This report provides an overview of the legal systems, workplace laws, consumer laws, tax laws, and registration requirements in San Jose, California for Disney Company's planned expansion.
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INTEGRATED BUSINESS CHALLENGE1 Integrated Business Challenge Professor Name Date
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INTEGRATED BUSINESS CHALLENGE2 DISNEY SCOPING REPORT OF SAN JOSE San Jose is a city located in California. It is the third largest city, by population. The city is located within Silicon Valley; as such it prime for business. It is vital for the survival of a company that it understands the State/municipal of any region they so wish to expand to. Matters such as taxation and labor law different from jurisdiction to jurisdiction and ignorance of these laws may result in a heap of legal troubles for the company. 1)International Legal Systems There exists various international legal instruments that provide various rights and obligation that companies (most especially large companies such as Disney) are expect to uphold. With regard to employment, the Universal Declaration of Human Rights, which the United States is a signatory, provides that all persons have the right to equal and fair remuneration, good working conditions and the right to form and join trade unions (International Declaration of Human Rights, 1948,Art. 23(1,2,3 and 4). The International Convention on the Elimination of All Forms of Racial Discrimination, while acknowledging the principles laid out in the UDHR (The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 Art. 4), continues to provide for the same rights as highlighted above (The International Convention on the Elimination of All Forms of Racial Discrimination, 1965Art. 5(i and ii), and that all worker are protected from all forms of racial discrimination (The International Convention on the Elimination of All Forms of Racial Discrimination, 1965). These two instrument obligate States to create laws that protect employees.
INTEGRATED BUSINESS CHALLENGE3 2)National and State/Municipal law a)Workplace laws As a result of the above obligations, the United States has passed several laws that impact the rights of workers. Laws provide for equal pay (The Equal Pay Act, 1963), minimum wage and working hours (Fair Labor Standards Act, 1938) and the prevention of discrimination (Civil Rights Act, 1964,Title 4). With regard to occupational safety, the law requires employers to ascertain that they provide their employees with a safe working environment (Occupational Safety and Health Act, 1970,Sec 7). On the State level, California Law requires that an employee’s standard length of work is 8 hours a day. Anything over this is regarded to as overtime and the law requires that the employer pays accordingly (Upcounsel, 2019). b)Consumer laws With regard to matter of investment, Disney Company is bound to disclose its financial information to all investors (Securities Act, 1933). With a planned expansion, the company will be looking for investors, hence it must disclose all its financial information for this purpose. Consumers are protected from unfair and deceptive representation under California State law (Upcounsel, 2019). As such it is imperative that in its efforts to attract consumers, Disney present to the people of San Jose only that which is factual. c)Tax Laws San Jose requires that all business pay taxes. Taxation can be based on a number of factors including number of employees (Sanjoseca.gov, 2019). At the state level, every corporation conducting business in California is liable to income taxation of 8.84 percent (Ftb.ca.gov, 2019).
INTEGRATED BUSINESS CHALLENGE4 d)Registration San Jose law requires that all businesses be registered and obtain a business tax certificate for tax purposes as highlighted above (sanjoseca.gov, 2018). There are also other licenses that an organization may be required to attain before commencing business. 3)Conclusion San Jose’s location makes it an ideal place to conduct business. Its scenic landscape makes it perfect for the magic-oriented company. Disney, having its headquarters in California, is already familiar with the laws of the State but what is imperative for a profit-driven company is the laws relating to tax. San Jose’s tax laws do seem to require quite a high tax levy as opposed to many other locations in the country but its location means that the profit potential should be great enough to tackle this issue. It would be my recommendation that before commencing business, Disney Company first assess its profit projections and weigh the same against the costs attached to such a venture. The laws as discussed relating to payment favor the workers mire than the employer. Should the company opt to proceed then I would recommend that it attains all the relevant licenses and approvals first.
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INTEGRATED BUSINESS CHALLENGE5 REFERENCES Ftb.ca.gov. (2019). C Corporation | California Franchise Tax Board. [online] Available at: https://www.ftb.ca.gov/businesses/Structures/C-Corporation.shtml [Accessed 30 May 2019]. International Declaration of Human Rights. (1948),Art. 23(1, 2, 3 and 4. Available at: https://www.ohchr.org/en/udhr/documents/udhr_translations/eng.pdf[Accessed: 30thMay 2019]. International Convention on the Elimination of All Forms of Racial Discrimination (1965) Art. 4. Available at:https://www.ohchr.org/Documents/ProfessionalInterest/cerd.pdf[Accessed: 30thMay 2019] International Convention on the Elimination of All Forms of Racial Discrimination. (1965) Art. 5(i and ii).Available at: https://www.ohchr.org/Documents/ProfessionalInterest/cerd.pdf [Accessed: 30th May 2019] International Convention on the Elimination of All Forms of Racial Discrimination. (1965). Available at: https://www.ohchr.org/Documents/ProfessionalInterest/cerd.pdf [Accessed: 30th May 2019] Occupational Safety and Health Act, (1970),Sec 7. Available at: https://www.osha.gov/Publications/OSH-ACT-reprint-3-09-04.pdf[Accessed: 30thMay 2019] Sanjoseca.gov. (2019). San Jose, CA - Official Website - Business Tax Rates. [online] Available at: http://www.sanjoseca.gov/index.aspx?NID=1155 [Accessed 30 May 2019]. Sanjoseca.gov. (2018). San Jose, CA - Official Website - Business Tax & Registration. [online] Available at: http://www.sanjoseca.gov/businesstax [Accessed 30 May 2019]. Securities Act (1933). Available at:https://legcounsel.house.gov/Comps/Securities%20Act %20Of%201933.pdf[Accessed: 30thMay 2019]
INTEGRATED BUSINESS CHALLENGE6 The Equal Pay Act (1963). Accessed at:https://www.eeoc.gov/laws/statutes/epa.cfm. [Accessed 30thMay 2019] UpCounsel. (2019). CA Labor Laws | UpCounsel 2019. [online] Available at: https://www.upcounsel.com/ca-labor-laws [Accessed 30 May 2019]. APPENDIX A
INTEGRATED BUSINESS CHALLENGE7 San Jose Tax Projections The 3 Year tax projections reveal a small increase. This may be as a result of increase in taxation or increase in the tax pool. APPENDIX B PROJECTED MINIMUM WAGE – CALIFORNIA
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