Assorted Federal

Question 1

What is USERRA stand for?

Answer 1

Uniformed Services Employment and Reemployment Rights Act

Question 2

What are the 2 protections under USERRA & for how long is each protection?

Answer 2

USERRA … 6 ltrs = 6 yrs.

1. Hold for 5.
2. No fire for 1.
   - ———-
3. Hold job for 5 yrs. Must give a subst. similar job.
4. Can’t fire for 1 yr, unless for cause.

Question 3

Why does USERRA get friends in high places?

Answer 3

Secretary of Labor may try to persuade LG.
Atty Gen may sue on claimant’s behalf.

Question 4

What damages are available under USERRA?

Answer 4

Wages + benes … so JEFF’s Lost Benes.

BUT IF WILLFUL:
Liquid in the amt of JEFF’s Lost Benes.

Question 5

S/L

Answer 5

None!

Question 6

What protections are afforded bankrupts?

Answer 6

LGs cannot refuse to hire, fire, or discriminate with respect to EE having filed bankruptcy.

Question 7

What protections are afforded EEs w/ garnishment?

Answer 7

Cannot fire for garnishment.

Question 8

What happens if ER willfully fires EE over garnishment?

Answer 8

Consumer Credit
-----------
Willful violation = 
JAIL + $1k fine
-----------
Don't get confused w/ firing over jury duty 
COMM SERV + $5K + lost wages/benes.
----------
How remember?  
You can pretty much get out of jury duty (light) but you can't get out of a garnishment (heavy).

Question 9

What happens to ER if fires EE for jury duty?

Answer 9

~jury SERVICE = comm SERVICE + jury of 5
~garn1shment
----------
COMM SERV + $5k + wages/benes
-----------
Don't get confused w/ firing for garnishment.
JAIL 1 yr + $1k  
-----------
How remember?
You can pretty much get out of jury duty (light) but you can never get out of a garnishment (heavy).

Question 10

What is Veteran’s Preference under FL’s State law?

Answer 10

LG must give hiring preferences to veterans & vet spouses.

Question 11

EMPLOYMENT
-----------
Which ones are 
1)  DOL?  
2)  EEOC?  
3)  Something else?
4)  None?

Answer 11

DOL - ones w/ "L".  
>>>- FLSA, FMLA.
-----------
EEOC - 7 DEGA ballerinas
>>> 7, aDea, Epa + Gina + Ada (emp)
-----------
Dept of Justice - ADA (pub serv)
-----------
None - #s + FCRA