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Correct attached memo, taking into account following recommendations: *factual ...

Correct attached memo, taking into account following recommendations: *factual analysis needs a lot of work Best to go through the requirements of each option under the statute and compare it to the facts in the case. 

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to address it as the consequences of failure to do so can be financially devasta ...

to address it as the consequences of failure to do so can be financially devastating to the company. There are currently a few different methods to address a possible worker classification issue: 1. Do nothing and hope for the best. If examined attempt to fall under the Classification Settlement Program. 2. Make modifications to classification on a going forward basis but not advise the IRS of the change (stealth change) and hope for the best. 3. Attempt to fall under Section 530 relief provisions. 4. Enter the Voluntary Classification Settlement Program. Below you will find a set of facts with respect to Miami Business Services, Inc. In Addition, an employee census is provided as well as a completed form SS_8, “Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.” You are to write a memorandum to answer question#1, no more than 3 pages. You have been asked to write a memorandum to Miami Business Services, a new client, to advise them of the best course of action with respect to correcting the worker classification issue that has arisen. Your memo should cover: 1. Does the company have a worker classification issue? If so, describe why. 2. Which of the workers are subject to reclassification as employees? 3. What are the available options? 4. Which option do you recommend and why do you feel it is superior to other options? 5. What are the requirements to qualify for the recommended option? 6. Based on the option you choose, what needs to be done going forward, if anything? 7. In making your recommendation you should consider not only the current cost but the ongoing cost of your recommendation. FACTS: Miami Business Services, Inc. (MBS) is a Florida corporation that was formed in 2013. The sole shareholder and officer is Ronald M. Donald. MBS is in the consulting business. It has 49 employees. A census of employees for 2020 with 2019 data appears on a schedule attached below: MBS has treated some workers as employees and others as “independent contractors.” The sales- consultant independent contractors, in many cases, provided the same services that the sales- consultant employees provided. In June 2020 one of the MBS independent contractors (IC) asked to be classified as an employee. Ronald responded that he could not afford to do so and if the IC wanted to work for the company, he would accept his status as an independent contractor. As a side note, workers who were classified as ICs were required to sign a statement that they were independent contractors and understood and agreed to that status as well as would be responsible for their own taxes. Also, some of the ICs were provided timely 1099s which reported their income as other compensation (see employee census).2 This had been Ronald’s practice since forming MBS. The employee believed that MBS was in fact profitable because one of its regular customers was a company controlled by the country of North Kim and Ronald drove a late model Mercedes. The IC was told by a friend of his that the friend’s company had been examined by IRS and that the friend was reclassified from being an independent contractor to an employee by IRS. The friend also confided that he had heard that one of that company’s independent contractors had blown the whistle on the company and received “big bucks” from IRS. The IC immediately reported it to IRS. The IRS representative provided the IC with a form SS-8 to complete and submit (see attached). The IC showed the SS-8 to Ronald and was immediately fired. ADDITIONAL FACTS: 1. The company is not currently under examination by the IRS nor the State. 2. The workers who were treated as independent contractors were always treated as such. 3. The forms W-2 or 1099s were issued or not issued as shown on the attached worker’s census. 4. At the time MBS was started Ronald had checked around with other consultancy companies (in the same general industry) in the area and found that these companies had treated their sales- consultants for the most part as independent contractors. Ronald never did a formal study to confirm what he was able to determine by making calls to friends in the same business

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The contracts you will be using are in the Contracts Module. Below is a questio ...

The contracts you will be using are in the Contracts Module. Below is a question for Contract 1. I am looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate. There are correct answers for the question. If a student discusses a different legal theory for answering the questions, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student. A text reference that has no bearing on the remedy or legal arguments will be counted as "no text". For example, if any contract has an issue of risk of loss, referencing the text on contract formation will not meet the requirement. The sections of the text that you have read contain all the information you need for this analysis. Please remember to reference the applicable parts of the contract that you are using to answer each question. Your response should be in IRAC Writing Format. A student will be given 4 points for the text reference, 4 points for the contract reference, with 15 points for the analysis itself, 4 points for proper IRAC formatting. The remaining 3 points will be given as a spelling/grammar score. Following is the prompt. Residential House Lease The following question is based on the Residential House Lease found in the Contracts Module. Please reference the Lease by clause number as you answer the questions. Essay ( IRAC Format- complete with text references to the textbook by chapter and section number and the contract by clause to support your answers) Alec, the landlord, refuses to fix a drainage issue that was there prior to the current tenant. Brenda, the current tenant, has just discovered the drainage issue after a heavy rain. The consequence is that black mold has been forming on the siding for quite some time. Brenda still has significant time remaining on her lease. Brenda has notified Alec in writing by email of the mold and drainage issue but has received no response. She is concerned about the premises becoming unsafe to live in. It has been 14 days since she emailed him her notification.  What are all of Brenda's options if Alec declines to do the repairs?

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In this activity, you will read through a scenario within the context of a polic ...

In this activity, you will read through a scenario within the context of a police department facing a transgender officer's transition. You will analyze diverse perspectives and formulate strategies to address the situation effectively, preparing yourself for future leadership roles by fostering empathy, inclusivity, and the ability to manage complex diversity issues in the workplace. Instruction Step 1: Open the Diversity ManagementLinks to an external site. presentation to read about a complex Diversity Management scenario. Step 2: Download the Diversity Management Reflection Worksheet Download Diversity Management Reflection Worksheet[DOCX]. Complete the worksheet document by answering the four questions.

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Task:  Read and analyze the second course book, "Essential Rules of Management. ...

Task:  Read and analyze the second course book, "Essential Rules of Management." You will then break the book down into an executive-level presentation.  To ensure standardization across all submissions, use the attached template.  You must decide what "content and key points" to put on the slide; however, do not change, delete, or add to the slide headers).

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Daniel's parents purchased a bottle of apple juice for Daniel, who was 3.5 years ...

Daniel's parents purchased a bottle of apple juice for Daniel, who was 3.5 years old. The glass bottle was shaped like a "baby bottle" and was equipped with a screw-top mouth to accommodate screw-on nipples commonly used by infants to drink liquid from a bottle. The bottle was designed, manufactured, packaged, distributed, and advertised by Beechnut. Daniel fell while the bottle was in his possession. The bottle broke into sharp pieces and cut Daniel's wrist. A suit was brought against Beechnut by Daniel's parents on his behalf. Do they have a cause of action against Beechnut for breach of warranty?

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Objective: The objective of this assignment is to familiarize yourself with the ...

Objective: The objective of this assignment is to familiarize yourself with the structure, functions, and operations of administrative agencies within the United States government. Task: Select an administrative agency that interests you. You have the freedom to choose any administrative agency that operates within the United States government. Provide a comprehensive description of the administrative agency you've selected. Include the following details: Name of the agency Date of establishment (if available) Mission statement or purpose of the agency Any relevant historical background or context Describe the powers of the agency. This should include: Legislative authority: Does the agency have the power to create rules and regulations? Enforcement authority: How does the agency enforce its rules and regulations? Adjudicative authority: Does the agency have the power to adjudicate disputes or violations of its regulations? Determine whether the agency is an executive or an independent agency. Provide justification for your classification based on its structure and relationship with the executive branch of the government. Discuss the purpose of the agency. Consider the following questions: What societal or economic issues does the agency address? Who benefits from the agency's actions or regulations? What challenges does the agency face in fulfilling its purpose? Explain how the agency operates. This should cover: Organizational structure: How is the agency structured internally? Decision-making process: How does the agency make decisions and enact regulations? Interaction with other branches of government: How does the agency interact with the legislative and judicial branches, as well as the executive branch?

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Learning Activity: Recommend a business structure for Clean / Explain and justif ...

Learning Activity: Recommend a business structure for Clean / Explain and justify your recommendation Project 2: The project requires you to identify and analyze legal issues and to make recommendations, There will be 1 single report with subheadings for each Clean employee: Conner, Denise, Larisa. and Sam.

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INSTRUCTIONS *THIS ASSIGNMENT COVERS THE MAJORITY OF UNIT 3 OF YOUR BOOK REGARD ...

INSTRUCTIONS *THIS ASSIGNMENT COVERS THE MAJORITY OF UNIT 3 OF YOUR BOOK REGARDING THE EMPLOYMENT BUSINESS ENVIRONMENT. ALL ANSWERS BELOW CAN BE FOUND WITHIN UNIT 3, AND THIS WILL HELP REVIEW YOU FOR YOUR FINAL EXAM, WHICH COVERS A LARGE AMOUNT OF WHAT IS WITHIN THESE CHAPTERS REGARDING BUSINESS TYPES.  *IF YOU USE A DIRECT QUOTE IN THIS ASSIGNMENT, PLEASE PUT QUOTES AROUND IT AND THE (BOOK) SHORT CITE BEFORE YOU END THE SENTENCE TO AVOID PLAGIARIZING. ADDITIONALLY, PLEASE NOTE THAT STUDENTS WILL MAKE A HIGHER GRADE ON THIS ASSIGNMENT IF THEY DO NOT USE BLOCK QUOTES OR THEY TAKE THE TIME TO EXPLAIN A QUOTE USED IN THEIR OWN WORDS IN THEIR ANSWERS. THE REASON STUDENTS WILL BE REWARDED IS BECAUSE IT SHOWS ME YOU COMPREHEND THE CONCEPT, OR MADE SENSE OF WHAT YOU READ IN YOUR OWN WORDS AND MIND.   IT IS PREFERABLE FOR STUDENTS TO USE ONE OR TWO OUTSIDE SOURCES AND CITE TO THOSE SOURCES (WITH QUOTES, MLA SHORT CITE TO A WORKS CITED AT THE END OF THE ASSIGNMENT). I FIRMLY BELIEVE THAT HARD WORK PAYS OFF, THEREFORE, THOSE WHO SHOW THEY HAVE PUT IN THE WORK OR GO ABOVE AND BEYOND FOR THIS ASSIGNMENT WILL RECEIVE HIGHER GRADES. *AS BEFORE, YOU WILL NEED TO ANSWER ALL QUESTIONS TO THE PROMPT AND THEIR COMPONENTS WITHIN A QUESTION. PLEASE ANSWER IN A QUESTION-AND-ANSWER FORMAT AND PROVIDE EXPLANATION IF THE ANSWER CALLS FOR IT SO THAT YOU WILL RECEIVE FULL CREDIT. *FOR EASE OF GRADING, PLEASE KEEP THE QUESTIONS WITHIN YOUR ASSIGNMENT TEXT AND SIMPLY PROVIDE YOUR ANSWER BENEATH EACH QUESTION.  FOR EXAMPLE: 1. What form of business enterprise is Doody Calls Service and what is the relationship of Mel, Sean, and Joe to that business? -Put your answer here, and then move to the next question and put your answer beneath it. In other words, include the questions in your response post. It makes it much easier to grade. Assignment 2- "Doody Calls Y’all" Total Possible Points: 100 Mel and Sean decided to form a business to clean up dog poop from yards on a monthly subscription basis. They called their business “Doody Calls.” They agreed to split the costs and profits 50/50. Sean transferred her van to the business, and they repainted it with the business name on all sides. The cost of all other start up equipment was shared evenly by Sean and Mel. They had no written agreement governing their business arrangement. The business took off and soon they had more customers than the two could handle. They approached Joe, an old high school friend, and in lieu of wages, he agreed to handle one third of the Doody Calls customers in exchange for 10% of the profits. Joe had no responsibility to contribute to the costs of the business should expenses exceed revenues. While scooping poop, Sean accidentally let loose a customer’s rare pedigree dog and it was never recovered. The customer demanded that Sean reimburse him for the value of the dog, $3,000. Sean paid the customer immediately to avoid legal action, and then submitted the cost for inclusion in the business’ monthly calculation of costs at the end of the month. Mel objected, she said it was Sean’s fault that the dog was lost, not hers, and that therefore Sean should bear the cost alone. Mel and Sean each received an equal share of the profits at the end of each month. While Mel was doing as much poop pick-up as Sean, she was also handling all of the bookkeeping and business correspondence. Mel asked Sean to pay her an additional administration fee based on the number of hours she performed such additional duties. Sean did not agree to Mel’s request. Mel is now disillusioned with being in business with Sean and considers calling it quits. She comes to you to find out how the business assets would be split up if she ended the business. She specifically wants half the value of all of the business assets remaining after the business is closed, plus an additional payment to make up for the extra administrative duties she has performed. Finding the Answers to the Questions: Most of the information you need to answer these questions is in your book in Unit 3. There may be a few questions that you might have to the internet for, but not many. There is one question that is from a chapter in unit 3, but it isn’t found within the pages of Chapters 17 & 18, so it is up to you to figure out where in unit 3 the information is. Remember, this assignment takes the place of a research paper. 1. What form of business enterprise is Doody Calls Service and what is the relationship of Mel, Sean, and Joe to that business? 2. How should the cost of the lost dog be handled in order to comply with Alaska law? 3. What advice will you give Mel with respect to her rights to half of the business’ remaining assets and extra compensation should the business be terminated? 4. Re-read the prompt and assume Mel hired Sean and Joe instead. Additionally, no profit sharing occurs with Joe or Sean, nor any expenses placed upon either party. Instead, Mel handled all of the bookkeeping and financial responsibilities in addition to picking up poop (although she generally left most of the poop responsibilities with customers to Sean). What type of business would this be? Take time to explain your answers addressing the following bulleted points:  List the business type you believe exists       between Mel, Sean, and Joe, and explain your legal justification for it       being this type of business as if you were a lawyer. (Explain what role       Mel has, what role Sean has, and what Role Joe would have in this       business type) Hint: If you are thinking Question 4 business type is a       sole proprietorship situation, please think again. Question 5 addresses       sole proprietorship. It doesn't make sense that you would be asked about       sole proprietorships on two consecutive questions. Explain how this business type is       generally formed Explain the additional ways this       business type may be enforced and the criteria for the enforcement and       how this would apply to Doody Calls? Explain what document is       used to form this type of business if any, and who would file it? (Mel,       Sean, or Joe). Explain all of the duties of all the       various parties within this type of Business (use your book to find out       based upon the hint I gave- all of these questions are directly from the       chapter of the book addressing this business type, all you have to do is       figure out which business type it is, and these bulleted questions will       be easy to answer): -Explain who fits what       party role for Doody Calls.  Mel Sean Joe Explain what authorities the parties       have in this type of Business if: Sean orally agrees to pick up poop for       Doody Calls Joe decides to help with 10% of Doody       Calls’ business to accomplish the objectives of the business. The owner of the rare pedigree dog       comes to Mel asking for reimbursement of her dog. The owner of the rare pedigree dog       comes to Mel asking for reimbursement of her dog and Mel denies she has       authority to do anything about her lost dog. Sean had been at an owner’s home eating       chocolate while he picked up poop, and their dog ingested the       chocolate. Immediately, Sean took the dog to a nearby emergency vet       without informing Mel. Would this be permissible for Sean to do in       his role within this business type? After Sean took the chocolate eating       dog to the emergency vet, the cost to pump the dog’s stomach to keep it       from dying from the chocolate it ingested was $10,000. Would this       unauthorized act of Sean’s be permissible? (Explain the concept that       permits or does not permit Sean’s Actions) Walk me through the Contractual       Liabilities in existence within this type of business venture and the       various concepts within. Walk me through the Torts and Crimes       Liabilities in existence within this type of business venture and the       various concepts within. Explain how this type of business       Terminated through Acts of the Parties How could Mel cause this type of       business to terminate? How could Sean cause this type of       business to terminate? How could Joe cause this type of       business to terminate? What are the specific requirements for       Notice of Termination and responsibilities of the parties within the       business? How is this type of business Terminated       through Operation of law in the various scenarios (thoroughly explain       each of your answers- this is straight from your book under the       termination heading for this business type): -Mel’s memory goes, she       begins to see ghosts and she loses her memory from Alzheimer’s. -A law is passed in the       state where Doody Calls is located making it a requirement that all dog       owners be responsible for picking up their own dog’s poop to avoid       attracting polar bears. -Inflated gas prices during       a month’s long snowstorm make it super expensive to travel to the same       amount of homes for the cost of services Doody Calls provides. The price       they must start charging is not a price any of Doody Calls clients will       agree to pay going forwards. As a result of inflated gas       prices, Doody Calls’ financial status deteriorates to the point where       they can no longer operate. If Mel lived in Ukraine and       Sean lived in Russia and they worked together to do business for Doody       Calls in both countries before Russia began their war with Ukraine. 5. What if Mel had decided to start Doody Calls solely on her own? (define what this type of business venture is and what it entails). Thoroughly explain what the advantages and disadvantages of that type of business organization are: *Business Type Defined- *Explain Formation- (including any documents used and place it is filed) *Explain the Advantages & Disadvantages- 6. What if Mel and Sean had decided to make Doody Calls a Limited Partnership (“LP”), what would need to change to form it? (use the following to explain) *Business Type Defined- *Explain Formation- (including document used and place it is filed) *Explain the Liabilities of the Partners- *Explain the Advantages & Disadvantages- *Explain Dissolution- 7. What if Mel and Sean had decided to make Doody Calls a Limited Liability Partnership (“LLP”), what would need to change to form it? (use the following to explain) *Business Type Defined- (including document used and place it is filed) *Explain Formation- (Including document used and place it is filed) *Explain the Liabilities of the Partners- *Explain the Advantages & Disadvantages- *Explain Dissolution- 8. What if Mel and Sean had decided to form a Limited Liability Company (“LLC”), what would need to change to form it? (use the following to explain) *Business Type Defined- (including document used and place it is filed) *Explain Formation- *Explain what the liabilities of an LLC and its members are? *Explain what the difference is between a member-managed LLC and a manager-managed LLC? *Explain the Jurisdictional Requirements- *Explain the Advantages & Disadvantages of LLC and its Members- *Explain the Flexibility in Taxation- *Explain Management of an LLC- *Explain what is required for the LLC Operating Agreement? *Explain what you have to do to dissociate from an LLC as a member and what the aftereffects of dissociation are- *Explain what Dissolution and winding up for an LLC is? 9. [Bonus Question—SKIP TO QUESTION 10 IF YOU DO NOT WANT THE BONUS POINTS—worth up to 15 Points Suppose Mel and Sean’s Doody Calls partnership really takes off and becomes big, would you turn it into a corporation?  (Do not consider the prospect of potential earning power of Doody Calls in your answer). Instead, use the following steps to formulate your answer: Look at Chapter 18 and determine why       you would or would not choose a corporation if you were Doody Calls then       write a concluding sentence explaining why you would choose a       corporation. Then, use the IRAC method explained in       Chapter 1 page 11 of your textbook to analyze the advantages and       disadvantages of the following factors to make your decision: definition       of a corporation, corporation formation, cost and procedures involved in       forming a corporation, corporate personnel, shareholders, taxes, how you       would classify your corporation, corporate financing, corporate powers,       corporate liability, directors, officers, and shareholders’ roles, etc. 10. If you had the choice, explain what business organization out of the ones you outlined above that you personally think is best for Doody Calls and why?

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  INSTRUCTIONS Action Items Party A graduated from business school and has le ...

  INSTRUCTIONS Action Items Party A graduated from business school and has learned the details about running a successful business. He is ready to utilize his education and does not want to work for anyone. Party A had decided to sell the fifty thousand rulers that his Uncle gave him. He knows that he will have to  purchase additional supplies.You are his business advisor, and he wants to know how he can raise the money to finance his business and if he should take out a loan. Discuss the two main ways that corporations are financed? Submission Instructions

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