Role and Functions of Law

Role and Functions of Law

LAW/421 Contemporary Business Law

Dennis Rufolo

December 5, 2013

Instructor Amy Cisrow-Peterson

Role and Function of Law

A generic function of any particular law appears to be rather simple at face value however the United States legal system is a very complex entity. Constitutions, statutes, common law, administrative regulations, and decisions, treaties, ordinances, and executive orders are a brake down into the different types of law. Constitutions, statutes, and common law would appear to categorize laws directed at business and commerce. Commerce is crucial to any local, state, and national economy. As a nation of laws and taxes, regulatory practice must be the law of the land, therefore 'commerce power' given to and exercised by the Federal government will trump state law, especially where commerce is involved.

Our daily lives in general society is a model of how society governs itself. One cannot drive a block without stopping at a corner likely to have a red octagonal reminder of the correct way to proceed or where not to smoke, park, or trespass. These laws or regulations are meant for our own good or what the government believes is for our own good or what is a result of pressure from advocacy groups such as clean air in bars with restaurant seating and patrons dining there. One may drink in bar but not smoke a cigar or cigarette as once enjoyed by society in the past. Secondhand smoke is harmful to others, and an infringement on non-smoker's rights. Violators are subject to heavy fines, which also contribute to police power and a municipal economy just like traffic fines and other penalties requiring payment to the court. Although smoke-free environments are healthy, just as traffic laws keep the public safe, fines, and penalties are a cash cow for municipalities, state funds, and government road projects, etc.

Workplace application

Working in retail grocery, and as also with other fields of employment, companies must comply with many federal and state laws. According to American Bar.org, the law is nearly every aspect in the workplace. Federal law as granted by the Constitution, and state laws, regulate the hiring process, terms, and conditions of employment, and the circumstances under which employees may be dismissed. The law helps shape the relationship between employer and employee. The law does not address every issue that can arise in the employment relationship, but a basic understanding of what the law does require can help both the employer and employee anticipate problems and avoid trouble.

California case

In 2009 assistant store managers at WinCo, a west coast based food chain, alleged the company violated California's wage laws by failing to pay for overtime, rest and meal breaks, or provide proper wage statements. The plaintiffs sought damages on behalf of a class of day- and night-shift managers at WinCo stores in California. The company operates 87 grocery stores in seven western states and has more than 14,000 employees.

The plaintiffs sought damages on behalf of a class of day- and night-shift managers at WinCo stores in California. The company operates 87 grocery stores in seven western states and has