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Employee Rights

In: Business and Management

Submitted By h1n2w3
Words 1033
Pages 5
Employee Rights
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 video Jake's actions are in scope of his employment. Jack, a licensed mechanic and works as a service manager at a car dealership. The car dealership he works for is currently offering free oil changes to lure in new customers. Jake also performed a full inspection of the cars with the oil change. Jake employer's promotion only advertise a free oil change but Jake's full inspection is in his scope of employment. Scope of employment refers to anything a person does in the ordinary course of doing his or her job (Scope of Employment 2008). Jake feel that since he is a certified profession it is his care of duty to perform a full inspection on all the car he services. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others (Duty to Care 2007) . Jake may lose his certification if he does not do the oil change correctly and inspect the car. Jake has a duty to protect his customers. While performing his inspection Jake could find a problems that can save a customer life and build customer confidence in the dealership. 3. 2. Explain whether or not Herman is responsible for Jake’s injury. 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. Employers may ask employees to work through their breaks and lunch time without pay. Employer needed to be educated on overtime laws and practices.
9. 4. Explain the rights Jake and Herman have individually in this scenario. 10. As a employee Jake has the right to file a lawsuit in civil court for up to two years of back overtime pay (Department of Labor 2004). If a employer is found to be willfully in violation
11. of FSLA then they can be sued for up to three year back pay. Employee can sue for legal fees and other court related cost (Department of Labor 2004). Employee may also file a compliant by calling the Local Wage and Hour Division or visiting their office. Employers do not have the right to fire or lay off employee for filing a compliant or filing a legal case for overtime pay violations. If the courts find that employer has done this they can suffer criminal and civil consequences. In both circumstances, employees can also sue for additional damages, plus reimbursement for court costs and attorney's fees (Department of Labor 2004). A employer does not have the right to adjust the overtime laws. Employer can not by law have a no overtime pay policy to avoid paying overtime or make employee sign contracts for no overtime pay. Employer are required by law to pay overtime pay.


1. Duty of Care. (2011). Retrieved August 8, 2011, from 2. 2.. Employee Rights. (2004). Retrieved August 8, 2011, from 3. 4. Overtime Laws. (2011). Retrieved August 8, 2011, from 5. Meeks, R. (2010). Retrieved August 8, 2011, from 6. Scope of employment. (2010). Retrieved August 8, 2011, from 7. What is Scope of employment. (2008). Retrieved August 8, 2011, from…...

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