Employers Duty of Care

Employers Duty of Care By: Professor: Law, Ethics, and Corporate Governance LEG 500 02/10/202

Employers Duty of Care

Explain whether Jakes actions are in or out of his scope of employment. Jakes actions are irresponsible when he mentions blackmailing Herman. To blackmail someone is illegal, it is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met (Wikipedia, 2012). Jake exposing information about what Herman was doing is not a crime but threatening him with blackmail and holding it over Hermans head is a crime. This crime is a felony and could include imprisonment, heavy fines, and/or probation (LaMance, 2008). This action is not in his scope of employment, but if he is injured than he can leave his job site to seek medical attention. For a manager if there are overtime hours it shouldnt matter because there are no overtime hours in management. Explain whether or not Herman is responsible for Jakes injury. Herman is not responsible for Jakes injury because Jake is responsible to his own self. When Jake hurt himself, due to his own carelessness, he should have gone to the doctors office if he felt it was serious enough. Instead Jake sat around with Herman trying to blackmail him into getting more money out of him. Jake agreed to his new promotion to management and if he is unable to handle his new responsibilities and is unable to perform his duties as a manager, than he should not have taken the position. If Jake couldnt handle the extra hours he should have informed Herman, so Herman could have hired additional employees to assist Jake. In todays world employers have rarely been held criminally responsible for even the most egregious workplace injuries or death (Halbert & Ingulii, 2009. P170). In all jobs there are times when it could be a slow week and times when you have to put in extra hours because of a sale or end of the month inventory count. This also depends on what the status is with the Department of
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Employers Duty of Care

Labor and where your position falls under, such as, being exempt and nonexempt. These are all examples of the scope a manager position is agrees upon. If Jakes injury at work is serious he should have gone to the doctors than if he missed any days of work he would be able to claim workers compensation for the lost days.

The Kentucky Workers' Compensation Program is designed to compensate employees for loss of earning power due to work-related injuries or illness arising out of, and in the course of their employment. Workers' Compensation provides state government employees many benefits, in the event of an on-the-job injury, including medical costs and disability benefits. Effective October 1, 2005, the program utilizes a managed care program to provide covered medical benefits (Kentucky Personnel Cabinet, 2012).

Explain whether or not Jake should be paid the overtime. In order for Jake to be exempt from overtime there are several factors that the employer has to consider. He has to be paid on a weekly basis (of at least $250) and meet the primary-duty test of one or more of the following exemptions:

1. Executive. At least 50% of the time is spent managing the enterprise or a department of the enterprise in which he or she is employed. Customarily and regularly directs the work of two or more employees. 2. Professional. Performance of work requires advanced knowledge acquired by a prolonged course, or primarily performs original and creative work in a recognized field or artistic endeavor or is a teacher. Consistently exercises discretion and judgment.

Employers Duty of Care

3. Administrative. Primarily performs office or non-manual work directly related to management policies or general business operations. Customarily and regularly exercises discretion and independent judgment. 4. Outside salesperson. An employee who sells goods or services offsite. No more than 20% of their time is spent in non-selling hours (United States Department of Labor, 2004).

If Jake meets any of the requirements, than he would not be able to get overtime per the Department of Labor.

Explain the rights Jake and Herman have individually in this scenario. Herman can dismiss Jake on the grounds he tried to blackmail him. Regardless of whether it was in jest or not, an employee is not legally able to hold something over their employer. Herman promoted Jake to a manager position where Jake now enjoys the benefit of the same salary and benefits. Upon injury workers compensation form should have been filled out and reported to the employer, regardless if the claim would be met.

The First Report of Injury (IA-1) must be submitted by the supervisor (or designee) immediately after notification of injury. The First Report of Injury must be completed "within three (3) working days" per KRS 342.038, after the injury to meet the requirement of making the first payment to the employee. This requirement cannot be met if the injury report is not received promptly. Failure to comply with this statute can result in a fine being levied of up to $1000.00 for each occurrence (Kentucky Personnel Cabinet, 2012).

Employers Duty of Care

Jake can tell Herman he needs to leave and go see the doctor because of his injury and receive workers compensation for any time he misses.

Employers Duty of Care

REFERENCES

Halbert, T., & Ingulli, E. (2009). Law & ethics in the business environment: 2010 custom edition (6th Ed.). Mason, OH: South-Western Cengage Learning. LaMance, Ken (2008). Blackmail lawyers. Legal Match, Retrieved from http://www.legalmatch.com/law-library/article/blackmail.html. Kentucky Personnel Cabinet (2012). Workers' compensation program, Commonwealth of Kentucky. Retrieved from, http://personnel.ky.gov/ United States Department of Labor (2004). Employment Law Guide. Wages and Hours Worked: Minimum Wage and Overtime Pay. Retrieved from http://www.dol.gov/compliance/guide/minwage.htm. Wikipedia, the Free Encyclopedia (2012). Blackmail. Retrieved from http://en.wikipedia.org/wiki/Blackmail