Use of Undocumented Immigrants in the Construction Industry - 275 Words

Use of Undocumented Immigrants in the Construction Industry (Essay Sample) Content: Students Name Professors Name Course DateThe use of undocumented immigrants in the construction industry, and how it could put the construction firm at a liabilityTable of ContentsThesisIt is any firms' primary interest to make maximum profits ad one way of ensuring that is by cost cutting. Employees Salaries and remunerations is always a thorn to a company, and it is depicted in the Construction Industry, where this is prevalent as the preference for hiring undocumented immigrants is on a rise as they cost cheaper. The United States employment and labor laws require that both documented and undocumented workers are protected at the federal and state level. Employers' negligence of the laws, however, is familiar especially to the undocumented workers, and this can often lead to lawsuits where the firms loose out in litigations and compensations.Introduction The research aims at exploring how disputes can arise out of the construction industry as a result of the illeg al hiring of undocumented immigrants as well as to find ways of avoiding conflicts or resolving them if they arise, to help improve the business situation. Construction legal issues are bound to occur and as a result, the differences often lead to formal claims by either the contractor or agency for compensation and additional time. Solving of these issues promptly helps save costs such as legal fees, consultation expenses as well as management time and other expenses to all of the parties involved. The primary focus of this research is to identify and explain the legal issues as well as how they would be altered as well as find safe practices to avoid the legal implication. Therefore, the goals of this study are too; identify and explain the legal issue, explain the particular law or legal concepts that apply courts rule off these types of cases and steps to be taken to avoid this matter in the future.The key terms and conceptsConstruction law: this is the law that involves all the necessary legal processes; the bidding, negotiations, and agreement in the construction industry. It consists of contract law. It also governs how to solve disputes that may arise from and out of the parties involved in the construction process (Stein, 1). The owner and contractor are obliged according to the law to act in good faith in the performance of their contractual obligations. The contractor is supposed to disclose any material information relating to the design or construction specifications that may result in and from damaging implication. The owner also has a duty to cooperate as well as not to delay the construction process purposefully. Dispute: this is a conflict or disagreement concerning the legal existence of matter, by extent or type.Claim: this is a legal enforcement or demand taken by a person wanting compensation or reimbursement for a straight loss, or an injury suffered due to negligence. Compensation: this is payment of damages aimed at making amends neces sary to restoring an injured party to his former position. Indemnity: this is contractual collateral by which one person employs to secure another against a foreseen loss or to prevent him from being liable for the legal consequences of an act or inaction on the part of one of the parties or of some third person. Undocumented immigrant: this is a foreign-born person who lacks the right to be in the United States, having either entered without inspection or not subsequently securing the right to stay or overstayed beyond the visa stipulated time (Chavez, 10). Common areas in the construction industry that disputes may arise to include but are not limited to subcontracting process, Formation of contracts and their termination, Ethical concerns, Allocation of losses, Insurance, payments, Bidding, Contracting, Employment, and Labor. The Use of Undocumented immigrants and how it could put the construction firm at a liability. Lets commence by having a clear look at this precedent case. Celi vs. 42nd street development project, Inc. (2004)In making a judgment on this case, New York State court Judge maintained a claim that had been filed in behalf of one undocumented worker, known as, Radolfo Celi. Radolfo had severely suffered wounds while executing the demolition when he fell through an opening in the company basement floor and then crushed into the sub-basement. However, as a matter of responding to these charges, the firm was negligent and had violated the labor law. As a matter of defense, the company attorneys dispute these claims and argued that under Hoffman, Mr. Cellis undocumented status prevented him from any attempt to seek lost earnings. The reason for this was that, the payment of such money would have the impact of violating the federal immigrant laws. On the other hand in the case of the Celli, State justice by the name David I. Schmidt argued that the Hoffman decision did not command a change in the New York law so as to necessitate dismissal of t he plaintiffs claim to lost earning (O'Leary780). In the case documented as Arizonas HB 2779, implemented January 1, 2008, prohibits employers from knowingly or deliberately hiring undocumented employees. This precedent law requires that every employer has to use the E-Verify. The first time reprobates will have to face a ten-day suspension of their business licenses. The second bit of the law states that, any additional offense would definitely result in them loosing the business licenses. (Gaynor, 27). This is an important precedent case, guides the decisions made even to date. In 2006, the town of Hazelton, Pennsylvania passed the Immigration Relief Act. This imposes a $1,000 per day fine on any landlord who knowingly rents to an undocumented immigrant, revokes the business license of any employer who hires an undocumented immigrant, and declares English as the citys official language. This precedent case acts as base in this state and it creates a liability should it be violate d. The United States employment and labor laws; require that both documented and undocumented workers be protected at the federal and state level. Protection at the federal and state level applies to both the immigrant and non-immigrant communities. There is an estimated 11 million undocumented immigrant worker in the US. These immigrants represent roughly 4% of all the people that reside the United States and 5% of the overall labor force. Undocumented immigrants are more likely to find employment than their non-immigrant counterparts because hiring them is comparatively cheaper. The construction industry has an estimate of 26% of foreign-born workers are laborers (Torres, 145). This is a significant figure which adds up to the vital workforce in the various business industries. In the early years, hiring undocumented immigrants had little to no legal implication, but since 1986, before hiring any employee, all employers are required to do a background check on work permits and au thorization of the said employee or else risk getting civil penalties or criminal prosecutions if they fail to do so. Some estimates suggest that unauthorized workers are estimated at 22% to 36% of the construction industry workforce. According to surveys, the number of undocumented workers in the construction sector dropped by 5% from the year 2007 to the year 2012. Undocumented immigrants make up a large overall population of the labor force because they are most likely to be of a suitable age bracket for labor. Research findings on education levels show that undocumented immigrants are more likely to have not graduated high school or lack a college diploma compared to their U.S.-born compatriots. As a result, I found out that they are more liable to be concentrated in low-skilled occupations. The hiring of undocumented immigrants has had its impact on the construction industry such as reduced wage rates, work accidents as well as fraud. Undocumented workers are in most cases not treated as equals with U.S.-born workers due to their legal status and as a result, they are subjected to a variety of job malpractices. The most common protections that are denied to undocumented workers include but are not limited to: right to receive agreed on wage, right to receive minimum wage and overtime pay for work done, right to conducive and secure working environment, right to receive workers ' compensation for injuries that are as a result of the role they have been given to work and the right not to face discrimination of any kind. The statistics clearly show that undocumented immigrants are a vital part of the workforce in the country. As a construction firm, it is inevitable not to deal with this job scenario. To keep up with the competition, firms are resorting to hiring undocumented immigrants as they are a comparatively cheap source of labor as well as a method of cutting the payroll taxes by exploiting the workers so as not to go out of business.Constitutional r ights of undocumented immigrantsThe United States Constitution demands the protection and upholding of the rights of all persons in the country and as such no one should be discriminated against the due legal processes whether they are U.S.-born or undocumented immigrants (Stein, 100). Undocumented immigrants are therefore eligible for all the procedural rights that a U.S.-born person is bound to. This includes the right to receive a notice to appear in court and defend them in a lawsuit. Legal concepts and aspects that involve labor and immigration laws revolve around two issues: the rights while working in the United States and the legal framework of undocumented immigrants who have no right to be hired in America. These immigration and labor laws were made to prevent hiring illegal workforce which is prohibited by the federal legisla...

The Scramble for Africa Essay - 583 Words

Imagine you’re living peacefully, and suddenly someone comes along and begins telling you that everything you live for is wrong. Not only your beliefs religious wise, but also your lifestyle, the way you dress, even the way you speak. This person suddenly wants to change you so that you are a replica of what they think is correct. How would you feel if a stranger wanted to have complete dominance over you? This is exactly what happened to every African in the late 19th century, only it wasn’t happening to certain individuals, but to all the tribes in Africa. The Africans had no choice, their opinions didn’t matter, they were just like the land: they were just property. Life for the Africans wasn’t always run by imperialist. Although†¦show more content†¦This was the start of imperialism in Africa. Economic, political, and social forces drove Europeans to want to take over land. During this time, the issue of racism also sparked, following with the idea of Social Darwinism. It was a time of â€Å"survival of the fittest† and the anyone who wasn’t European wasn’t fit to survive. There were many forces that enabled imperialism. External and internal forces played a part in the Europeans’ conquest of Africa. A external motive to enter Africa and claim land was the invention of railroads and the steamship. These two inventions greatly aided the Europeans. Africans fought at a huge disadvantage because of their lack modernized weapons, and so the continent of Africa was up for grabs. European countries began rushing to claim parts of Africa for themselves. To avoid a war, the European countries decided to have a conference to solve the problem with African land. Fourteen European nations met at the Berlin Conference (1884-1885) to decide how to divide up Africa. No representatives from Africa were present, so the Europeans did as they pleased. European nations divided up the continent with no regard to the various ethnic and linguistic groups in Africa. 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Rank Group Defies Brexit With Impressive Profit Increase

Rank Group defies Brexit with impressive profit increase While Brexit has rocked a number of major online gambling industry names, it seems that Rank Group has managed to remain strong. In fact, it can even be argued that Rank Group has gone beyond what it was expected financially speaking, as it posted a profit increase of 15% during the financial year. Coming about through a fresh digital-focused strategy, it appears that Rank Group is defying doubters across the board. The report, which details final results for the year to 30th June, shows that their profit before taxation was a very healthy  £85.5 million, which is a notable increase on the  £74.5 million posted the year prior. Revenue for Rank Group also increased by 2% to  £753 million. The figures show that, generally speaking, Rank Group had a great year, but there was a negative to note amidst the report, as there was 2% dip in the group’s operating profits, as it came in at  £82.4 million before â€Å"exceptional items†. Considering the positivity surrounding Rank Group, Henry Birch (Rank Group Chief Executive) has been quick to comment on the report, he said â€Å"I am pleased to report a solid set of results with group revenue up 2%, again recording like-for-like growth across all brands and channels in the year. This year we have focused on delivering significant projects to ensure we have the right platform in place for future growth. This included the migration of our digital business onto a new platform, the roll out

Sickle Cell Anemi Research Paper - 2366 Words

Kayla Akers 12/4/2014 Sickle Cell Anemia Research Paper MDL 127 Hematology Sickle Cell Anemia is a hereditary disease that has a gene that causes red bone marrow in the body to make sickled shapes, when this happens; it causes the red blood cells to die faster. This is what causes Hemolytic Anemia. Older children and adults with sickle cell disease may have very few complications, or have patterns of ongoing problems that ultimately shorten their lives. The most serious and common problems with sickle cell disease are organ failure, fatigue and pain. There are many opportunities and alternatives for treatment and symptom management that a sickle cell patient can consider today. Sickle Cell Anemia occurs in the bloodstream of the†¦show more content†¦That results in deprivation of oxygen rich blood to the tissues and organs that use and need it. This is what causes the painful episodes that are associated with the disease. This pain can sometimes be related to damage to vital organs such as the spleen, liver, kidneys, pelvic bones, heart, lungs, an d even the brain. Serious complications from certain infected tissues can happen. They cycle of a normal red blood cell is around 120 days, sickled cells differ and can only last for 10-20 days long. The red blood cell supply shortens because the body can’t keep up making them as fast as they are dying, so this results in a condition called, Anemia. Sickle Cell Anemia is caused by the gene that instructs the cell how to make hemoglobin. The gene that is defective, still instructs the cell and it causes the cells to take strange shapes. A genetic mutation occurred years ago in the people of the Mediterranean, India, Middle East, and Africa. The malaria epidemic attacked the people who lived in these countries and the people with the defective hemoglobin gene survived. When carrying only one defective gene, means a person has a sickle cell trait. Two parents with a trait, produce a child with the anemia. Two million Americans approximately carry the sickle cell trait. In the U. S. alone, 72,000 people are affected by Sickle Cell Anemia, the ancestors of most of these people come from Spanish speaking regions,

The Hysteria Of The Cold War - 3830 Words

In What Ways and to What Extent Did the Hysteria of the Cold War lead to the Trial and Execution of the Rosenbergs? Fearing the unknown is a common aspect of human nature. Julius and Ethel Rosenberg were an average married couple living in New York City during the Cold War. They were members of the Communist Party when anti-Communist feelings in the United States were at their peak. Little did they know that as they continued with their daily lives, a series of investigations were being conducted that would soon land them in the electric chair. Julius and Ethel Rosenberg were accused and convicted of passing along confidential atomic bomb information to Soviet Union spies. After a long battle, they were executed in the electric chair at Sing Sing Prison in 1953. The couple never admitted guilt to the charges, and their conviction and execution caused their two young boys to grow up without parents. The Rosenberg trial is still considered one of the most controversial events in United States history. Few other trials have instigated as much debate, aroused such passion or generated as many books and articles. Thus the question arises: in what ways and to what extent did the hysteria of the Cold War lead to the trial and execution of the Rosenbergs? The 1951 trial of Julius Rosenberg, Ethel Rosenberg, and Morton Sobell, Communists accused of conspiring to commit espionage for the Soviet Union, drew worldwide attention at a time of heightened American concerns aboutShow MoreRelatedAnalysis Of Time Out Of Joint By Philip K. Dick1323 Words   |  6 PagesAuthors have therefore been pressured into finding a method to avoid the strict restrictions forced by material power. Philip K. 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Chinas Accession into the World Trade Organization free essay sample

A paper which discusses various aspects of U.S.-China trade relations. The entry of China into the world economy fuels a clash of ideals between those who see it as an opportunity for greater markets and those who stick closely to Maoist ideals and fear the threat to security that this new deal brings. Although it may seem like an opportunity to grow capital markets on a global basis, there are many cultural barriers in the way. This paper examines three aspects of US-China trade relations: Chinas access to foreign capital, Chinas access to technology and Chinas access to NAFTA goods. `Another aspect of trade between the US and China is that in 1999 the US already had a massive trade deficit with China. The US imported far more goods from China than it exported. The entrance of China into the WTO gives them even more access to goods in the United States, however, due to NAFTA this will include Mexican and Canadian goods as well. We will write a custom essay sample on Chinas Accession into the World Trade Organization or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Some in the United States fear that this will only serve to widen the trade deficit that already exists.`

Calculative Practice and Innovation Samples †MyAssignmenthelp.com

Question: Discuss about the Calculative Practice and Innovation. Answer: The article main purpose was to explore the association between innovative activity and calculative practice. How calculative practice like accounting develops knowledge which acts as the innovation engine has been fully investigated. The role of accounting through accounting performative impacts is explored to assist in changing the world. The authors overriding thesis in this article is; engines engaged in enticing actors into undertaking novel things by corresponding abilities to stimulate such actors to raise novel queries to observe novel prospects. The authors held that calculative practices provoke the knowledge and insight mobilization process thus becoming integral part of innovation. A dynamic relationship exists between calculative-practice and innovation. This is because the innovation drifts because of calculative practices which are engines that assist in bringing such a drift together. The author uses the example of Telepass technology to illustrate that innovation could influence and recreate engine afresh. The article uses Telepass story as an explanation of how such innovation trajectory described a string of drifts calculative practice performativity mobilizes. It generally indicates the paybacks of studying mutual accounting constitution/vastly calculative practices besides its organizational issues like innovation over a period of time. It calls for such a study to pay attention to the interplays and interactions thereby unearthing that these correlations remain complex and problematic. However, it is held that such an insight further becomes performative to study that might be inspired for the engagement of more in dilemmatic contexts that this kind of interaction presents primarily with concerning counterforces which could halt/bar performativity to unravel; to prevent engines performance. The conclusion is that the alternative model never performed always and hence call to action that Telepasss case could motivate researchers to further to undertake an exploration of the condition for engines performative to be either feasible or unfeasible. Discussion Items Can another methodology be used in explore thesis as outlined above? What are some of the limitations of using the alternative methodology stated above? How best can the limitations realized in the current article be mitigated in the future exploration? References Revellino, S., Mouritsen, J. (2015).Accounting as an engine: The performativity of calculative practices and the dynamics of innovation.Management Accounting Research, 28, 31-49.