Leave Act (FMLA) to care for that parent. No, it does not matter if the parent was in the employee's life as long as it is the employee's parent then they are able to use FMLA. The type of relationship or lack thereof between a child and their biological parent has no bearing on whether an employee is eligible for FMLA. An employee can ask to use FMLA to care for a family member (whether they had nothing to do with them), for their own physical or mental health care and after the birth or
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Employer's Duty of Care and Issues of Compensation 1. Explain whether Jake’s actions are in or out of “his scope of employment Jakes actions are within the scope of his employment as manager servicing. Being a manager, Jake is responsible for the end to end and orderly running of his department, including meeting the outputs expected and he cannot take shelter under ‘being overworked’. He has to plan his departmental functioning in a manner to cause minimum disruptions for meeting the business
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mechanics. In the video while they were having the conversation about the way Jake was performing his job, his thumb was bleeding. Herman seemed not to care about the fact that Jake was injured and just wanted him to continue to perform his job to make the company have more business. Jake became more irate because Herman seemed not to care about the fact that Jake’s thumb was bleeding Jake took it upon himself to decide to go to the doctor because Herman wanted him to keep changing the oil despite
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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
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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
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The first issue is to look at whether June is considered an employee of Westwood or an independent contractor. This can be determined using the five common law tests. Firstly, using control test in Yewens v Noakes (1880), it was held that ‘a servant is a person subject to the command of his master as to the manner in which he shall do his work’. Secondly, the integration/organisation test is an alternative test to determine if an employee is “part and parcel of the organization”. In Stevens v
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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
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businesses being liable for their employees, and it is vital to understand what does and doesn’t fall under these doctrines. Businesses have a duty of care to hire, train, supervise, and retain employees that are responsible and ethical members of society; if an employee commits a criminal act while representing the business, then the employer has breached its duty of care. Employees represent the business they work for, and a business reaps benefits of its employees as far as sales and goodwill are considered
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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
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Employer’s Care of Duty Dwen Guydon Strayer University LEG500: Law, Ethics, and Corporate Governance Prof. Phylanice Nash, J.D. August 4, 2011 1. Explain whether Jake’s actions are in or out of “his scope of employment.” According to the definition given by USLegal.com, scope of employment refers to a person actively involved in an employment task at a particular time, usually an issue when an accident occurs, which is required to make a claim for work-related injury under state Worker's
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