Employment Liab #s Flashcards

1
Q

Applies to?

A

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

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2
Q

State the timeline for a Title 7 claimant.

A

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

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3
Q

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

A

300 + 90
Ledbetter, each payck = new.

vs. 1981 = 4 yrs.

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4
Q

What does ADEA protect?

A

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

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5
Q

Pre-Reqs

A

300 + (can sue after 60) + 90

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6
Q

Do you need a rt to sue ltr?

A

No. Can sue after 60 days.

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7
Q

Title 1 applies to?

A

All public ERs.

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8
Q

Pre-Reqs. Title 1

A

300 + 90 (re: employment)

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9
Q

Pre-Reqs. Title 2.

A

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

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10
Q

Applies to who?

A

15+ Gina has 7+ FRiends.
———–
Gina
Title 7
FCRA

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11
Q

Applies to?

A

15+ Gina has 7+ FRiends.
———–
Gina
Title 7
FCRA

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12
Q

S/L NEW

A

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.

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13
Q

Rt to sue ltr needed?

A

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

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14
Q

S/L

A

4 yrs.

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15
Q

S/L

A

4 yrs.

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16
Q

What is protected?

17
Q

S/L

A

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

18
Q

What does ER have to prove?

A

  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]
19
Q

Does EPA address intentional and/or unintentional discrimination?

A

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

20
Q

State 2 damages.

A

  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)
21
Q

EPA summary

A

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

22
Q

What protections?

A

  1. Min Wage @ $7.25
  2. OT @1½.
23
Q

S/L

A

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

24
Q

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

A

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

25
FLSA ----------- How determine if highly compensated EE shd be pd OT?
FLSA ----------- 1 Step: Exempt threshold is $107,432.
26
FLSA ----------- State 3 damages.
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
27
FLSA ----------- 2 damages timeframes.
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)
28
FMLA ----------- Benefits provided for NON-military
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.
29
FMLA ----------- Benefits provided for military.
FMLA ----------- 26 workweeks for active duty. 12 workweeks for spouse, son, daugh, parent on or going on active duty
30
FMLA ----------- S/L
FMLA ----------- 2-3 yrs of liquids & you didn't pay the toll. You're a MESs. fMla (dol) Epa (eeoc) flSa (eeoc)
31
FMLA ----------- State 4 damages.
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
32
EPA ----------- Do you need a rt to sue ltr?
No! Can file w/ EEOC *but since you're busy SMAQing snakes, you can sue directly w/o filing*
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
*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