Prof Dewey Balzhiser
Course: Law, Ethnics, and Corp Governance.
1. 1. Explain whether Jake’s actions are in or out of “his scope of employment.”
2. Scope of employment is the activities of an employee that are in futhermore of duties that are owed to an employer an where the employer is, could be, excising some control, directly or indirectly, over the activities of the employee (Law Dictionary 2010). The scope of employment including matter of personal convenience and comfort that do not conflict with specific instructions (Law Dictionary 2010). In the ...view middle of the document...
4. Herman would be responsible for Jake's injury because Jake was doing a oil free change when the injury occurred. In most cases workplace injuries are covered regardless if the employee is at fault. In the video Jake was telling Herman the he was being over worked because of the oil change promotion. Herman did not realize the impact the promotion would have on his employees. Herman should have hired extra service workers to work the promotion to put less stress on his employees. When a employee is over worked their mind is not as focused and this can lead to on the job injuries. Herman is indirectly responsible for Jake's injuries because of Jake's long hours and lack of focus.
6. Explain whether or not Jake should be paid the overtime.
7. Employers have to pay salaried workers for giving more time each week to the enterprise
8. than the standard 40 hours work week (Overtime Law 2009). Employees are entitled to overtime pay under the Fair Labor Act of 1938. Under the FSLA, Jake's overtime pay should be one and half his regular pay rate (Meeks 2010). Jake was not getting the overtime pay he deserved. Many times employers may try to reduce employee wages and cut their benefits to reduce business cost. Herman was not following the overtime rules in regards to which employees were entitled to overtime pay. Many times a employer feels that hourly employees are entitled to overtime pay and all salaried are exempt from overtime pay. An exempt employee is not entitled to received overtime (Meeks 2010). In the video Herman's thinking was wrong. The rules for overtime pay have nothing to do with if the employee is salary or hourly, or what their job title or job description is (Meeks 2010). In the FSLA overtime pay is determined on what a employee does at work every day. Jake had changed to a salaried employee with manager in his job title but he still performed the same job duties. Employers have to pay employees overtime if they spend less the 50% of their time managing other employees. Employers also try to not pay employees overtime because otheir job title like service manager, assistant manager, and team lead....