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ZZZ0 A-RAMA 0 > Numbers, Emplymt > Flashcards

Numbers, Emplymt Flashcards

1
Q

Applies to?

A 
15+    
7 Disabled GirlFRiends are too+++ many. 
-----------
Title 7
ADA
Gina
FcRa
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2
Q

State the timeline for a Title 7 claimant.

A 
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

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3
Q

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

A

300 + 90 // can ask at 180
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

Employment w/ 15+ 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 
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.
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10
Q

Applies to who?

A 
GINA
-----------
15+    
7 Disabled GirlFRiends are too+++ many.
-----------
Title 7
ADA (pub serv)  [emp = 15+]
Gina
FcRa
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11
Q

Applies to?

A 
FCRA
-----------
15+    
7 Disabled Girl FRiends are too+++ many. 
-----------
Title 7
ADA
Gina
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?
What is the S/L?

A

Five Conspive for Race & Sex only.
4 yrs.

17
Q

S/L

A 
EPA
-----------
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 
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]
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 
EPA
-----------
Only wages, only sex.
Must have comparator.
2 yrs vs. 3 yrs.
Get liquidated for intentional (3 yrs).
22
Q

What protections are made available?
CHALLENGE: State the specific numbers involved.

A

FLSA

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

S/L

A 
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)
24
Q

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

A 
FLSA
-----------
2 steps:
1.  Salary basis.
	Not less than $684/wk $35,568/yr
2.  Job Duties 
	Does EE qualify as an exec?
25
Q

How determine if highly compensated EE shd be pd OT?

A

1 Step:
Exempt threshold is $107,432.

26
Q

State 3 damages.

A 
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
Q

2 damages timeframes.

A

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

28
Q

Benefits provided for NON-military

A 
FMLA
-----------
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
Q

Benefits provided for military.

A

26 workweeks for active duty.

12 workweeks for spouse, son, daugh, parent on or going on active duty

30
Q

S/L

A 
FMLA
-----------
2-3 yrs of liquids & you didn't pay the toll.  You're a MESs.
fMla     (dol)
Epa      (eeoc)
flSa      (eeoc)
31
Q

State 4 damages.

A 
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
Q

Do you need a rt to sue ltr?

A

No!

Can file w/ EEOC but since you’re busy SMAQing snakes, you can sue directly w/o filing

33
Q

What items are related in a 2 & 3 year scheme?

A

2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol) . . . Epa (eeoc) . . . flSa (eeoc)
———-
S/L sue LG in negligence = 3 yrs.
UNLESS for wrongful death = 2 yrs.

ZZZ0 A-RAMA 0 (216 decks)

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