Employers Duty of Care Essay Example | Topics and Well Written Essays - 1000 words

Employers Duty of Care - Essay Example However, Jake could seek the car owners’ permission to provide the basic checking services for extra charge that would provide revenue for the shop and would not necessarily cause unnecessary work slowdown for those car owners who opted not to avail of these extra services. In so doing, Jake would still be complying with the duties expected from his scope of employment and still adhere to the priorities set by Herman, his manager.2. Explain whether or not Herman is responsible for Jake’s injury.  As employer, Herman is responsible for Jake’s injury primarily since the injury was sustained while doing the responsibilities expected of him in the service department. According to U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), â€Å"employers are responsible for providing a safe and healthful workplace† (OSHA Law and Regulations, n.d., p. 1). The injuries sustained by Jake form part of OSHA’s regulations that co ver autobody repair and refinishing where injuries that were identified include â€Å"being struck by an object, struck against an object, and caught in an object, equipment, or material† (Smith, 2007). In this regard, it is within the responsibility of Herman, as employer, to ensure that the workplace is safe and that employees, including Jake, are accorded with the appropriate medical attention for injuries sustained within the work setting and in complying with his identified responsibilities.... According to U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), â€Å"employers are responsible for providing a safe and healthful workplace† (OSHA Law and Regulations, n.d., p. 1). The injuries sustained by Jake form part of OSHA’s regulations that cover autobody repair and refinishing where injuries that were identified include â€Å"being struck by an object, struck against an object, and caught in an object, equipment, or material† (Smith, 2007). In this regard, it is within the responsibility of Herman, as employer, to ensure that the workplace is safe and that employees, including Jake, are accorded with the appropriate medical attention for injuries sustained within the work setting and in complying with his identified responsibilities. Herman should duly comply with OSHA reportorial requirements, as needed. 3. Explain whether or not Jake should be paid the overtime. The payment of overtime is governed by the Fair Labor Standards Act (FLSA) issued by the U.S. Dept. of Labor. The law specified that â€Å"it requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay† (U.S. Department of Labor, n.d., par. 1). Jake’s responsibilities, despite the noted promotion to service manager, remained the same as a service personnel. In this regard, he should be paid the overtime. As disclosed in the law for exemptions in the availment of overtime pay, â€Å"to qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do