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Employers Duty Of Care Essay

868 words - 4 pages




LEG 500
February 11, 2012

Explain whether Jake’s actions are in or out of “his scope of employment.”
The relationship between the employer and employees determines the success of a business. The employee should show that he is loyal to his employer. His work ethic should show the integrity and honesty in fulfilling his duties. He should be bound to fulfill the obligations entrusted in him upon being hired. The employee should follow all rules and regulations that have been set forth by the employer. If the employer finds the employee in dereliction of ...view middle of the document...

Herman should see that with Jake performing his duties as a certified mechanic, the customers are more than likely to return for services in the future, which is a benefit to the business as well.
Explain whether or not Herman is responsible for Jake’s injury.
Yes, Herman is responsible for Jake’s injury. He has been working a lot of overtime without proper rest, so his injury is covered under state worker's compensation laws. Before state and federal statutes were passed, if an employee was injured on the job, they had to rely on contract law theories or tort law. Today, state and federal statutes have been passed to protect employees from the risk of accidental injury resulting from their employment. Herman should pay for the injury caused to Jake during working hours.
Explain whether or not Jake should be paid the overtime.
The Fair Labor Standards Act of 1938 mandates that any employee who agrees to work more than forty hours per week must be paid no less than one-and-a-half times his or her regular pay for all hours over forty. Herman is arguing that Jake is an "exempt" employee and hence falls outside these requirements. FLSA has specific tests to determine whether an employee qualifies as an executive, an administrative employee, or a professional employee. Given the circumstances, and that he regularly works on the cars, it appears that Jake is a "non-exempt" employee and is entitled to his...

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