Explain whether Jake’s actions are in or out of“his scope of employment.”
Since the scope of employment includes an action of individual performed in the ordinary course of the job, such act is considered as part of the employee’s job that is committed while he or she is performing services for the company. According the video Jake is the service manager and provides a basic inspection of the cars with the oil change. However, the promotion needs a free oil change thus the inspection is within the scope of Jake’s employment (Segal, 1994). In addition, Herman does not want Jake to do inspection but if Jake is professionally certified and able to serve he must show duty of care and duty of sincerity to the business and its customers. With professional certification Jake stands as good at his work and he is competent to perform as mechanic. After inspection Jake can easily detect wrong thing and can increase the business productivity. A dissertation writing service provider can help students solve the issues related to employer duty of care and issues of compensation.
Explain whether or not Herman is responsible for Jake’s injury
Apparently Herman is responsible for Jake’s injury because Jake was working for Herman and he got injured while he was working. As far as the injury of Jake is concerned it will also fall under the worker’s compensation program and Worker’s Compensation program provides a form of insurance that means to compensate medical care for employees who are injured while working. However, under the Workers Compensation (2011), the employee in exchange surrenders the right to sue the employer for the tort of negligence. Since the Worker’s Compensation Program is national program but the implementation of law varies from one state to another state. If the injury of Jake is severe and his scope of employment provides him with Worker’s Compensation Herman is responsible for providing him compensation.
Explain whether or not Jake should be paid the overtime
Under the Federal Fair Labor Standards Act (FLSA) of 1938, an employee who agrees to work more than forty hours per week he should be paid half times his regular pay for all hours worked over forty hours. If Jake is a non-management employee the overtime pay requirements falls within the Federal Fair Labor Standards Act (FLSA) of 1938 as mentioned above. There are four employees, whose duties comply with irregular working hours, who are also employed to a bona fide individual contract and whose contracts give a weekly pay guarantee for sixty hours. In the case of Jake, he is a service manager who is not entitled to have paid for his overtime. In addition, Jake is part of Rally management team therefore he would definitely be on salary based employment. Since overtime employment requires for hourly employees, a salaried employee can also be eligible for the overtime pay unless he falls under the following criteria (Employment Law, 2010): Executives/Managers, Administrators, Professionals, and Computer Professionals and Outside and Commissioned Salespersons. For Jake to be paid overtime he must make less than $455 per week and none of the criteria applied for him. An essay writing service can help the student understand the phenomena of dispute between Jake and Herman.
Explain the rights Jake and Herman have individually in this scenario
In the scenario both Herman and Jake possess individual rights as employer and employee. Being an employer Herman has rights to have duty of care to business and for this he should provide quality service to promote the business and the free oil change promotion was helpful in bringing more customers for the business. As an employee Jake has right to expect overtime for the employees to get the job done. Moreover, Jake also possesses the right to file for Worker’s Compensation because he was injured while working. Jake also has right to obligate the standards of certified mechanics to provide quality services for cars. Jake is also salaried manager therefore he does not request to have paid for overtime thus Jake has no right to claim for overtime. However, Jake cannot have overtime-pay being a manger he can have other incentives on the basis of his performance but he is not eligible for the overtime-pay. However, both Jake and Herman believed that they were right at their own positions, but Jake cannot be paid for his overtime. In addition, he can file worker’s compensation for his injury if he is diagnosed with severe injury. However, the promotion was an effective way to attract the most customers that it could have been managed differently. The way it is managed put a strain on the service department and there could be a lot of unsatisfied customers. However, some sort of discussion between managers can be helpful to assess the need of making promotion a success. During meeting, Jake can have expressed his reservations and this situation can be handled before the free oil change promotion would have started. Moreover, Jake should have discussed what his duties would include, along with his benefits before he was promoted to manager. If the communication channel between Jake and Herman had been open there would not be any issue alleviated between employers and employees.