistered by ASIC, if sufficient grounds are present which state that trading is ceased by the company and fees and penalties are overdue, and these sufficient grounds are stated below: If company fails to pay its annual fee within the time period of 12 months from the date on which fee becomes due. Compliance notice is issued to the company, and company fails to submit the response of that notice and also the related documents within 18 months. Processing related to winding up is initiated and no liquidator is appointed (ASIC, n.d.). Observation: Various legislations and case laws clear the picture that provisions of corporate act 2001 related to insolvency mainly give emphasis on companys liquidation. These provisions do not consider the restructuring of the business or any other measures through which liquidation can be avoided. imposed on companies which put extra pressure on companies and also reduce the ability of company to discharge the debts of the creditor. In Ascot Community Sports Club Incorporated (in liquidation), court stated that liquidator has right to claim their cost from the company, and company was liable to pay the cost. Court further stated if liquidator incurred any other cost then also company was liable to pay it. Conclusion: After considering the above facts it is clear that directors play very important role in insolvency procedure, and it is completely in the hands of directors to ensure the interest of the creditors and other stakeholders of the company. In this paper all the issues and their measures related to insolvency are discussed and these issues and measures are supported by the legislations and case laws References: AICD. Insolvent trading. Available at: https://aicd.companydirectors.com.au/~/media/cd2/resources/director-resources/director-tools/pdf/05446-6-3-duties-directors_insolvent-trading_a4-web.ashx. Accessed on 21st August 2017. Ascot Community Sports Club Incorporated (in liquidation) [2014] QSC 258. ASIC v Plymin (No 1) (2003) 175 FLR 124; 21 ACLC 700; 46, ACSR 126; [2003] VSC 123 at 777 (ACLC). ASIC, ( 2010). Duty to prevent insolvent trading: Guide for directors. Available at: https://download.asic.gov.au/media/1241384/rg217-29july2010.pdf. Accessed on 21st August 2017. ASIC. ASIC initiated deregistration of company. Available at: https://www.asic.gov.au/for-business/closing-your-company/deregistration/asic-initiated-deregistration-of-company/#ReasonsforDereg. Accessed on 21st August 2017. ASIC. Corporate insolvencies: June quarter 2017. Available at: https://download.asic.gov.au/media/4410590/201706-june-qtr-2017-summary-analysis.pdf. Accessed on 21st August 2017. ASIC. Types of Insolvency. Available at: https://asic.gov.au/regulatory-resources/insolvency/types-of-insolvency/. Accessed on 21st August 2017. Bell Group Ltd (in liq) v Westpac Banking Corporation Ors [No 9] [2008] WASC 239 (Bell). Corporation Act 2001- Section 1317G. Corporation Act 2001- Section 1317H. Corporation Act 2001- Section 206. Corporation Act 2001- Section 436A. Corporation Act 2001- Section 495. Corporation Act 2001- Section 588G. Corporation Act 2001- Section 588J. Corporation Act 2001- Section 95. Gupta, N. Insolvency laws in Australia. Available at: https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BriefingBook45p/InsolvencyLaws. Accessed on 21st August 2017. Hawkins v Bank of China (1992) 26 NSWLR 562; 10 ACLC, 588; 7 ACSR 349 at 572 (NSWLR). Kenna Brown Pty Ltd v Kenna (1999) 17 ACLC 1,183; 32, ACSR 432; [1999] NSWSC 533 [CL s 588G 1994]. Long v. Home Health Services, 43 Wn. App. 729, 734 (1986). Quinlan, M. (2005). Formal Reorganization in Australia. Available at: https://www.allens.com.au/pubs/pdf/insol/pap15mar05.pdf. Accessed on 21st August 2017.