Employers Duty of Care - Essay Example

1. Explain whether Jake’s actions are in or out of “his scope of employment.” First and foremost, Jake was clearly identified as the service manager. As service manager, therefore, the scope of responsibilities include governing the functions of the department including planning, directing, organizing and controlling service activities that need to be attended to. The video did not disclose any information on the number of service personnel under his jurisdiction. One could simply assume that he was alone attending to all the service requirements of all the cars that were offered for free change oil service because when he opted to have his injured thumb checked, it was Herman, the manager and employer of the shop, that volunteered to take Jake’s place and do the change oil service himself. In this regard, Jake’s actions are actually within his scope of employment. According to Damewood (2012), the duties and responsibilities of an auto shop service manager is “normally focused on satisfying the customers through correctly determining the problems with their vehicles and repairing them in a timely and cost-effective manner” (par. 3). Although Herman identified that he should just focus on providing the free change oil service, the extra service provided by Jake ensures that the customers would be satisfied with his work. Further, any additional costs needed from checking the basics: the brakes, tires and transmission would be revenue for the shop. Jake could likewise just focus on the free change oil service, as advertised and advised by Herman. However, Jake could seek the car owners’ permission to provide the basic checking services for extra charge that would provide revenue for the shop and would not necessarily cause unnecessary work slowdown for those car owners who opted not to avail of these extra services. In so doing, Jake would still be complying with the duties expected from his scope of employment and still adhere to the priorities set by Herman, his manager. 2. Explain whether or not Herman is responsible for Jake’s injury. As employer, Herman is responsible for Jake’s injury primarily since the injury was sustained while doing the responsibilities expected of him in the service department. According to U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), “employers are responsible for providing a safe and healthful workplace” (OSHA Law and Regulations, n.d., p. 1). The injuries sustained by Jake form part of OSHA’s regulations that cover autobody repair and refinishing where injuries that were identified include “being struck by an object, struck against an object, and caught in an object, equipment, or material” [Occ]. In this regard, it is within the responsibility of Herman, as employer, to ensure that the workplace is safe and that employees, including Jake, are accorded with the appropriate medical attention for injuries sustained within the work setting and in complying with his identified responsibilities. Herman should duly comply with OSHA reportorial requirements, as needed. 3. Explain whether or not Jake should be paid the overtime. The payment of overtime is governed by the Fair Labor Standards Act (FLSA) issued by the U.S. Dept. of Labor. The law specified that “it requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay” (U.S. Department of Labor, n.d., par. 1). Jake’s responsibilities, despite the noted promotion to service manager, remained the same as a service personnel. In this regard, he should be paid the overtime. As disclosed in the law for exemptions in the availment of overtime pay, “to qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations” [USDnd2]. Since no information were provided on the compensation per week, it could be assumed that since Jake’s responsibilities remained the same, despite the promotion, he could not be exempt from the overtime payment regulation. 4. Explain the rights Jake and Herman have individually in this scenario. Jake, as a regular employee who was injured and asking for overtime pay have rights to avail of medical treatment and of being commensurately paid for overtime work, as stipulated in the regulations posed in the OSHA Act and in the U.S. Dept. of Labor’s FLSA. On the other hand, Herman, as employer have rights to demand that the stipulated task focusing on free change oil service only be adhered to; provided that Jake would duly inform the customers of their options to avail of checkup service provided that they pay for them, as needed. Since only the free change oil service was advertised and promoted, Jake could adhere to these tasks and still comply with the standards noted under the responsibilities expected of an auto shop service manager upon duly informing the customer of their preferences and due service payments. By doing so, the delay in workload could be avoided and there would be additional income that could be generated by the shop, should the customers avail of the check-up for brakes, tires, and transmission. Sorting out the tasks to be complied and focused on would depend on clear communications with both Herman and the customers. Likewise, Herman, as employer should adhere to complying with the regulations posed by the U.S. Department of Labor’s FLSA in terms of providing overtime pay to all employees who rendered service beyond the 40 hours in a work week time period. Finally, he must also comply with the requirements posed by the OSHA in ensuring that the workplace is safe and free from hazards and that employees are duly trained, regularly oriented on safety precautions to protect themselves from work related injuries and illnesses. Regular reporting of injuries and other documentary requirements to OSHA for occupational safety must also be complied. References Occ: , (Smith, 2007), USDnd2: , (U.S. Department of Labor, Wage and Hour Division, n.d., p. 1), Read More