Electronic Bait

The topic that the writer will discuss in this paper is employer’s duty of care. The video that is attached to this assignment touched on the topic of employer’s duty of care and issues of compensation. Throughout this assignment the writer will convey to the audience the pros and cons of both men in the video, as well as go into detail on the topic of employer’s duty of care.

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

Jake's actions are out of his scope of employment. The reason being is because he is taking his time in completing the free oil changes. Based upon the writer’s observations it seemed as if Jake used the free oil changes as a means to get Herman's attention. Jake felt that he should be paid overtime regardless of the fact that he was a full time salary employee. Jake’s certification would have been jeopardized if he did not do the oil change properly. Jake stated that as a certified mechanic he has a “duty” to provide exceptional service and to ensure that each car is maintenance properly.

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

Based upon the writer’s observation it’s safe to say that both parties are responsible for Jake’s injury. The reason the writer feels this is because Herman as a manager came up with the promotion to have free oil changes. Herman placed a high demand on his service team, and by doing so, he also took for granted the impact it would have on his personnel. Jake worked long hours and barely rested, this was a contributing factor to the injury that took place Jake also holds a certain level of accountability because he underestimated the workload, and lacked focus due to him attempting to bribe Herman. Both men are to blame for this incident.

3. Explain whether or not Jake should be paid overtime.

Jake should be paid overtime. Jake should be paid overtime because if the hours he worked are over 40 hours for the workweek then the FSLA entitles him to...