Employment Liab #s

Question 1

Applies to?

Answer 1

Title 7
-----------
15+    
7 Disabled Girl FRiends are too+++ many. 
----------
Title 7
ADA  (emp)   [pub serv = all]
Gina
FcRa

Question 2

State the timeline for a Title 7 claimant.

Answer 2

Title 7
-----------
300 + (can ask @ 180) + 90
300 days of adverse action
180 days can request rt to sue ltr
90 days to file in Fed Ct.

7, ADEA, ADA + Gina

Question 3

What is the statute of limitations on a Title 7 claim?

Answer 3

300 + 90
Ledbetter, each payck = new.

vs. 1981 = 4 yrs.

Question 4

What does ADEA protect?

Answer 4

Applicants [except disparate treatment] & Employees
40 y.o.a.

Question 5

Pre-Reqs

Answer 5

300 + (can sue after 60) + 90

Question 6

Do you need a rt to sue ltr?

Answer 6

No. Can sue after 60 days.

Question 7

Title 1 applies to?

Answer 7

All public ERs.

Question 8

ADA
Pre-Reqs. Title 1

Answer 8

300 + 90 (re: employment)

Question 9

Pre-Reqs. Title 2.

Answer 9

ADA
-----------
No need to file w/ DOJ or get rt to sue ltr.
Give LG 60 days to fix.  
Addtl 120 days if subst. progress.

Question 10

Applies to who?

Answer 10

GINA
-----------
15+    Gina has 7+ FRiends. 
-----------
Gina
Title 7
FCRA

Question 11

Applies to?

Answer 11

FCRA
-----------
15+    Gina has 7+ FRiends. 
-----------
Gina
Title 7
FCRA

Question 12

S/L NEW

Answer 12

1 yr To file charge w/ FCRA.
180 days FCHR has to make reas cz determin.
1 yr. After det. to req DOAH hrg or file suit.

Question 13

Rt to sue ltr needed?

Answer 13

No. If FCHR makes no determ in 180 days, can file suit. No need for early rt to sue ltr.

Question 14

S/L

Answer 14

4 yrs.

Question 15

S/L

Answer 15

4 yrs.

Question 16

What is protected?

Answer 16

4 yrs.

Question 17

S/L

Answer 17

EPA
-----------
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)

Question 18

What does ER have to prove?

Answer 18

EPA       SMAQ
-----------
1.   Seniority System;
2.  Merit System;
3.  Another non-sex reason;
4.  Quality or quantity of production.
-----------
[shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally]
[don't get confused w/ ADEA defenses old BOSses DIe]

Question 19

Does EPA address intentional and/or unintentional discrimination?

Answer 19

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol)
Epa (eeoc)
flSa (eeoc)

Question 20

State 2 damages.

Answer 20

1. Diff in comp during 2 (unintent) or 3 (intent) span
   –PLUS–
2. Liquidated for willful, malicious, reckless:
   Equal to amt of loss
   ∑ double dmgs (2 x back pay)

Question 21

EPA summary

Answer 21

EPA
-----------
Only wages, only sex.
Must have comparator.
2 yrs vs. 3 yrs.
Get liquidated for intentional (3 yrs).

Question 22

What protections?

Answer 22

FLSA

1. Min Wage @ $7.25
2. OT @1½.

Question 23

S/L

Answer 23

FLSA   2 yrs + 3 yrs (willful)
-----------
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)

Question 24

How determine wh/ EE shd be pd on hrly basis?

Answer 24

FLSA
-----------
2 steps:
1.  Salary basis.
	Not less than $684/wk $35,568/yr
2.  Job Duties 
	Does EE qualify as an exec?

Question 25

FLSA ----------- How determine if highly compensated EE shd be pd OT?

Answer 25

FLSA ----------- 1 Step: Exempt threshold is $107,432.

Question 26

FLSA ----------- State 3 damages.

Answer 26

``` FLSA ----------- 2 yrs / 3 yrs Liquid + interest + JEFF’s Lost Benes. 1. Liquid 2. Prejudgment interest. 3. Jury trial. 4. Equitable relief. 5. Front pay (if can't reinstate)/Back pay 6. Fees (atty) + C 7. Lost benes. ``` ----------- Same as EPA + FLMA

Question 27

FLSA ----------- 2 damages timeframes.

Answer 27

FLSA 2 yrs (unintentl), 3 yrs (intentl) ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc)

Question 28

FMLA ----------- Benefits provided for NON-military

Answer 28

``` FMLA ----------- N-O-N = 3 ltrs = 3 mos = 12 workweeks ----------- 12 workweeks of leave for: 1. Birth 2. Placing of child 3. Serious health condition 4. Spouse son, daughter or parent is on or going on active duty. ```

Question 29

FMLA ----------- Benefits provided for military.

Answer 29

FMLA ----------- 26 workweeks for active duty. 12 workweeks for spouse, son, daugh, parent on or going on active duty

Question 30

FMLA ----------- S/L

Answer 30

``` FMLA ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc) ```

Question 31

FMLA ----------- State 4 damages.

Answer 31

``` FMLA ----------- 2 yrs / 3 yrs A. Lost wages + benes B. Prejudgment int. C. Liquidated Dmgs equal to A + B (above). D. C + AF ``` ----------- Essentially same as EPA

Question 32

EPA ----------- Do you need a rt to sue ltr?

Answer 32

No! | Can file w/ EEOC *but since you're busy SMAQing snakes, you can sue directly w/o filing*

Question 33

S/L____State 16 pertinent S/Ls. - ---------- 1) NOC for contrib 2) Title 7, ADEA, EPA 3) P+P 4) FCRA 5) New muni SLA 6) NOC for Med mal/wrong death 7) MESs 8) NOC for tort 9) New muni CP. 10) Tort 11) Oral K 12) Taking 13) 1981, 1983, 1985 14) Written K. 15) Improper Ordinance. 16) USERRA

Answer 33

``` *DFS unless county, muni, or FL Space. 6 mos = NOC to DFS.* 300/90 = 7, ADEA, EPA 1 = P+P statutory bond + FCRA + new muni SLA 2 = mm/wd NOC to DFS.* 2/3 = MESs 3 = Tort NOC to DFS* + new muni CP 4 = Torts + oral Ks + taking + 1981, 83, 85 5 = "w-r-i-t-e" Ks + improper ordinance Unlimited = USERRA ```