Assorted State Flashcards
FL’s Public Employee Labor Relations Act prohibits an ER from what activities.
Assisting in the formation of an EE organization.
Encouraging/discouraging membership in an EE organization
Who oversees disputes?
Public Employee Relations Commission.
What does the Act protect?
FL's Whistleblower's Act ----------- No ER retaliatory action if an EE: (1) Discloses/threatens to disclose IN WRITING to a govt agency (2) Practice of ER violates a law & is (a) Danger to public H, S & W or (b) Gross malfeasance or (c) Neglect of duty.
When does Whistleblower not protect an EE?
EE discloses info she knows is false.
Name 3 things to state a Prima Facie Case for ER’s retaliatory action under the Act.
Must the retaliation be the sole reason for the adverse action?
SAME AS RETALIATION
(1) EE engaged in protected activity,
(2) Adverse employment action and
(3) Causal connection exists between the two.
Does NOT have to be sole reason for adverse action.
~seems weird b/c retaliation is a ‘but for’ standard.
———–
Don’t get confused w/ Retaliatory Discharge of Ombudsman, which is a Statutory claim, not a tort & has no Sov. Imm. waiver.
In what way is FL’s Worker’s Comp Act surprisingly lenient toward EE?
FL's Worker's Comp Act ----------- No but for. No firing. ----------- No requirement to (1) Prove EE's pursuit of a WC claim was the ER's ONLY basis for adverse act. (2) Actually get fired.
What type of jury service is protected under the Act?
In State courts, not in Federal.
FL's Firefighter's Bill of Rts. FL's Police Officer's Bill of Rts. FL's Correctional Officer's Bill of Rts. ----------- What do these statutes do?
FL's Firefighter's Bill of Rts. FL's Police Officer's Bill of Rts. FL's Correctional Officer's Bill of Rts. ----------- Lay out procedural steps to investigate misconduct by firefighters, police officers, or correctional officers.
FL's Firefighter's Bill of Rts. FL's Police Officer's Bill of Rts. FL's Correctional Officer's Bill of Rts. ----------- How do Police & Correctional Officers have more rights than Firefighters?
FL's Firefighter's Bill of Rts. FL's Police Officer's Bill of Rts. FL's Correctional Officer's Bill of Rts. ----------- The relief they get for suit. PO + Correct = damages $ or 'otherwise.' FF = injunction only. -------------- Fire Fighters burn is inequitable.
What 2 things does the Act do?
FL’s Sickle-Cell Trait Act
(1) No adverse action due to sickle-cell trait.
(2) Testing cannot be condition of hiring.
What is FL’s Act similar + different than EPA?
Like EPA, Only for wages. Only for gender.
Unlike EPA, No EEOC.
FS Ch 115 allows a Public Officer to take a leave of absence for military duty contingent upon what?
~confirmed.
PO
(a) leave for war w/ a foreign govt.
(b) Appt deputy, may have to post a bond.
(c) Governor grants leave not past PO’s term.
PO + PE
(a) leave w/ 30 days pay
(b) train 240 hrs/yr.
Is FL’s protection of a Public Officer to leave for military duty require call to duty?
No. **For Pub OFFICER, can be VOLUNTARY OR INVOLUNTARY but must be WAR w/ FOREIGN GOVT.
~confirmed.
PO
(a) leave for war w/ a foreign govt.
(b) Appt deputy, may have to post a bond.
(c) Governor grants leave not past PO’s term.
PO + PE
(a) leave w/ 30 days pay
(b) train 240 hrs/yr.
FS Ch 115 allows a Public Officer & a public EE to have time off w/o penalty for what activity?
~confirmed.
PO
(a) leave for war w/ a foreign govt.
(b) Appt deputy, may have to post a bond.
(c) Governor grants leave not past PO’s term.
PO + PE
(a) leave w/ 30 days pay
(b) train 240 hrs/yr.
How many hours a year may a Public Officer or public EE leave for training?
~confirmed.
PO
(a) leave for war w/ a foreign govt.
(b) Appt deputy, may have to post a bond.
(c) Governor grants leave not past PO’s term.
PO + PE
(a) leave w/ 30 days pay
(b) train 240 hrs/yr.
