The skillful employer of men

first_imgShare Facebook Twitter Google + LinkedIn Pinterest By Leisa Boley Hellwarth, a dairy farmer and attorney near CelinaAn interesting case arose in California. And I hate to discuss California cases because they occur in California, which is sometimes more like the Twilight Zone than the rest of the US. Moreno v. Visser Ranch, Inc., however, raises some important issues for any farm that has employees.The trouble all began when Passenger Moreno was heading back to work at 11:45 pm in the passenger seat of a pickup truck, driven by his father, when their vehicle was involved in an accident. Following the accident, the son filed a complaint against his father based on the premise that his father was acting within the scope of his employment at the time of the accident because he was driving a company vehicle. The son claimed his father’s employers were vicariously liable under the respondeat superior doctrine, that an employer is responsible for acts of their employees.The employers prevailed at the trial court, winning their motion for summary judgment. The trial court reasoned that the employee was driving home late at night from a family gathering, a “purely personal pursuit” and was therefore not acting within the scope of his employment at the time of the accident. This was an expected outcome.Passenger Moreno appealed, and this is where it gets interesting. The appellate court overruled, holding that although the driver was engaged in personal business, it was not obvious whether he was in engaged in “purely” personal business. In reaching this conclusion, the court considered the following critical factors: the driver was employed by Visser Ranch, which had multiple farms, ranches and a dairy. The employee’s scheduled office hours were 6:00 a.m. to 4:30 p.m., 6 days a week. The employer provided employee with a cell phone and a pickup truck. The employee was required to drive the company-owned vehicle, which contained tools and spare parts. The employer required the employee to be on call 24/7 for repairs and maintenance of equipment. The employee was expected to address maintenance issues immediately. The employee’s duties sometimes included transportation of workers to various employer properties for work. The employee was the lone exception to the employer’s policy that company vehicles were to be used for business purposes only.The appellate court applied the Halliburton test. Under Halliburton, an employee’s conduct is within the scope of their employment if (1) the act performed was required by the employer or (2) incident to the employee’s duties. If neither is met, the conduct is still within the scope of employment if the employee’s misconduct could be reasonable foreseen by the employer. Here, foreseeability refers to employee conduct that “is no so unusual or startling that it would seem unfair to include the loss resulting from it among the costs of the employer’s business.”Since there was evidence the employee’s use of the vehicle at the time of the incident served as a benefit for both himself and his employer, the court concluded there was a factual question for a jury. The case was remanded back to the trial court so that a jury could determine if the employee’s use of the vehicle during non-business hours was a benefit to the employer.The best answer to a scenario like this is a really good insurance policy purchased by the employer that covers situations like the ones just reviewed. That means that the dispute over who pays and who is liable will be litigated by the insurance carrier.“The skillful employer of men will employ the wise man, the brave man, the covetous man, and the stupid man,” according to Sun Tzu, the Chinese general and philosopher. The skillful employer of men will purchase good liability insurance coverage in the event the wise man, the brave man, the covetous man or the stupid man do something foreseeable that causes the employer liability.last_img read more

Art beyond barriers

first_imgAustralia will get a historical perspective of India’s visual art heritage associated with the Ramayana, as the National Museum is lending it 101 miniature paintings on the celebrated epic for an exhibition.The National Gallery of Australia (NGA) in Canberra will next month receive NM’s set of Rama-Katha collection that features varied-style miniature paintings done between the 17th and 19th centuries. Pooled in from India’s northern, central and eastern territories, the grand body of artwork will be on display in the 1967-founded National Gallery of Australia (NGA) for three months from May 22. Also Read – ‘Playing Jojo was emotionally exhausting’Australian Minister for Foreign Affairs Julie Bishop, while announcing this formally here today amid a meeting with India’s Minister of Culture and Tourism Mahesh Sharma, stressed the need for collaborative efforts between nations to promote heritage.“We must be undertaking more such endeavours,” added the minister, who later visited NM and viewed the Rama-Katha series.Sharma noted that the upcoming exhibition strove to re-kindle global interest in Indian miniature paintings, particularly those to the great epics of the country. Also Read – Leslie doing new comedy special with Netflix“While this exhibition will certainly be a treat for Indian audiences in Australia, it will also be a special way of introducing aspects of Indian culture among its citizens, further empowering the strong cultural tie between the two countries,” he noted.NM curator Vijay Kumar Mathur, who has selected the 101 paintings in chronological progression capturing the story of the Ramayana that has caught public imagination for over 2,500 years, said the collection is one of India’s richest artefacts.last_img read more

2 dead in Bhatpara clashes Sec 144 imposed

first_imgKolkata: Two persons were killed in Bhatpara after a major clash took place between two unidentified groups on Thursday morning. Six police personnel have also been reportedly injured in the incident. To control the situation, police had to fire tear gas shells and few rounds of bullet in the air. Internet services have been suspended in three sub-divisions.Authorities have imposed Section 144 in Bhatpara and Jagatdal areas of the North 24-Parganas district following the clashes. Route march has also been carried out in the area. Also Read – Rs 13,000 crore investment to provide 2 lakh jobs: MamataAccording to sources, hours before the inauguration of the new Bhatpara police station, one Ram Babu Shaw was shot dead within a few hundred metres of the building. This triggered violence in the area with crude bombs being hurled by miscreants at the labourer colony near Bhatpara More. During the clash, another youth, identified as Dharambir Shaw, and several others got serious injuries. Later, Dharambir was declared brought dead at the hospital. Also Read – Lightning kills 8, injures 16 in stateImmediately, the police intervened but failed to bring the situation under control. Soon a large contingent of police force, Rapid Action Force (RAF) and combat force arrived in Bhatpara and tried to control the situation. Almost at the same time, Director General of Police (DGP) Virendra was on his way to attend the inauguration programme at the police station. He came to know about the incident and returned to Nabanna, cutting short his journey mid-way. Several police vans were vandalised and were set on fire. After almost one-and-a-half hours of bombing, the police force were able to enter the area and bring the situation under control. Meanwhile, the police started firing tear gas shells to disperse the violent mob. Later, several rounds were fired in the air too. Section 144 CrPC was imposed in Bhatpara and Jagatdal areas to prevent any deterioration of the law and order situation. It is alleged that the two persons died in the crossfire. But locals claimed that bullets were fired by the cops while the miscreants hurled only bombs. According to sources, police alleged that the miscreants also fired bullets aiming the police personnel and people in general. Later in the afternoon, Virendra went to Bhatpara police station after attending an urgent meeting at Nabanna with Chief Secretary Malay De, Home Secretary Alapan Bandyopadhyay, Additional Director General of Police (ADGP) Law and Order Gyanwant Singh and other senior police officials. Following the meeting, Bandyopadhyay informed that ADG South Bengal Sanjay Singh and few other senior police officials have been instructed to go to Bhatpara and supervise the police activity there. “Some anti-social elements are active in Bhatpara and are creating an unstable situation. Police have been advised to take strong action. The state government is monitoring the situation from time-to-time. People of Bhatpara, Jagatdal and the neighbouring areas have been requested not to get provoked by any propaganda,” he said.last_img read more

One App Gave This Gourmet Food Company the Tech Reboot it Needed

first_img Register Now » This story appears in the December 2016 issue of Entrepreneur. Subscribe » 2 min read Free Webinar | Sept 5: Tips and Tools for Making Progress Toward Important Goals Attend this free webinar and learn how you can maximize efficiency while getting the most critical things done right. December 6, 2016 When Janice Whiting purchased Gourmet Dreams in 2004, the meal-delivery and catering business was still using a manual credit card swiper and a fax machine. And crazily enough — considering the business is located in Silicon Valley and Whiting has a high-tech marketing background — it stayed pretty much that way until 2014. She’d been focused on the culinary side and couldn’t afford a major tech overhaul. But as her four-employee business got busier, ordering and accounting became time-consuming for Whiting — and a turnoff for her customers.Related: Why Are Companies Using Outdated Systems?The FixGourmet Dreams had been operating like it was 1999: Customers had to download an order form, print it out and submit it via either fax or email. Then Whiting herself manually processed credit card orders and keyed data into QuickBooks accounting software. Eventually she decided to replace all this with 3DCart, e-commerce software she chose because it integrated simply with her company website and QuickBooks, and provided a simple online shopping cart to handle ordering, payment and shipping. The ResultsIf Whiting hadn’t upgraded to 3DCart, Gourmet Dreams “wouldn’t be in business” today, she says. The time she spends on orders, accounting and invoicing each week has shrunk from a day and a half to just a few hours, allowing her to focus more on cooking food and building the company. Since the switch, revenues have gone up roughly 20 to 30 percent annually in the past couple of years. And 3DCart doesn’t take much to run: She pays $36 a month (prices start as low as $20), and unlike some of its competitors, the platform doesn’t charge transaction fees.Related: The Service That Helped an Ecommerce Site Fix Its Shipping WoesA Second OpinionThere are many e-commerce options for small businesses, including Shopify, Volusion and BigCommerce. They can look similar, but they’re not, says Dean Peckenpaugh, a Houston-based e-commerce consultant. “The big questions are: What other third-party systems [such as accounting software] can they plug into? And can the platform be implemented without a developer?” he says. Beyond that, look for — at minimum — a platform with integrated, streamlined shipping and payment tools, plus templates that allow you to customize the look and feel of a website’s cart and individual product pages. last_img read more