Assorted Federal Flashcards
What is USERRA stand for?
Uniformed Services Employment and Reemployment Rights Act
What are the 2 protections under USERRA & for how long is each protection?
- Hold for 5.
- ## No fire for 1.
- Hold job for 5 yrs. Must give a subst. similar job.
- Can’t fire for 1 yr, unless for cause.
Why does USERRA get friends in high places?
Secretary of Labor may try to persuade LG.
Atty Gen may sue on claimant’s behalf.
What damages are available under USERRA?
Wages + benes … so JEFF’s Lost Benes.
BUT IF WILLFUL:
Liquid in the amt of JEFF’s Lost Benes.
S/L
None!
What protections are afforded bankrupts?
LGs cannot refuse to hire, fire, or discriminate with respect to EE having filed bankruptcy.
What protections are afforded EEs w/ garnishment?
Cannot fire for garnishment.
What happens if ER willfully fires EE over garnishment?
Willful violation =
JAIL + $1k fine
———–
Don’t get confused w/ firing over jury duty
COMM SERV + $5K + lost wages/benes.
———-
How remember?
You can pretty much get out of jury duty (light) but you can’t get out of a garnishment (heavy).
What happens to ER if fires EE for jury duty?
~jury SERVICE = comm SERVICE + jury of 5
~garn1shment
———-
COMM SERV + $5k + wages/benes
———–
Don’t get confused w/ firing for garnishment.
JAIL 1 yr + $1k
———–
How remember?
You can pretty much get out of jury duty (light) but you can never get out of a garnishment (heavy).
What is Veteran’s Preference under FL’s State law?
LG must give hiring preferences to veterans & vet spouses.
Which ones are
1) DOL?
2) EEOC?
3) Something else?
4) None?
DOL - ones w/ “L”.
»>- FLSA, FMLA.
———–
EEOC - 7 DEGA ballerinas
»> 7, aDea, Epa + Gina + Ada (emp)
———–
Dept of Justice - ADA (pub serv)
———–
None - #s + FCRA