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Assignment 1

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Submitted By agt123
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Ashley Tevis
Assignment 3
August 7, 2011
Professor MacBeth

Explain whether Jake’s actions are in or out of “his scope of employment.” I think employers are responsible for all of their employees time worked, no employee should work more than a certain amount of overtime, due to the fact they will become fatigued. Working over an employee’s normal work schedule could result in accidents and health risks. Though Jake just got a promotion, I feel as though he should still get paid overtime, because he is putting in extra time which is making him become careless. If a company is going to run a promotion where they are giving away something free or a free service to the public, I feel that the company should make sure they are fully staffed, and prepared for a huge turnout. Jake should not be the only one having to change the oil in the cars. I do believe that Jake might be going a little beyond his duty of just an oil change by making sure the tires, and other fluids in the car are up to par. Though he feels being a certified mechanic that this is his duty, and I agree, but I also think that the promotion the dealership is just an oil change. All the other things Jake is doing goes along the lines of a tune-up. With the long wait time to get an oil change, some customers could get irritated and leave, giving the company a bad review. The dealership needs to be able to service all the customers that walk through the door in a timely manner, so that there will not be a line.
Explain whether or not Herman is responsible for Jake’s injury.
I have mixed feelings on whether or not Herman is responsible for Jake’s injuries. Part of me thinks that he is because he shouldn’t be working him all the extra hours that he is. Herman, knowing that he was having a big promotion should have been well staffed, so that Jake would have extra help in the service department. On the other hand, I think that Jake should have stepped up to the plate and asked for help if he was being overwhelmed or thought he needed extra help, especially since Jake wanted to give each car a thorough inspection. Now that Jake did hurt his finger, he is holding worker’s compensation over Herman’s head. It never really showed how bad his finger was really injured in the video, I think if it was a deep cut and needed medical attention then Jake should file for worker’s compensation, this way he would be paid for the time that he was out of work. Every state has worker’s compensation to help employers handle claims that employees had made from being injured on the job. I think worker’s compensation is a very good thing for all companies to buy into, to protect them for if something very serious happened to one of their employee’s. As seen in the video, both Herman and Jake are trying to hold something over top each other’s head. Jake is saying that he will file for worker’s compensation and Herman is holding Jake’s job and pay over his head. I don’t think either one of these are a professional way to handle situations, especially when there are over 20 customers outside waiting to be serviced. Going forward, maybe Herman will learn how to service cars as well, so that when they have another promotion within the business they will not encounter a situation like this. Personally, I think that Herman should know how to do every aspect within his company, he should know every department and how it operates. I think that goes for any business owner.
Explain whether or not Jake should be paid the overtime. I definitely agree that Jake should be paid overtime, especially if Jake is an hourly employee. According to the U.S. Department of Labor, “an employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work”. The only way I would disagree with this is if Jake is on the actual management team and is paid a salary wage. Being paid salary you know when you take the position that there may be some times where you will not work the full 40 hours and there will be times that you will have to go above and beyond and work more than 40 hours a week without getting paid.
Explain the rights Jake and Herman have individually in this scenario.
I think as stated above I have explained all the rights that Jake and Herman have in this particular situation. I think that everyone is entitled to their own opinion, and when you are dealing with a situation in the workplace there will always be some disagreement. Jake as an employee, has his rights to file for worker’s compensation, talk to Herman about the long hours, and a pay raise for working extra hours and being promoted. In this particular situation, I don’t think there are many ways Herman can go about the situation. If Jake wants to file for worker’s compensation by law he is allowed to. Herman was holding Jake’s job and pay over his head and threatening that he would start changing the oils in the car. To me, Herman is being unethical; he needs to give Jake a break. Herman is lucky that Jake just cut his finger a little bit; the accident could have been much worse if Jake had messed up something that has to do with the cars and affected a customer.

Works Cited
U.S. Department of Labor. July 22, 2002. Wages/Overtime Pay. United Sates Department of Labor. Retrieved August 6, 2011, from http://www.dol.gov/dol/topic/wages/overtimepay.htm

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