Employer's Duty Of Care

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| Employer’s Duty of Care | And Issues of Compensation | | Tohcia J. Taylor | 2/19/2012 | LEG500 Law, Ethics and Corporate Governance Professor Lisa Armonda, J.D. | “Employer’s Duty of Care and Issues of Compensation” presents a number of workplace issues for consideration, including scope of employment, workplace safety, workplace injuries, workers’ compensation rights, employee compensation, and employee misconduct. Addressing the specific questions regarding the video segment, scope of employment must be evaluated and defined, so that Jake’s actions can be determined as in or out of “his scope of employment.” Understanding management’s role in creating and maintaining a safe workplace environment is necessary to determine if Herman is responsible for Jake’s injuries. Whether or not Jake should be paid overtime is examined after first considering if Jake is a salaried employee. There was obvious tension as Jake made thinly veiled references to fatigue that he attributes to working long hours daily because of a service promotion being offered by the dealership, and the injury to his thumb which he attributes to the occupational fatigue. Explain whether Jake’s actions are in or out of “his scope of employment.” In the video segment, “Employer’s Duty of Care and Issues of Compensation”, Jake’s actions as service manager at Rally Motors were within his scope of employment. Jake was working in the service area during his scheduled hours. His actions included providing the oil change service in accordance with the dealership promotion and performing basic auto service and inspection services as required of a certified auto mechanic. Rally Motors employed Jake specifically to perform auto service and repair. When asked what happened to his thumb, Jake responded, “I tried to tighten my thumb with a
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