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ZZZ0 A-RAMA 0 > Employment Liab #s > Flashcards

Employment Liab #s Flashcards

1
Q

Applies to?

A 
Title 7
-----------
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 
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
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 
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+    Gina has 7+ FRiends. 
-----------
Gina
Title 7
FCRA
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11
Q

Applies to?

A 
FCRA
-----------
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?

A

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?

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

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

A 
*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

ZZZ0 A-RAMA 0 (216 decks)

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