...Employer's Duty of Care and Issues of Compensation August 9, 2010 Law, Ethics, and Corporate Governance LEG-500 Abstract For the purposes of this assignment we independently viewed a video entitled “Employer's Duty of Care and Issues of Compensation.” In the video, the car dealership is running a special promotion offering free oil changes in order to get existing customers back into the showroom. An employee notices a backlog of customers waiting in line for their oil changes and notifies the owner of the dealership, Herman. Herman calls his newly promoted service manage, Jake, to explain the backlog. Jake emerges from the service bay holding his bloody thumb in a rag. He explains as certified auto mechanic, he is doing a thorough job on each car en though he is working overtime without overtime pay. The manager tells him to do a quick, “lousy” job of the oil changes just to get them done. He doesn't care about Jake's mechanics standards. Jake retaliates by complaining he's hurt his thumb due to his long hours and threatens a worker’s compensation claim if he isn't compensated fairly for his work. The video give rise to a number of ethical questions. The purpose of this paper is to address these questions as detailed in the assignment using readings on employee and consumer privacy law, as well as business ethics and corporate policy. Answers to Assignment #3 Questions The questions (in bold type face) follow as detailed in our assignment. 1. Explain...
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...EMPLOYER'S DUTY OF CARE KATHRYN J. STAPLES DR. BONEITA CAMPBELL LAW, ETHICS, AND CORPORATE GOVERNANCE 7 AUGUST 2011 EMPLOYER'S DUTY OF CARE In the video, the employer's duty of care is called into question. But to analyze the video, employer's duty of care must first be defined. "An employer has a duty to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer's business. An employer must carry out the general statutory duty of care by proceeding, in a systematic way, to: identify hazards; identify, and assess the seriousness of, risks resulting from the hazards; and determine appropriate risk management measures." (Legislation, 2008) With this is mind, does Herman have an employer’s duty of care in regards to Jake's injury and his overtime? Explain whether Jake’s actions are in or out of “his scope of employment.” Jake's actions are within his scope of employment. Jake was hired and promoted as a certified automobile mechanic and even though Herman directs him to just change the oil, Jake owes it to his certifications to do the best possible job since he has standards to comply with based on certification requirements. These standards includes checking the brakes, tires and transmission. He is doing a thorough job and making sure the vehicle is safe to drive. By being so thorough, Jake is meeting the expectation of standards from a certified automobile mechanic...
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...The topic that the writer will discuss in this paper is employer’s duty of care. The video that is attached to this assignment touched on the topic of employer’s duty of care and issues of compensation. Throughout this assignment the writer will convey to the audience the pros and cons of both men in the video, as well as go into detail on the topic of employer’s duty of care. 1. Explain whether Jake’s actions are in or out of “his scope of employment.” Jake's actions are out of his scope of employment. The reason being is because he is taking his time in completing the free oil changes. Based upon the writer’s observations it seemed as if Jake used the free oil changes as a means to get Herman's attention. Jake felt that he should be paid overtime regardless of the fact that he was a full time salary employee. Jake’s certification would have been jeopardized if he did not do the oil change properly. Jake stated that as a certified mechanic he has a “duty” to provide exceptional service and to ensure that each car is maintenance properly. 2. Explain whether or not Herman is responsible for Jake’s injury. Based upon the writer’s observation it’s safe to say that both parties are responsible for Jake’s injury. The reason the writer feels this is because Herman as a manager came up with the promotion to have free oil changes. Herman placed a high demand on his service team, and by doing so, he also took for granted the impact it would have on his personnel. Jake worked...
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...1 Assignment #3-Employer’s Duty of Care Andrea Williams-Weston Strayer University LEG500-Business Law, Ethics & Legal Governance Dr. Boneita Campbell, Professor May 15, 2011 2 1. Explain whether Jake’s actions are in or out of “his scope of employment.” “Scope of employment is defined as actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of respondent superior (make the master answer),” (LAW.COM, 2011). In this video, Jake is the service manager of the Rally Management Team. The company currently is advertising a special for free oil change. Jake is providing his customers with a basic inspection as well as the free oil change. Herman (employer) does not require Jake (employee) to do these inspections; however, Jake is a certified mechanic and must provide a duty of loyalty and care to his customers and to the business. In addition, once Jake has inspected these cars, he may find issues that may bring revenue to the business. 2. Explain whether or not Herman is responsible for Jake’s injury. Yes, Herman is responsible for Jake’s injury. “With the adoption of the Occupational Safety...
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...to reproduce any copyrighted material contained herein. This material may be contained in an alternative Format (Large Print, Braille, or Diskette), upon request by calling: (202) 693-0675. Toll-free help line: 1-866-487-9243 (1-866-4-USWAGE) TTY TDD* phone: 1-877-889-5627 *Telecommunications Device for the Deaf. Internet: www.wagehour.dol.gov PART 785—HOURS WORKED Sleeping Time and Certain Other Activities § 785.20 General. § 785.21 Less than 24-hour duty. § 785.22 Duty of 24 hours or more. § 785.23 Employees residing on employer’s premises or working at home. Section Contents Subpart A—General Considerations § 785.1 Introductory statement. § 785.2 Decisions on interpretations; use of interpretations. § 785.3 Period of effectiveness of interpretations. § 785.4 Application to Walsh-Healey Public Contracts Act. Preparatory and Concluding Activities § 785.24 Principles noted in Portal-to-Portal Bulletin. § 785.25 I llustrative U.S. Supreme Court decisions. § 785.26 Section 3(o) of the Fair Labor Standards Act. Subpart B—Principles for Determination of Hours Worked Lectures, Meetings and Training Programs § 785.27 General. § 785.28 Involuntary attendance. § 785.29 Training directly related to employee’s job. § 785.30 Independent training. § 785.31 Special situations. § 785.32 Apprenticeship training. § 785.5 General requirements of sections 6 and 7 of the Fair Labor Standards Act. § 785.6...
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...Assignment 3-Employer’s Duty of Care 1. Explain whether Jake’s actions are in or out of “his scope of employment.” In the video Jake is a master mechanic that fixes cars and does oil changes at a dealership. The dealership is offering a free oil changes as a special promotion to get customers at the dealership. Ever since the special promotion started Jack has been putting in a lot of hours and working overtime to productively get cars in and out in a timely manner. Jake hurt his hand while on the job doing oil changes. Jake actions are in his scope of employment because he was hurt while doing his job. Jake scope of employment is in line with what Jake’s duties are. The website Layers.com defines scope of employment as “The range of conduct and activity within which an employee can reasonably be considered to be carrying out the business of his or her employer.” Jake is carrying out the business of his employer by working on cars doing an oil change which causes him to work long hours and work overtime hours. Since Jake is working within the scope of employment; since Jake hurt his hand while on the job he would be entitled to workers composition and getting paid for working overtime. 2. Explain whether or not Herman is responsible for Jake’s injury. Herman is the boss/owner of a car dealership and is running a special promotion for oil changes. Herman’s employee hurt his hand while working on a car doing an oil change. The employee hurt his hand while working within...
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...In this assignment, the referencing system used is the Harvard Referencing System. The whole report is segmented into three sections and is addressed in order of the suggested format. Section 1 In the first section, the legal issue that can be raised is whether Roxanne can be recognised as an employee at common law. At this day and age, determining the distinction at common law between an employee and a self employed independent contractor can be an issue. In the context of Australia, I have decided to use the multi-factor test because it branches across a number of aspects covered in the other tests by considering a wider range of factors such as a case by case approach (Van der Waarden 2010). One of the relevant factors that contribute to distinguishing between an employee and an independent contractor is the mode of remuneration showed by the employers of the company towards the worker as seen in the case of Building Workers Industrial Union of Australia v Odco Pty Ltd (Trouble Shooters case) 37 IR 380. If the person is an employee, the employer is required to deduct income tax from salary and wages and that normally there is no obligation to deduct income taxation from payments to independent contractors (Sappideen et al 2009). Apart from these, factors that help distinguish an employee from an independent contractor are if the place and hours of work are at the discretion of the worker, if there is a deduction in income tax from the earnings of the worker, if the worker...
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...[pic] BTEC Level 5 HND in Business Module Handbook Unit 5: Aspects of Contract and Negligence for Business Unit code: Y/601/0563 QCF level: 4 Credit value: 15 credits Module Tutor: Anila Mushtaq Contact Details: anila.mushtaq@yahoo.co.uk Preferred style of contact: In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive a satisfactory response then e-mail me with your query for an appointment. Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of...
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... | |Case Study | | | | |Q & A | | |2 |Intention to Create Legal Relations; Consideration |Lecture | | | | |Case Study | | | | |Q & A | | |3 |Capacity; Privity of Contract...
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...SUNDERLAND UNIVERSITY In conjunction with South Tyneside College Foundation Degree in Health and Safety Management Health and Safety Legislation and Responsibilities –FDA227 Assignment Legislation and Responsibilities This assignment is submitted in part fulfilment of the requirements for the SUNDERLAND UNIVERSITY Foundation Degree in Health and Safety Management 2010-2011 Introduction The following report aims to explain manual handling issues whilst at the author’s place of work. The author is using fictions to support the assignment rather than real life incidents, as the author’s workplace did not give out such materials in time for the said author to complete the assignment. The main aims are to discuss the employer/employee responsibilities regarding manual handling and the civil and criminal liabilities involved. Give the reader an understanding of what the relevant legislation breach is surrounding manual handling and its interpretation and application, to try to provide a critical analysis of the effectiveness of the legislative provision in manual handling operations. The objectives are that the reader gains full understanding of the aims set out by the author. A general overview of a toy-manufacturing warehouse from the picking/packing point of view regarding manual handling: One of the roles inside a toy warehouse involves picking up toys from a shelf, and placing them onto a trolley for ordering customers, then transporting them to the packing...
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...The control test was therefore less effective and even when a ‘right to control’ was substituted for actual control it was not possible to draw the correct distinctions with only one test. The courts developed other tests; 2. THE INTERGRATION TEST Under this test also called the ‘organization test’ if the person doing the work and the work he does is an integral part of the business, rather than an accessory to it, then the person will be an employee. This test is useful in the case of professional employees, such as doctors who may be an integral part of the business without being under the direct control of their employer. The organization or integral test could not be used to answer all the questions arising, more tests were evolved; 3. THE MULTIPLE TEST Under this test all relevant factors have to be taken into account to determine whether a person is an employee or not. The following factors would indicate a contract of...
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...Week 3 Homework Assignment for Chapters 9, 10 and 11 Chapter 9 Hardage v. CBS 1. What were the legal issues in this case? What did the court decide? In the summer of 1998, Hardage began working as an advertising account executive for KSTW-TV, a television station owned by Viacom Television Stations, Inc. and managed by CBS Broadcasting Inc. He was promoted to Local Sales Manager in February of 2000, and in this position, he worked with another Local Sales Manager, Nadene Stauffer, to manage and supervise the account executives. Patty Dean, the General Sales Manager, who was in turn supervised by defendant Sparks, the station’s General Manager, supervised both Hardage and Stauffer. Until about a month before Hardage resigned in August of 2001, he worked in the Seattle sales office whereas Sparks worked in the management office in Tacoma. Hardage contends he was sexually harassed by Sparks on several occasions and subjected to retaliation after he rejected her advances. He alleges that during Sparks' visits to the Seattle office, she repeatedly flirted with him and made inappropriate comments-such as “[y]ou need somebody that's older and more stable that can take care of you.” Leo Elbert, another employee at KSTW, stated that Sparks would “camp out” in Hardage's office, kick back in his chair with her feet on his desk, and smile and giggle in a flirtatious manner. Hardage asserts that he never flirted...
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...Assignment 2, Family Related Issues Instructor Theresa Dike Law, Ethics, and Corporate Governance – LEG500 May 1, 2011 1. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The way that the Family and Medical Leave Act (FMLA) is written, it does not specify whether or not a biological parent participated in the upbringing of the child or not. The definition of a parent is broad for the purpose of FMLA use. A parent is defined as a biological parent, adoptive parent, step parent, foster parent or an individual who assumed duties as your parent. An individual that assumes duties as your parent is called “loco parentis”. If an employee is trying to take leave for his or her loco parentis they may be required to provide documentation of the relationship. In this case Tony has asked to take leave to move his father from the nursing home to his apartment. According to FMLA the parent must be qualified as having a “serious illness” In my opinion moving his parent of the nursing home isn’t a qualifying event according to FMLA standards. Regardless, the answer to the question is, no it doesn’t matter if the biological parent had anything to do with the biological child for the child to take advantage of FMLA. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the...
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...| 2013 | | | Assignment Cover Sheet Qualification | Unit Number and Title | Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits | Student Name | Assessor Name | Mukaram Khan Swati | Salman Haider | Date Issued | Completion Date | Submitted On | Validity | 7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 | Assignment Title | Contract and Negligence | Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 | Hand In Policy You must complete this assignment on time. If u experience difficulties, you must inform your tutor accordingly. Late Work Policy Consideration will be given to students who have valid reasons for late submission (eg, Illness) Plagiarism In case of plagiarism, college regulations will be applied. You must declare that this assessment is your own work by signing the following statement: Learner Declaration | I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student Signature: Date: | Table of Contents Acknowledgement 6 Research Method 7 Aims and Objectives 8 Literature Review 9 Abbreviation List 10 Introduction 11 Task 1 12 Essential Elements of a Contract 12 1. Offer and Acceptance 12 2. Lawful Consideration 12 3. Intention to Create Legal Relationship...
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...Torts assignment Completed Assignment S00095482 Word Count: 1,894 I have been asked to advise James, Stephanie, David and Vaughan on any rights and liabilities they may have arising from the relevant facts, considering also any relevant defences which could be argued and giving full legal reasons from the relevant facts. Such advice as will be given is made in consideration of the legal principles set out below. Vicarious Liability This concerns an employer’s liability for the tortuous acts and omissions of employees. [1] An employer is vicariously liable for wrongful acts done by the employee in the “scope of their employment”[1] [2] If a wrongful act of an employee has been authorised by the employer, the employer will be liable [3] An employer is liable even for unauthorised acts, if they are so connected with authorised acts that they may be regarded as modes of doing them. The test is whether the wrongful act may be considered a mode of performance, or whether it is so removed from an authorised act that it may be deemed independent. Duty of Care The general principle is that “a person is not liable for damage to another through his or her negligence unless a duty of care is owed” [2] [4] “The law concerns itself with carelessness only where there is a legal duty to take care. A person owes a duty to take reasonable care to avoid acts or omissions which he or she should have reasonably foreseen would be likely to injure his...
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