Employer's Duty Of Care Essay

1038 words - 5 pages

Scope of Employment

To determine whether or not Jake’s actions are in or out of his scope of employment, we must first examine what “scope of employment”

involves. The term “scope of employment” refers to an employee actively performing an employment task at a particular time for the

benefit of the employer that does not involve the employee’s personal business (Hill, 2011). An employee’s scope of employment usually

become relevant when there is an accident on the job or when someone wants to hold an employer liable for the actions of an employee.

The scenario in the video involved the employee, Jake, being injured on the job.

Jake worked as an auto mechanic in ...view middle of the document...

Employees no longer had to go through the hassle of hiring an attorney and suing for injuries that occurred on the job

and employers did not have to worry about being sued as long as the injury was covered under workers’ compensation (Halbert & Ingulli,

2010). This is called the exclusivity rule. Employees do normally receive compensation when filing a workers’ compensation claim, but t

hey are often times lower than the employee’s normal wages.

Jake stated that he inadvertently injured his thumb with a torque wrench while trying to tighten a spark plug. This injury occurred during t

the course of his employment so it should be covered under workers’ compensation. Because of how workers’ compensation is

structured, Jake does not need to prove that Herman was negligent and Herman can’t claim negligence on the part of Jake in an effort to

defeat the claim. In essence, both parties agree to no fault and the employee should be compensated appropriately.

Overtime

According to the video, Jake was recently promoted to service manager and his compensation now consists of a salary and

benefits. All the managers at Herman’s automobile dealership receive a salary and do not receive overtime. It is not abnormal for an

exempt employee to receive a salary with no overtime compensation. However, according to the Fair Labor Standards Act, in order for an

employee to be considered exempt most of them must meet three criteria: 1) receive a minimum of $23,600 per year, 2) be paid on a

salary, and 3) perform exempt job duties. (United States Department of Labor, 2011). The job title itself does not determine whether or

not an employee is exempt or not exempt but rather the specific duties of that job.

According to the facts presented in the case, Jake was promoted to service manager but he is still performing the same job f

functions. In order for an employee to be exempt, they typically must perform more managerial functions and supervise at least two or

more employees (United States Department of Labor, 2011). It was unclear in the video if Jake was...

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