Employer’s Duty of Care

Topics: Employment, Law, Fair Labor Standards Act Pages: 7 (2498 words) Published: December 23, 2012
Employer’s Duty of Care

Jerry Sutherland

Dr. Smith



Explain whether Jake’s actions are in or out of “his scope of employment.”?
Jake actions are in the scope of his employment, he has been promoted to the service manager position. If the other service techs are busy or can not keep up he is qualified to jump in and help out. The only question of his position I have is how many employees Jake has below him. If he has no employees or help does he really have a title for any thing other than getting beat out of overtime? Explain whether or not Herman is responsible for Jake’s injury. Herman is responsible, or the company is anyways. And here is why “Employers are required by law to maintain a safe workplace. Understandably, safety measures differ from place to place - in any case, a reasonable effort must be made to prevent workplace injury due to faulty equipment. If you are an employer, you must protect your workers (as well as your business) by ensuring everything is in working order. If you are an employee, and you spot faulty equipment, take it out of service before a problem happens, and notify your employer. By doing so, you protect yourself from injury, and you place the employer on notice so that he or she knows that action needs to be taken. Employers of all kinds need to have a plan in place for maintaining worker safety and preventing accidents that might happen if equipment malfunctions. Remember, preventing an accident can represent a financial investment. Paying now can prevent costly problems later! Plans for preventing injury due to malfunctioning equipment don't have to be elaborate, but they do need to be comprehensive, and specific tasks need to be delegated to employees who utilize or maintain the equipment. While it would be ridiculous to ask an employer to personally inspect and maintain every piece of equipment, it is not too much to ask, to have protocols in place for inspection, maintenance, and replacement on a regular basis. Employers need to take inventory of every piece of equipment in the workplace. Every computer and office chair, every printer, every nut and bolt of every piece of machinery, and every single thing conceivable, needs to be on a regular inspection and maintenance schedule. Cars and trucks used for work purposes, by employees or executives; need to be properly maintained according to manufacturer and governmental specifications. In addition, every employee at every level should be made aware that reporting a safety issue with a piece of equipment is an absolute necessity. Managers and supervisors must be held accountable for ensuring inspections and maintenance take place regularly, and anything that shows signs of wear should be taken out of service and replaced immediately. These precautions can prevent employee injury due to faulty equipment. If you are an employee who has been injured by faulty equipment, be sure to protect your rights by contacting a solicitor. Employers are responsible for maintaining a safe work environment” ( Adams-Wright, 2011) Explain whether or not Jake should be paid the overtime.

It could be argued that if Jake had no subordinates underneath him, then the title is just a way for the company to beat him out of overtime. However if he does have subordinates he is considered exempt and does not have to be paid over time. Here is a little bit about exempt employees, “Exempt employees are employees who, because of their positional duties and responsibilities and level of decision making authority, are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).Exempt employees are expected, by most organizations, to work whatever hours are necessary to accomplish the goals and deliverables of their exempt position. Thus, exempt employees have more flexibility in their schedules to come and go more necessary to accomplish work than non-exempt or hourly employees. Exempt...
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