Law, Ethics, and Corporate Governance

Employer’s Duty of Care

Law, Ethics, and Corporate Governance

LEG 500

Explain whether Jake’s actions are in or out of “his scope of employment.”

In the video “Employer’s Duty of Care”, the car lot Rally Motors was having a promotion that gave people free oil changes. Jake who is the company’s mechanic is going slowly; therefore customers are backed up in a line for their oil change. When confronted by Herman the owner about the long line of customers, he told his boss that he likes to take his time, by inspecting all general aspects of a car to see if it is safe to go on the road by law, but Herman doesn’t like that idea. Jake was not out of his scope by telling his boss this because it is the law. Jake could lose his certifications by going against what he was taught.

Explain whether or not Herman is responsible for Jake’s injury.

Herman is not responsible for Jakes injury because injury’s happen all the time. The only thing is that it may have been prevented if he didn’t have to work overtime without getting paid. Doing hard labor like a car mechanic takes patience and concentration. Having Jake work long hours can make anybody fatigue or hungry. As a result people tend to make more mistakes in these conditions.

Explain whether or not Jake should be paid the overtime.

For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. Some states have overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay). Extra pay for working weekends or nights is a matter of agreement between the employer and...