searchfortruth.info > Blog > 2019 > Page 5

Year: 2019

Agents and Employees

by

The question of which types of employees are considered agents of their employer for purposes of sharing in tip pools has come to the forefront in a number of cases filed against Starbucks. The Starbucks litigation is an excellent reminder to employers that issues concerning the payment of wages, in particular tip pooling, may involve not only the federal labor law (i.e. Fair Labor Standards Act) but may also touch on various state labor laws.

Under federal law, employers are permitted to pool the tips of those employees “who customarily and regularly receive tips.” 29 U.S.C. §203(m). Some examples of the types of employees who “customarily and regularly receive tips” are waiters, bellhops, waitresses, busboys and bartenders. Under federal law, a valid tip pool may not include employees who do not customarily and regularly receive tips, such as dishwashers, cooks, chefs and janitors. But what about an employee, who is principally responsible for serving customers but also has some limited supervisory responsibilities,

Additional Resource: Which types of employees are considered “agents” of an employer for purposes of sharing in tip pools?

Read More!

Encyclopedia of Criminological Theory

by

University of Cincinnati

Routine activity theory also sometimes referred to as lifestyle theory has proven to be one of the more useful theories for understanding criminal victimization and offending patterns in the late 20th and early 21st centuries. This theoretical explanation, which has primarily focused on providing information regarding who is more or less likely to be a crime victim, was originally formulated by Lawrence E. Cohen and Marcus K. Felson with the 1979 publication of their seminal article “Social Change and Crime Rate Trends: A Routine Activity Approach.” In this research, Cohen and Felson examined temporal changes in U.S. crime rates from 1947 to 1974. They highlighted the dramatic increase in predatory crime over thatime period, especially that during the decade of the 1960s. At the time, most scholars attributed the rise in crime to an increase in the number of those willing to break the law a group that Cohen and Felson called “motivated offenders.” Taking an alternative approach, they suggested...

Read More!

Journal of Experimental Psychology Failure To Escape Traumatic Shock

by

Dogs which had 1st learned to panel press in a harness in orderto escape shock subsequently showed normal acquisition of escape/avoidance behavior in a shuttle box. In contrast, yoked, inescapableshock in the harness produced profound interference with subsequentescape responding in the shuttle box. Initial experience with escapein the shuttle box led to enhanced panel pressing during inescapableshock in the harness and prevented interference with later respondingin the shuttle box. Inescapable shock in the harness and failure toescape in the shuttle box produced interference with escape respondingafter a 7-day rest. These results were interpreted as supporting alearned "helplessness" explanation of interference with escape re-sponding: Ss failed to escape shock in the shuttle box following in-escapable shock in the harness because they had learned that shock termination was independent of responding.

Overmier and Seligman (1967) haveshown that the prior exposure of dogsto inescapable shock in a Pavlovianharness reliably results in interfer-ence with subsequent escape/avoidancelearning in a shuttle box. Typically,these dogs do not even escape from

Read More!

Efficacy of the Theory of Planned Behaviour: A Meta-Analytic Review

by

The Theory of Planned Behaviour (TPB) has received considerable attention in the literature. The present study is a quantitative integration and review of that research. From a database of 185 independent studies published up to the end of 1997, the TPB accounted for 27% and 39% of the variance in behaviour and intention, respectively. The perceived behavioural control (PBC) construct accounted for signicant amounts of variance in intention and behaviour, independent of theory of reasoned action variables. When behaviour measures were self-reports, the TPB accounted for 11% more of the variance in behaviour than when behaviour measures were objective or observed (R2s = .31 and .21, respectively). Attitude, subjective norm and PBC account for signicantly more of the variance in individuals’ desires than intentions or self-predictions, but intentions and self-predictions were better predictors of behaviour. The subjective norm construct is generally found to be a weak predictor of intentions. This is partly attributable to a...

Read More!

Extending the Theory of Planned Behavior: Evidence of the Arguments of its Sufficiency

by

Abstract

The Theory of Planned Behavior (TPB) has been parsimonious, empirically supported, widely cited, most prominent, most compelling and well established model for predicting intentional behavior. Despite its comprehensive and valid prediction on behavior, TPB has received many debates and criticism on its narrow sufficiency of the three original components constructs of attitude, subjective norms and perceived behavioral control. This article discusses on the empirical support of various authors that recognized other relevant external factors to be considered in addition to the original model and considerations for future research context to enrich the existing theoretical contributions.

Introduction

The Theory of Planned Behavior or also referred to as TPB (Ajzen, 1985) has been useful and considered one of the most influential models in predicting social behaviors(Ajzen, 2011). It were found to be widely cited across domains to help in the understanding of many issues and problems of the societies(Armitage & Conner, 1999; Arnscheid & Schomers, 1996; Bansal & Taylor, 2002; Boldero, Sanitioso, & Brain, 1999;

Read More!

Civil Liability for Acts of Off-Duty Officers – Part I

by

1. Introduction

. Off-duty police officers, in some instances, encounter situations in which they may be called upon, at a moment’s notice, to act in their law enforcement role. Additionally, some off-duty officers are engaged in secondary employment, including jobs in private security. Off-duty officers, like all people, also become involved in disputes of various kinds with other individuals, including physical altercations and vehicular accidents. A good number of lawsuits, in both federal and state court, have attempted to impose civil liability on the off-duty officers themselves and/or on their municipal employer, under a variety of rationales. The issue arises whether and when the offduty officer is acting in their capacity as law enforcement, when they are acting on behalf of their secondary employer, such as a store or business for which they provide security or other services, and when they are acting in a purely personal capacity. This article, the first of two, briefly examines some of the existing case law on this...

Read More!

Hybrid Gangs and Their Hidden Threat to Law Enforcement

by

Abstract

This paper examines the unrecognized threats to law enforcement presented by hybrid gangs and their members. Information contained in this paper was obtained via literary and historical research and review, personal contact as well as the author’s previous experience in gang and covert investigations. In 2001, the United States Department of Justice identified the increasing development of hybrid gangs and their threat potential. Since that time, hybrid gangs have flourished and have continued to grow and evolve. Unfortunately, there has been a lack of updated training for law enforcement concerning the evolution and development of these gangs. The lack of training, combined with personal apathy and complacency displayed by some in law enforcement enhances the threat these entities pose for law enforcement personnel.

Introduction

Gang members and violence have long been considered synonymous in the law enforcement community. As crime and violence in communities has increased; society has experienced a proliferation of criminal gangs of various forms

Read More!

Supporting Gang Violence Prevention Efforts: A Public Health Approach for Nurses

by

Abstract

The impact of gang violence on a youth’s risk for death or injury is tremendous. Prevention of complex societal problems, such as gang violence, requires a substantial effort and commitment from many sectors and disciplines. Nurses are uniquely positioned to help lead such efforts. Understanding the public health perspective to gang violence may be an important tool for nurses attempting to prevent this problem. The public health approach has four key components: defining and monitoring the problem; identifying risk, protective, and promoting factors; developing and evaluating interventions; and dissemination. This article outlines these components, current research on gang violence, and concludes by summarizing critical challenges for nurses to consider as they contribute to public health initiatives to prevent gang violence.

From 2002 to 2006, gangs were responsible for approximately 20% of homicides in the 88 largest United States (US) cities. Many health providers might not think they would see the words “gang violence” and “public health” in the same sentence. However, nurses who

Read More!

Long-Term Consequences of Adolescent Gang Membership for Adult Functioning

by

Research has consistently shown that gang membership has proximal adverse consequences during adolescence that, in turn, lead to significant social and economic costs. Active gang members are much more likely than their nongang peers to engage in criminal behavior, especially serious and violent offending; in addition, they are more likely to be involved in drug use and selling,5 have more difficulties in school, and are more likely to be violently victimized.3 However, with few exceptions, there is scant research on possible broader, long-term public health consequences of gang membership. Levitt and Vankatesh,8 in a 10-year follow up of a sample of Chicago youths, found that those who reported being in a gang during adolescence were more likely to be arrested and incarcerated as adults, were more likely to rely on illegal income, and had obtained less formal education than their nongang peers. When they controlled for background characteristics such as home environment and early school performance, only the relationship between...

Read More!

Gangs and Adolescent Mental Health: a Narrative Review

by

Abstract

This study presents a narrative review of the literature on gang culture and its association with mental health, including an in-depth overview of the topic area and reference to key systematic reviews and meta-analyses. This review will define gang culture, discuss the multiple interacting reasons (biological, psychological and social) why some young people may be attracted to gangs; and the psychiatric morbidities associated with being part of a gang. Gang culture and some adolescent mental health problems are intricately linked. This paper highlights ways in which research, practice and policy could be extended to minimise the injurious effects of gang culture on adolescent mental health

Read More!

Gang Members 25% More Likely To Develop Mental Health Disorders Due To Perpetual Violence

by

Gangs and gang violence are a major public health problem. Violence is necessary for building and maintaining group cohesion in gangs, and is instrumental for robberies and intimidation, a major way by which gang members make a living. Violence is also essential to their control of illegal drugs markets. So gangs are not just friends hanging out; they are serious menaces to society.

But are gang members also menaces to themselves and their mental health?

A new study of 4,664 men aged 18 to 34 in Britain served to identify associations between violent behaviors and mental issues or use of mental health services, highlighting the specific effects of gang membership.

Of the men surveyed, 70 percent reported that they had not been violent in the past five years, 27 percent said they had assaulted another person or been involved in a fight, and two percent, or 108 of the men, said they were currently a member of a gang. Using these

Read More!