Colorful Decision Upholds Discrimination Verdict For Firefighter

From the opening words of a federal court’s opinion in Firefighter Melissa Smith’s sexual harassment and discrimination lawsuit against the City of New Smyrna Beach, Florida, one realizes that the Court’s opinion is going to be unlike most “just the facts, ma’am” judicial decisions. Judge Gregory Presnell began his opinion writing: “Discrimination in the workplace […]

Corrections Officer Recovers $1.67 Million In Retaliation Case

Charles Hughes was a corrections lieutenant for the State of California Department of Corrections and Rehabilitation. While employed at the Department, Hughes was a member of the correctional police officers’ union. In 1995, he became a job steward. In that capacity, he represented union members in lower-level grievances and small internal affairs interviews. In 1998, […]

Police Certification And Arbitration Reinstatement Awards

On October 29, 2008, while he was employed as a patrol officer with the Beaver Falls, Pennsylvania, Police Department, Patsy Peretta temporarily disrobed himself at a local bar. The City fired Peretta, and his labor organization, the Beaver Falls Police Association, challenged the termination in arbitration. An arbitrator converted the termination into a one-year disciplinary […]

Medical Privacy Claim Under ADA Requires Proof Of Damages

Cheryl Russell was a dispatcher with the City of Mobile, Alabama Police Department. Russell sued the City, claiming that it engaged in an improper medical inquiry in violation of the Americans with Disabilities Act of 1990. Under the ADA, an employer can only obtain medical information about an employee if it has reasons that are […]

Supreme Court Makes Donning/Doffing Cases Harder To Prove

For over 50 years, the Supreme Court has held that the donning and doffing of equipment and work clothing before and after a work shift is compensable work under the Fair Labor Standards Act (FLSA). Section 203(o) of the FLSA provides an exception to that general rule, and provides that work does not include “any […]

Judge Denies Houston Firefighter Union’s Request To Halt ‘Brownout’ Plan

A judge on Tuesday denied the Houston firefighter union’s request to block the city from removing personnel, trucks and ambulances from service to balance the fire department budget. State District Judge Elaine Palmer denied the Houston Professional Fire Fighters Association’s request for a temporary restraining order. The hearing was the first in a lawsuit the […]

City Pursues $45,000 In Legal Fees From Police Association

CHANDLER, AZ &#8211 Chandler is seeking nearly $45,000 in legal fees after a judge dismissed a claim filed against the city by a group of police officers. Members of the Chandler Law Enforcement Association filed suit against the city in July, claiming the city did not pay officers all they were owed from a “reverse […]