Regulations Clarify Adult Child Health Care Coverage Mandate

The Patient Protection and Affordable Care Act, which was signed into law on March 23, 2010 and amended on March 30, 2010 by the Health Care and Education Reconciliation Act of 2010 (collectively the “Act”), significantly extended the period of time that children may remain covered under their parents’ health care plans. The Act requires […]

Court Upholds Fire Captain’s Demotion For Affair With Subordinate

Randolph Starling was a captain with the Palm Beach County, Florida Fire Rescue Department. In May 2005, he arranged to have Carolyn Smith, another firefighter, transferred to his fire station as his subordinate. Sometime during the next few months, Smith and Starling – then married but separated from his wife – began an intimate relationship. […]

Fire Department’s No-Layoff Clause Subject To Binding Arbitration

The Johnson City, New York Professional Firefighters, Local 921 IAFF and the Village of Johnson City are parties to a collective bargaining agreement. The contract provides that “the Village shall not lay off any member of the bargaining unit during the term of the contract.” The Contract also includes a grievance procedure by which disputes […]

Employers May Be Liable For Violating ADA Based On Vague And Overbroad Medical Questionnaires

In Scott v. Napolitano, 2010 WL 1797032 (S.D. Cal. 2010), a California federal district court recently provided guidance on how employers may draft medical examination questionnaires that comply with the Americans With Disabilities Act (ADA). The plaintiff, a security officer, sued his employer for violation of the ADA, disability discrimination, and retaliation after he was […]

Police Officers, Progressive Discipline, And Dishonesty

Torres Mayfield was an officer with the Atlantic City, New Jersey Police Department. In the early morning hours on April 1, 2006, a deaf woman identified only as “J.M.” sought help from police complaining that she was assaulted by Officer Mayfield, her boyfriend. Mayfield assaulted her because he thought she was communicating on a computer […]

Statute Can Create Due Process Rights

Anthony Sawl, who has approximately 25 years of law enforcement experience, was hired as a patrol officer for the West Kittanning, Pennsylvania Police Department in October 2005, and was promoted to Lieutenant in January 2007. The Department employs fewer than three full-time officers. On September 29, 2007, a City Council member was involved in an […]

Employer’s Sick Leave Policy Is The Equivalent Of A Reprimand

The Broome County, New York Sheriff’s Department sent a memorandum to some employees stating that it had examined their use of sick leave and was requiring each employee to provide proof of illness for all future sick leave use. The memorandum also stated that the County would impose discipline if employees failed to provide the […]

Court Dismisses Federal Criminal Charges Against San Diego Pension Trustees

Potentially bringing to an end one of the most protracted criminal prosecutions of public pension trustees, a federal court in California has dismissed all charges against five trustees of San Diego’s troubled pension fund. The trustees were charged with the violation of Section 1346 of Title 18 of the United States Code, which forbids entering […]

Employer Has Burden Of Proving Disciplinary Notice To Employee

Stephan Jones was a firefighter with the Pineville, Louisiana Fire Department. On July 23, 2003, Jones, who was operating a fire rig, was involved in a minor accident with a United Stated Postal Service truck. Jones was driving without a valid driver’s license in his possession when the accident occurred. Before leaving the accident scene, […]

Deputy Not Required To Say ‘FMLA’ To Request FMLA Leave

Randall Miller was a deputy sheriff with the Boyle County, Kentucky Sheriff’s Department. In 2007, Miller began having severe headaches which caused him to miss work occasionally. Over the course of 2007 and 2008, Miller’s condition worsened and he began to experience what he described as blackout spells. On August 29, 2008, Miller invited Chief […]