Assorted State Flashcards

1
Q

FL’s Public Employee Labor Relations Act prohibits an ER from what activities.

A

Assisting in the formation of an EE organization.
Encouraging/discouraging membership in an EE organization

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2
Q

Who oversees disputes?

A

Public Employee Relations Commission.

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3
Q

What does the Act protect?

A

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.

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4
Q

When does Whistleblower not protect an EE?

A

EE discloses info she knows is false.

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5
Q

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?

A

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.

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6
Q

In what way is FL’s Worker’s Comp Act surprisingly lenient toward EE?

A

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.

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7
Q

What type of jury service is protected under the Act?

A

In State courts, not in Federal.

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8
Q

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?

A

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.

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9
Q

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?

A

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.

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10
Q

What 2 things does the Act do?

A

(1) No adverse action due to sickle-cell trait.
(2) Testing cannot be condition of hiring.

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11
Q

What is FL’s Act similar + different than EPA?

A

Like EPA, Only for wages. Only for gender.
Unlike EPA, No EEOC.

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12
Q

FS Ch 115 allows a Public Officer to take a leave of absence for military duty contingent upon what?

A

~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.

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13
Q

Is FL’s protection of a Public Officer to leave for military duty require call to duty?

A

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.

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14
Q

FS Ch 115 allows a Public Officer & a public EE to have time off w/o penalty for what activity?

A

~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.

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15
Q

How many hours a year may a Public Officer or public EE leave for training?

A

~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.

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16
Q

What type of training is protected under the Act?

A

~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.

17
Q

Who is an “Employer” under FL’s Age Discrim Act?
Who is NOT an “Employer” under FL’s Age Discrim Act?

A

Include: State & LGs.
Exclude: Law enforcement & firefighting agency.

18
Q

How does FL’s Age Discrim Act ensure a long career?

A

Cannot force retirement due to age.

19
Q

State differences in defenses under:

— FCRA (760) & FL’s Age Discrim. Act (112)
vs.
— ADEA.

A

All 3 identical. old BOSses DIe
———–
BOFQ
Other
Seniority
Disparate Impact of neutral policy

20
Q

Name 3 additional constitutional protections provided in FL’s constitution that are not found in Federal.

A

(1) Rt to Privacy
(2) Rt of access to public records & meetings
(3) Rt to access of Courts

21
Q

What is the purpose of FS 112.044 that closely parallels the FCRA?

A

Essentially gives State workers relief.
———–
Like 760, 112 includes LGs in “Employer.”
BUT
112 provide remedies for State workers AND excludes firefighting & law enforcement agencies.

22
Q

What kind of action should I look for?

A

Retaliation as a tort.

23
Q

What kind of action is retaliation in worker’s comp?

A

Tort.

24
Q

What is S/L for retaliatory discharge tort claim under worker’s comp?

A

TRICK - not a tort so sov. imm. is NOT WAIVED.
———–
6 mos. contribution
2 yrs NOC + S/L for med mal/wrong death.
3 yrs NOC torts
4 yrs torts, oral Ks & takings.

25
Q

State the 4 requirements for PO to leave for military service.

A

~confirmed - FS 115.

PO Leave:
(a) War w/ a foreign govt.
(b) Appt deputy, may post bond.
(c) Governor grants not past PO’s term.
(d) 30 days pay

PO + PE
(a) Train/leave up to 240 hrs/yr.
(b) 30 days pay.

26
Q

Who gets to participate in military training?
What kind of training?
How many hours?
Paid?

A

~confirmed, FS 115.
(a) PO + PE
(b) Voluntary + involuntary (ex. ntl guard)
(c) 240 hrs/yr.
(d) Yes, pd 30 days.

27
Q

What are the 2 requirements for PE to leave for military reasons?

A

~confirmed - FS 115.

PO + PE
(a) Train/leave up to 240 hrs/yr.
(b) 30 days pay.
———–

PO Leave:
(a) War w/ a foreign govt.
(b) Appt deputy, may post bond.
(c) Governor grants not past PO’s term.
(d) 30 days pay