Florida Regulations 73B-1.009: Remedies
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(1)(a) As specified in 42 USCA section 603(a)(5)(I)(iv), the remedies that may be imposed under WtW complaints relating to displacement, health and safety, and gender discrimination shall include:
1. Suspension or termination of payments under the WtW program;
2. Prohibition of placement of participant with an employer that has violated any of the prohibitions against: gender discrimination, as prescribed in 20 C.F.R. § 645.255(b); health and safety standards established under State and Federal law which are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 C.F.R. § 645.260; and displacement of other employees, as prescribed at 20 C.F.R. § 645.265; and,
3. Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment, where applicable; and,
4. Where appropriate, other equitable relief.
(b) As specified in 29 USCA section 2931, the remedies that may be imposed under WIA for a violation of any requirement of WIA shall be limited:
1. To suspension or termination of payments under this chapter;
2. To prohibition of placement of a participant with an employer that has violated any requirement under this chapter;
3. Where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and,
4. Where appropriate, to other equitable relief.
(2) Other WIA, WT, and WtW grievance and complaint remedies including other equitable relief to be imposed as appropriate.
Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History-New 4-3-02, Formerly 60BB-1.009.
Terms Used In Florida Regulations 73B-1.009
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
2. Prohibition of placement of participant with an employer that has violated any of the prohibitions against: gender discrimination, as prescribed in 20 C.F.R. § 645.255(b); health and safety standards established under State and Federal law which are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 C.F.R. § 645.260; and displacement of other employees, as prescribed at 20 C.F.R. § 645.265; and,
3. Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment, where applicable; and,
4. Where appropriate, other equitable relief.
(b) As specified in 29 USCA section 2931, the remedies that may be imposed under WIA for a violation of any requirement of WIA shall be limited:
1. To suspension or termination of payments under this chapter;
2. To prohibition of placement of a participant with an employer that has violated any requirement under this chapter;
3. Where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and,
4. Where appropriate, to other equitable relief.
(2) Other WIA, WT, and WtW grievance and complaint remedies including other equitable relief to be imposed as appropriate.
Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History-New 4-3-02, Formerly 60BB-1.009.