Internet Research Project, Summer, 2009

Business Law 500-50

Rebecca Sorley

1. www.eeoc.gov/policy/docs/decision-contraception.html
The Equal Employment Opportunity Commission decided that a company which did not include
oral contraceptives in its health insurance policy was in violation of Title VII of the Civil Rights
Act of 1964. The company stated that the exclusion of prescription contraceptives is not
discriminatory because on the surface, it does not distinguish between men and women. The
Pregnancy Discrimination Act was enacted in order to require equal treatment of women
“affected by pregnancy, childbirth, or related medical conditions” in all aspects of employment.
The Supreme Court decided that health insurance should cover a woman’s potential for
pregnancy as well as pregnancy.

2. nlrb.gov/research/decisions/board_decisions/template_html
July 21, 2009 decision between Beaird Industries, Inc. and International Union, United
Automobile, Aerospace and Agricultural Implement Workers of America, Local 2297
This dispute between the Union and the business concerned safety items including safety glasses.
According to the agreement bargained between the Union and the Industries, safety glasses were
to be provided for the employees. They were not being provided at the time of the complaint and
thus the Union had sufficient reason to file a complaint.

3. www.eeoc.gov/policy/docs/preemp.html
This document, dated October 10, 1995, provides guidelines for interviews related to questions
regarding disabilities. Employers may ask employees if they are able to lift a certain amount of
pounds related to the job, type a certain number of words per minute, etc. Employers may ask a
person to demonstrate this ability as well. An employer may not require a medical exam prior to
offering the potential employee a job. At this time, the employee may be asked to take a medical
exam providing that all employees have the same requirement.

4. www.osha.gov/pls/oshaweb/owadisp.show_document?p_table
This document expresses Occupational Safety Health Association regulations for dealing with
blood. Besides a list of definitions including the definition of “blood,” the document states how
to dispose of needles, what sort of gloves to wear, and how to train employees to deal with
anything which has touched blood.

5. Indiana Worker’s comp. report of first injury – see page #5 in package

6. http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/about-identity-theft.html
This web-site describes what identity theft entails, how to know if it has happened, and what to
do about it. It is a user friendly site for consumers to know how to avoid identity theft or how to
deal with it if it has occurred.

7. http://www.cpsc.gov/BUSINFO/reportwhen.html
The Consumer Products Safety Commission requires that a business report within 24 hours if
there is a potential safety hazard with a product. This means that even if the hazard has not been
proven, it should still be reported. If this is not done in a timely manner, the matter could end in
a civil suit if customers are injured or killed by using the product.

8. http://tess2.uspto.gov/bin/showfield?
f=toc&state=4008%3Anrnptp.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=ye
s&p_s_PARA1=&p_tagrepl~
%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=Pepsi&p_tagrepl~
%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_
search=Submit+Query
323 Trademarks are associated with Pepsi. Some are current and some are old which are
declared dead when no longer needed. The Trademark Electronic Search System (TESS) allows
a person to search for current trademarks so that he or she knows which trademarks to avoid.

9. uspto.gov/web/offices/pac/doc/general/what.htm
Patents can be obtained by anyone who invents or discovers a new or useful process or machine
or an improvement of something. Patents must be on something which can actually work, not
just an idea. As of 1954, patents regarding an invention which utilizes special nuclear material
or atomic energy for atomic weapons may not be accepted.

10. Indiana Secretary of State – form for Articles of Incorporation see page #10 in packet

11. www.in.gov/legislative/ic/code/title23/ar4/ch1.html
In Article 4 of the UCC code for Indiana, partnerships are discussed and the section includes
definitions and interpretation of such. Specifically, Indiana Code 23-3-1-45 deals with Limited
Liability Partnerships and how to amend the registration of the business with the Secretary of
State. LLPs may be amended at any time following the protocol listed in this section of the
code.

12. www.usdoj.gov/atr/public/press_releases/2005/209816.html
In a press release dated June 29, 2005, the case against Irving Materials, Inc. was described in
detail with the verdict against the executives released. This price fixing scheme which involved
conspiring with concrete competitors to set unusually high prices for Indianapolis contracts
between 2000 and 2004 was discovered and the executives were sentenced to time in jail along
with significant fines. The company itself was sentenced to $29 million in fines which was the
largest fine at that time in a domestic antitrust investigation.

13. http://www.sec.gov/Archives/edgar/data/77476/000095010309001316/dp13699_8k.htm
The 8K report for PepsiCo. found on the Securities and Exchange Commission (SEC) web-site
dated June, 2009 discusses a proposal to acquire all of the outstanding shares of The Pepsi
Bottling Group, Inc. and PepsiAmericas, Inc. that it does not already own. This information is
required to be shared with stockholders. If a PepsiCo. Employee made huge purchases of stock
prior to this public notification, it would most likely have been considered insider trading.

14. http://www.sec.gov/info/smallbus/qasbsec.htm
There are a number of very specific rules for legal private offering exemptions from registration
for small businesses. Criteria include intrastate offerings and offering shares to knowledgeable
investors who agree not to resell or distribute securities to the public. Regulation A states that a
small company may qualify for exemptions if the securities offered are small, not exceeding $5
million. “Accredited investors” may qualify for private offerings if they have a net worth of at
least $1 million.

15. http://www.sba.gov/smallbusinessplanner/start/buyafranchise/index.html
Consumer information regarding buying a franchise is laid out in a user friendly manner on this
web-site. Included in the tabs for the site is an overview of franchises, consumer guide, strategy,
trade associations related to franchises, and guides for buying a franchise.

16. http://www.indy.gov/eGov/City/CodeEnforcement/Inspections/Zoning/Documents/Home
%20Occupation%20July%2009.pdf
Section 731-220 of the zoning code in Indianapolis discusses home-based businesses. A wide-
variety of home businesses are permitted including medical, law, music instruction, tailoring, and
hair grooming. The main restrictions are that the home be the primary place of residence and
that parking is not in a yard or against rules of the dwelling district. Signs may not be placed in
the yard without permission from the zoning board nor may the place of business display goods.

17. http://www.hud.gov/offices/hsg/ramh/res/respamor.cfm#HD
The RESPA (Real Estate Settlement Procedure Act) outlines the disclosures which are required
by sellers, banks, and realtors prior to a buyer purchasing a home. A Good Faith Estimate is
required as part of the disclosure as well as information about escrow accounts for taxes and
insurance.

18. http://www.epa.gov/R5Super/npl/indiana/IND980607360.htm
The Southside Sanitary Landfill is located on the west bank of the White River about 4.5 miles
southwest of downtown Indianapolis. This is an active solid waste disposal facility that began in
1971. Due to the location very near housing communities and recreation facilities such as Eagle
Creek Park, the site was put on the National Priorities List in 1989. Groundwater is
contaminated in the area from metals. The Indiana Department of Environmental Management
is working with the responsible parties’ to aid in cleanup.

19. http://www.sec.gov/about/laws/soa2002.pdf
The Sarbanes Oxley Act code 15 USC 7201 describes changes from the Securities Exchange
Acts of 1933 and 1934 which are covered in the Sarbanes Oxley Act. Mainly, this section
pertains to qualifications for auditors for companies to secure that auditors have no stake in the
company and are independent in order to provide accurate information.

20. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108
This web-site presented a synopsis of the arguments in the “Kelo v City of New London”
Supreme Court case of 2005. The case involved “eminent domain” and the rights of a city to
force property owners to sell their property to the city for important purposes. The city argued
that the area in question was a distressed community and would actually profit from creating a
river walk in the area amongst other city improvements. The residents countered that the area
was not in distress and that property owners who had worked to upgrade their homes were not
eligible for significantly more pay since the property values were low in the area. The court’s
decision included siding with the city on some areas of the property in question and siding with
the residents on other areas of the property.

21. http://forms.findlaw.com/
Findlaw is a great site for business people who are really clueless about legal questions and wish
to find answers without hiring an attorney or prior to hiring an attorney. This part of the site has
forms for wills, incorporation of business, trademarks, and bankruptcy besides a number of other
items.

22. http://topics.law.cornell.edu/search/node/Employment%2BTopics

This site is a resource for various topics in employment law including discrimination, affirmative
action, and workers’ compensation. Collective bargaining, labor unions, and agency accounts
are also listed with definitions and examples found under these large topics.

23. http://www.irs.gov/pub/irs-pdf/f1120s.pdf

This is a tax form for an S corporation. An S corporation does not pay taxes, but the
shareholders pay instead in this single tax system. A C corporation is double taxed since both
the corporation and shareholders are taxed.

24. https://www.cia.gov/library/publications/the-world-factbook/geos/br.html

The CIA factbook is updated every two weeks and includes almost anything one might want to
know about the country of Brazil. Facts include population, climate, agriculture, and
government. It would be a great resource for a young person working on a country projects since
it is kept so current.
25. http://www.usa.gov/Citizen/Topics/Internet_Fraud.shtml

I looked up First Gov and all sites which mentioned this were all named USA.gov.

Information concerning internet fraud included reporting internet fraud as well as learning about
fraud on the internet. Forms for all kinds of internet fraud are available as well as helpful sites
for children and adults to recognize internet fraud.