Human Resource Management homework help

Human Resource Management homework help

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1/23 Notes: Employment and Labor Law Helpful Websites: www.EEOC.gov

Regulations Statutes

www.DOL.gov OSHA *Wage Hour division: overtime, min wage

www.NLRB.gov

Decisions the board has given; issues at hand Not just for unionized employers

Case Text Find Law Court Listener

∏ = plaintiff ∆ = defendant Supervisor manual is important for the test

Burden of proof: obligation to prove one’s assertion

Prima Facie: based on the first impression; accepted as correct until proved otherwise Humanistic component to deliberate when considering employees: Social life, health insurance, sense of identity Court Systems – know the differences between State & Federal

Cite case law – Series of books that the trial courts are published in are called the Reporters First number is Volume No, first page of case, point being made is found on following page if listed Federal Examples: 636 U.S.504 (2020)

Can file Petition of Writ of Certiorari to get to Supreme Court 560 F.3d 242, 2nd (11th Cir. 2019)

Appeals court example 11th Circuits

11th Circuit includes GA, FL and AL Smith v. Jones 623 F.Supp.3d 828, 830 (M.D. Fla 2018)

Trial court example Trial Level = District court

• Middle (Jacksonville, Orlando, Ocala, Tampa)

• Southern (Indian River Co, Keys)

• Northern (Gainesville thru the panhandle) Court System: Order & Cases they Each Handle

FEDERAL COURT SYTEM: (limited jurisdiction) Series of court cases that are interpreting the law

Federal Level – 636.U.S.504 (2020)

Supreme Court – very low percentage gets accepted

DCA Appellate Court – Federal 560F.3d242,200 (11th cir. 2019) Volume.federal 3rd circuit.

Fundamental principle: District Court abides by the Circuit Court decisions

http://www.eeoc.gov/
http://www.dol.gov/
http://www.nlrb.gov/
https://casetext.com/
https://lp.findlaw.com/
https://www.courtlistener.com/
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Circuit Court abides by Supreme Court decisions Principle of Stare Decisis: Stick with what we’ve (Federal System) already decided State Court System Examples: 858 So.3d 211 (Fla 2020)

State Supreme Court 823 So. 3d 421, 423 (Fla.5th DCA 2019) *everyone has the right to one appeal

5 DCA’s: made up of the different counties within FL 1st Jacksonville area 2nd Tampa area 3rd Miami 4th Palm Beach area 5th Orlando area

Trial Court – District of Trial Level: must adhere to what the Circuit Court decides Trial court example: Smith v. Jones 623.F.Supp.3d828,830 (M.D.FLA 2018) Smith is suing Jones, MEANS: volume 623 of the federal supplement 3rd series at pg., 828, pg. 830 (tells you what the lawsuit is about) – Middle District of FL – this is the trial level of court and is the first court suits are presented in. Florida Court Districts:

• Circuit Court o jurisdictional amount must be ~$30k as of 2020 (in 2023 goes to $50k) o 11 total, plus Federal & D.C o handles challenges to regulations

• 11th Circuit – Florida, Alabama, Georgia

• 1st Circuit – Mass. Main, Vermont, Puerto Rico federal, D.C. (challenges to regulations)

• County Court o below the Circuit Court amounts, takes cases under the above noted amounts

In Florida trial court opinions are not considered

JURISDICTION State Court: State courts have general jurisdiction over any lawsuit (except as described in number 3 below). Rights that can be enforced through lawsuits include:

1. State constitution, state statutes, local ordinances 2. Common law

a. Torts e.g., negligence, fraud, intentional infliction of emotional distress, negligent retention, negligent hiring, battery

b. contract (written, oral, implied) 3. Federal statutes and U.S. Constitution (unless the federal statute states that only a federal court can determine these rights)

STATE COURT SYSTEM: Florida Supreme Court Appeal – District Court Files Appeal

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823 (volume) So.3d (southern reporter 3rd series), 421 (page), 423 (point that is being made aka “jump site”), (Fla. (state of FL), 5th DCA (5th District Court of Appeals), 2019 (year case is decided)

Federal: Limited jurisdiction State: Court of general jurisdiction – you can bring pretty much any case you want in

State Court

Types of Fed Q’s Title 7, 42 U.S.C.§2000e Statute Types Fla Civil Rights

FMLA, ADEA, ADA

Fla. Stat.§440.205 Workers comp retaliation

42 U.S. Code § 1981 Equal rights under the law

Fla. Stat.§542.335 State non-compete

Fair Labor Standards Act

Fla. Stat.§448.101 Fla Whistleblower Act

[US Constitution] Common Law (Tort): civil wrong

Fraud, Breach of K, Negligence False Imprisonment

Diversity Ex., Smith is resident of AL, Jones is resident of FL AND amount greater than $75k

Invasion of Privacy, Battery (intentional tort) Intentional Infliction of Emotional Distress

Defamation, Slander

*Corporation: place of primary business and incorporation?

Tortious Interference w/ Contractual Relationship Tortious Interference w/ Advantageous Business Relationship

Negligent hiring

Contract (K) Oral or written

Removal Jurisdiction: If a plaintiff brings an action in state court alleging a federal question, or if there is diversity between the parties and the defendant is from out-of-state, the defendant may remove the entire action to federal court from state court.

• i.e. FLSA filed in state court & Min. Wage (federal) – when you remove the files from State court to Federal court

• 30 days to file notice of removal

Remand case – moves the file from the Federal to State

• Once the plaintiff picks a jurisdiction, they must dismiss to move it

Federal Court: Federal courts have limited jurisdiction; that is, jurisdiction only over cases like the ones described below:

1. Cases raising federal questions (federal statutes/statutory claims, U.S. Constitution) 2. Cases where there is complete diversity (diversity jurisdiction: lawsuit between citizens of different states and

amount in controversy over $75,000) a. An individual is a citizen of the state in which he or she resides. b. A corporation is a citizen of the state in which it is incorporated in and where it has its principal place of

business. Thus, a corporation can be a citizen of two states. 3. If the federal court has jurisdiction because a lawsuit either raises federal questions, or because there is diversity,

then the federal court has “supplemental jurisdiction” to hear any of the state claims described above. Supplemental jurisdiction over state claims REFERENCE HANDOUT: JURISDICTION

../Jurisdiction.pdf
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Lawsuit Types: Statutes:

• Title VII, ADEA, ADA (Federal Civil Rights) • Florida Civil Rights Act (state law) • State Non-Compete Statues • Whistleblower Act

Tort: you have a duty to ensure safety, Negligence Claim Common Law – occurs through court decisions 1/30 Notes: Civics – branches of the government; roles of these branches

Agencies are created by statutes – understand functions of Agencies and what levels of government they’re at: Federal, State and Local Levels → creatures of statute: political appointments, reflect president’s/governor’s politics – part of the executive branch (executive orders), created by legislature Agencies: Federal, State & Local Levels Handout PowerPoint: Trump NLRB 2020 Master Class NLRB Federal Court is where employers will want to file; Employees want to file in State court

Complaint: legal document that lays out the claims that the ∏ has against ∆

1) Summons: sent by court to defendant (long arm // personal jurisdiction); notice that complaint has been filed

against you and the court has personal jurisdiction over you (referred to as “long arm”)

• 21 days to respond in Federal cases

• 20 days for State

• other side has 14 days to respond,

• court is notified, court makes decision, court tells you if they confirm or deny

2) Complaint

• Remove?

Move to dismiss or Answer ex. of how this document reads: Plaintiff failed to prove that there was a legal case or cause of action, Or Answer – the answer responds to each numbered claim on the lawsuit (admit, deny, DKI, Affirmative Defense)

• DKI; don’t have enough info/don’t know

• Admit

• Deny

• Affirmative Defense

(1) SOL: Statute of Limitations – time frame to file for something (varies State to State)

(2) Mitigation of Damages // Mitigation Offset

(3) Statute of Frauds – certain K’s must be in writing to be enforceable; you cannot enforce unless documented

& signed by party seeking to enforce – can’t enforce if verbal (MYLEGS)

(4) Scope of charge – you must file w/ EEOC first, otherwise you cannot file charge

M: K to marry; so many promises made, to enforce the term(s) must be in writing to assure existence and scope Y: Years → intended to last over 1yr (ex. of verbal agreement with housekeeper to work 9mos, but you fire after 7mos – unenforceable that you’d have to keep housekeeper full 9mos since original agreement is less than 1yr) K intended to last over one year; verbal contract for under one year is enforceable (ex. If you extended a verbal over 16 months is not enforceable) contracts over one year need to be in writing (if not clear, law presumes ‘under one year’).

L: Land – selling property; sale, long-term rental, easement, etc., in land need to be in writing. E: executor of will or an estate; promises between executor and future recipient require a writing to prevent fraud. G: goods of $500 or more; sales of goods of $500 or more; or contractual modifications that push value to $500 or more. S: Surety (guarantor); promises by secondary party to be responsible for payment of another’s debt must be written

../Agencies%20-%20Federal,%20State%20and%20Local%20Levels.pdf
../CA_Trump%20NLRB_2020%20Master%20Class.pptx

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