Assorted Federal Flashcards

1
Q

What is USERRA stand for?

A

Uniformed Services Employment and Reemployment Rights Act

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2
Q

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

A

  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.
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3
Q

Why does USERRA get friends in high places?

A

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

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4
Q

What damages are available under USERRA?

A

Wages + benes … so JEFF’s Lost Benes.

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

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5
Q

S/L

A

None!

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6
Q

What protections are afforded bankrupts?

A

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

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7
Q

What protections are afforded EEs w/ garnishment?

A

Cannot fire for garnishment.

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8
Q

What happens if ER willfully fires EE over garnishment?

A

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).

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9
Q

What happens to ER if fires EE for jury duty?

A

~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).

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10
Q

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

A

LG must give hiring preferences to veterans & vet spouses.

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11
Q

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

A

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

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