This website uses cookies to ensure you have the best experience. Learn more

Employee Rights Essay

1066 words - 5 pages

Employee Rights
Prof Dewey Balzhiser
8/8/2011
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.
5.
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....

Other Papers Like Employee Rights

Equal Employment Opportunity and Employee Rights Review

2088 words - 9 pages Equal Employment Opportunity and Employee Rights Review Learning Team B HRM 300 May 18, 2015 Professor E. Hardin Equal Employment Opportunity and Employee Rights Review The Civil Rights Act of 1964 prohibits discrimination in all employment decisions on a basis of race, religion, ethnicity, sex, and national origin (DeCenzo, Robbins, Verlhurst, 2013). Not only does it protect in employment decisions but it also

Employee Privacy Rights in the Workplace

3174 words - 13 pages the employee for transmitting e-mail messages to his supervisor on its Internet system that it deemed to contain unprofessional comments. The court upheld the termination, finding that the employee lost any expectation of privacy in his e-mail messages when he transmitted them over his employer’s system. Another case involving the accidental interception of sexually offensive messages also affirmed the rights of employers to read employees’ e

Employee Rights

925 words - 4 pages In recent months, Wal-Mart Stores Inc. has only hired temporary workers at many of its stores in the Unites States. This is the first time the world’s largest retailer has done so outside of the holiday shopping season. A survey of 52 stores, including one in every U.S. state, revealed that 27 were hiring only temporary workers, 20 were hiring a combination of full, part-time and temporary employees, and five were not hiring at all. Wal-Mart

Mr. Curtis

529 words - 3 pages inform the employee of the penalty. The penalty decided upon is: The chairperson should complete the following: 10. The following rights and principles were adhered to: Checked Charge(s) explained and understood The right to answer to the charge(s) The right to question witnesses The right to call witnesses The right to present argument Previous record of the employee was taken into account Disciplinary measures and

Employee Monitoring

920 words - 4 pages organization billions of dollars in liability cost. PRIVACY CONCERNS Some argue that employee monitoring violates certain rights of the employee. This is mainly the Fourth Amendment , this law is devised to protect a person’s rights. The employee can argue that unlawful monitoring of their day-to-day actions on organizational equipment could violate their right to privacy. According to the Fourth Amendment, probable cause should activate the right

Hr Task 1

954 words - 4 pages HR Task 1 Regarding the case filed by our former employee against our company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to depict the legalities of constructive discharge. A. A constructive discharge takes place when an employee believes that working conditions are intolerable; therefore is compelled to resign. In order for constructive discharge to be established; either of the following must

Employ at Will

1809 words - 8 pages . Under the current labor law system, employers often use a combination of legal and illegal methods to silence employees who attempt to form unions and bargain for better wages and working conditions (Employee free choice, 2008). Therefore, it is imperative for management to review the NLRA in order to ensure employees rights are protected when engaged in certain activity, which is when two or more employees take action for their mutual aid or

Consensual Relationship Agreements

1101 words - 5 pages employment-at-will doctrine. As long as disciplinary actions does not violates the rights of the employee. The employer can terminate because, no cause, in good faith, or bad faith. Describe what step you would take to address the following scenario labor and laws: As a manager, the employee would receive a written warning first, for not showing up to work, although they were notified no employee will be able to take time off during the tax

Trial Period Us

2634 words - 11 pages , Nebraska, Rhode Island) that hasn’t attached this policy exceptions, it mean that the employment ad is still in force. A few rights for the workers Nevertheless and fortunately there are a few regulation to protect the employee rights, companies still have to follow federal and state employment laws covering issues such as discrimination, whistle blowing and layoff notices. Title VII of the Civil Rights Act of 1964, which prohibits

Jdt Task 1- Human Resources

1359 words - 6 pages undue hardship (EEOC- Self Print Document). Our previous employee is claiming that the changing of schedule is imposing on their religious practices. An item relevant to titles VII is that accommodation needs to be reasonable, but does not pose business hardship. More details to this scenario are not known, but if the employer can prove a hardship would have occurred, denial of requested days would not be against Title VII of the Civil Rights Act

Employment Compliance Plan

1129 words - 5 pages can order the employer to pay the employee and lost wages or benefits such forth (Age Discrimination, n.d.). The Civil Rights Act of 1964 The Civil Rights Act of 1964 is a law that protects individuals from being discriminated according to their race, religion, color, sex, etc. The Equal Employment Opportunity Commission (EEOC) had the power to investigate such discrimination cases. EEOC prohibited employment discrimination through the Title VII

Related Essays

Hrm 300 Employee Rights Essay

799 words - 4 pages University of Phoenix Material Employee Rights in the Workplace Worksheet Complete each section below. Be sure to cite your sources when necessary (including all uses of the textbook). 1. Laws affecting employee rights Identify three laws that affect employee rights. Include a description and the impact each has on a Human Resource Manager. |Law |Description

Employee Rights And Responsibilities Essay

1422 words - 6 pages Employer Rights and Responsibilities. Kyrsty Link Laws/Legislations that cover employment Employment Rights Act 1996 is the UK labor law's primary concern, this sets out the statutory rights of workers and employees. This includes the right to receive a written document stating the terms and conditions of employment, the right to maternity situations and a right to not be unfairly dismissed. This act also covers redundancy provisions, the

Basic Rights Of An Employee Essay

1206 words - 5 pages Your basic rights as an employee There are minimum rights and entitlements set out in law, which apply to ALL employees, whether it is written in your employment agreement or not.  Your employment agreement cannot trade off or provide for less than these minimums. The law protects you at work by setting the minimum rights you have as an employee with paid time off work the minimum you can get paid public holidays sick leave bereavement leave

Equal Employment Opportunity And Employee Rights Review

938 words - 4 pages Equal Employment Opportunity and Employee Rights Review HRM/300 C******* ****** June 4, 2015 Mr. M****** S******** Summary Equal Employment Opportunity laws are in place to