In this month’s podcast, Will discusses the the potential impact of the nominee to head Department of Labor’s Wage and Hour Division. He also talks about public perception of police misconduct and the role law enforcement organizations must play in the conversation. This month’s cases are: Highway Patrol’s Overbroad Policies Violate Free Speech Rights, Moonin v. Tice, 2017 WL 3598083 (9th Cir. 2017) Change In Firearm ‘Loaner’ Police Negotiable,…
This month cases: Brady And The Privacy Of Personnel Records, Association for Los Angeles Deputy Sheriffs v. Superior Court, 2017 WL 2962901 (Cal. App. 2017) Bill Of Rights Requires Administrative Appeal After Final Disciplinary Decision Made, Morgado v. City and County of San Francisco, 2017 WL 2791413 (Cal. App. 2017) No Expectation Of Privacy During Raid Of Marijuana Dispensary, Santa Ana Police Officers Association v. City of Santa Ana,…
In this month’s podcast: Deputies Terminated For ‘Spouse-Swapping,’ Coker v. Whittington, 2017 WL 2240300 (5th Cir. 2017) ‘Last Chance’ Agreements Under Civil Service Rules, Whitwer v. Civil Service Commission, 2017 WL 2491646 (Iowa 2017) Florida Civilian Review Board Lacks Authority To Subpoena Officers, D’Agastino v. City of Miami, 2017 WL 2687694 (Fla. 2017) Longevity/Performance Pay Need Not Be Included In California Retirement Calculations, DiCarlo v. County of Monterey, 2017…
In this month’s podcast: What Impact Will The AHCA Have On Public Safety Bargaining? Firefighters, Staffing, And Bargaining, City of Everett, 2017 WL 1423520 (Wash. PERC 2017) Divided Kansas Court Extends ‘Firefighter’s Rule’ To Police, Apodaca v. Willmore, 392 P.3d 529 (Kan. 2017) No First Amendment Protection For Safety Complaint Made Through Chain Of Command, Santiago v. New York & New Jersey Port Authority, 2017 WL 1437196 (3rd Cir….
Will discusses the recent passage in the House of Representative of a bill legalizing comp time in the private sector. He also covers the following cases: The Fact Witness Cannot Also Conduct Internal Affairs Investigation, City of Oakland, 137 LA 82 (Riggs 2016) Firefighter Shift Staffing Levels Negotiable, City of Allentown v. IAFF, Local 302, 2017 WL 1151104 (Penn. 2017) Officer Cannot Be Held Responsible For ‘Newspaper’s Premature Judgment’,…
This month’s cases: Curious Court Decision Overturning Arbitrator’s Opinion, Forest Preserve District of Cook County v. Illinois Fraternal Order of Police Labor Council, 33 PERI ¶ 91 (lll. App. 2017); Use Of Private Cell Phone Can Create Public Record, City of San Jose v. Superior Court, 2017 WL 818506 (Cal. 2017); Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322…
Random Drug Testing For Corrections Employees Upheld, Washington v. Unified Government of Wyandotte County, Kansas, 2017 WL 474322 (10th Cir. 2017). ‘Last-Chance’ Agreement Means What It Says, Village of Fox Lake, FMCS 16-00391-1 (Jay Grenig 2016). Transfer Of Ambulance Services To Contractor Is Negotiable, Lockport Professional Firefighters, 49 PERB ¶ 4578 (NY PERB ALJ 2016). LISTEN
The cases covered in this month’s podcast are: Not Religious Discrimination To Refuse Muslim CO’s Request To Wear Khimar, Tisby v. Camden County Correctional Facility, 2017 WL 192887 (N.J. App. 2017) Social Networking Policy Violates Free Speech Rights, Liverman v. City of Petersburg, 2016 WL 7240179 (4th Cir. 2016) Union Lacks Right To Record Internal Affairs Interview, Kent County, 30 MPER ¶ 40 (Mich. ERC 2016) LISTEN
In our first podcast of 2017, Will discusses a question received on our website about whether there are exceptions to management’s adherence to past practice when imposing discipline. He also cover the following cases: Denver Body-Cam Policy Negotiable, Denver Police Protective Association v. City of Denver, No. 15CV33862 (Colo. Dist. Ct. 2016) Grand Juries And Garrity, In re: Misc. 4281, 2016 WL 7031019 (Md. Spec. App. 2016) Court Overturns…
In our final podcast of 2016, Will reveals the five biggest mistakes employers make during internal affairs investigations and covers the following cases: Officer Has Privacy Rights In Personal Cellphone, Larios v. Lunardi, 2016 WL 6679874 (E.D. Cal. 2016) ‘Absolute Prosecutorial Immunity’ Of DA Shields Even Political Retaliation Against Sergeant, Barnett v. Marquis, 2016 WL 6536621 (9th Cir. 2016) Employer Required To Provide Investigative Report To Fire Union, IAFF,…
Included in this month’s podcast: Will Aitchison gives ten tips for employees facing a disciplinary interview Pre-Employment Health History Forms Violate GINA, ADA, EEOC v. Grisham Farm Products, Inc., 2016 WL 3221161 (W.D. Mo. 2016) Jacksonville Firefighter Hiring Consent Decree Allowed To Expire, Coffey v. Braddy, 2016 WL 4435614 (11th Cir. 2016) Transsexual Officer Win Discrimination Lawsuit, Roberts v. Clark County School District, 2016 WL 5843046 (D. Nev. 2016)…
The following cases are covered in this month’s podcast: Fire Captain Discharged For Refusing To Stop Using Department Email For Religious Messages, Sprague v. Spokane Valley Fire Department, 2016 WL 5239627 (Wash. App. 2016) Polygraph Examination Is An ‘Interrogation’ Covered By Bill Of Rights, Miller v. City of Gonzales, 2016 WL 4563729 (La. App. 2016) Police Board Can Increase Disciplinary Penalty, Lesner v. Police Board, 2016 IL App (1st)…
Will discusses two very important recent cases. The first is a donning and doffing FLSA case out of New York – Perez v. City of New York, 2016 WL 4087216 (2nd Cir. 2016) – and the other involves a change in California;s law on pension reductions – Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2016 WL 4379316 (Cal. App. 2016). Other cases discussed this month:…
This month’s topics: New decision concerning how to calculate the overtime rate under the FLSA, Hernandez v. City of San Gabriel, 2016 WL 3090782 (9th Cir. 2016) Decision from Virginia on whether firefighter captains are exempt under the FLSA, Morrison v. County of Fairfax, 2016 WL 3409651 (4th Cir. 2016) Florida supreme court holds unconstitutional some limitations on workers’ compensation benefits, Westphal v. City of St. Petersburg, 2016 WL…
This month’s topics: Body-Worn Cameras And Bargaining, City of Oklahoma City (Zane Lumbley, 2016); Montgomery County, Maryland (Ira Jaffee, 2015 and 2016) Retirement Forfeiture Violates ‘Excessive Fine’ Clause Of Eighth Amendment, Public Employee Retirement Administration Commission v. Bettencourt, 474 Mass. 60 (Mass. 2016) Court Upholds Boston Sergeant Exam Even With Adverse Racial Impact, Lopez v. Nobrega, 2016 WL 2897639 (1st Cir. 2016) New Jersey Courts Need Not Necessarily Consider…
This month’s topics: New FLSA Exemption Rules Are Finally Announced The EEOC, The ADA, And Leave Incident Reports May Not (Or May) Be Protected By Garrity, United States v. Smith, 2016 WL 1719267 (11th Cir. 2016) Selling Shoes On E-Bay Not ‘Misconduct’ Disqualifying Trooper From Unemployment, Huff v. North Carolina Department of Commerce, 2016 WL 1335344 (N.C. App. 2016) Deeply Divided Illinois Supreme Court Overturns Rule Shielding Fire, Police,…
This month’s topics: Supreme Court Reinstates Officer’s Free Speech Lawsuit, Heffernan v. City of Paterson, New Jersey, 2016 WL 1627953 (U.S. 2016) Court Upholds Constitutionality Of California Factfinding Law, County of Riverside v. PERB, 2016 WL 1238737 (Cal. App. 2016); San Diego Housing Commission v. PERB, 2016 WL 1242539 (Cal. App. 2016) Step Increases After A Contract Expires, County of Atlantic, 2016 WL 931269 (N.J. Super. 2016) Question on…
Will discusses the impact of a divided Supreme Court’s Friedrichs decision upholding the constitutionality of “fair share,” and important decision on tattoo policy and impact bargaining out of Chicago, and more. Listen Friedrichs v. California Teachers Association Arbitrator Overturns Chicago PD’s Ban On Tattoos, Fraternal Order of Police, Chicago Lodge No. 7, No. 129-15-007 (Jacalyn Zimmerman, 2016) The FLSA, Comp Time, And Bargaining, Muttontown Police Benevolent Association, 49 PERB…
Listen Will tackles a question on physical fitness standards testing and HIPAA When Must An Employer Bargain Over The ‘Effects’ Of A Management Right? El Dorado County Deputy Sheriff’s Association, 2016 WL 542342 (Cal. App. 2016) Ex-fire chief sues over firing, www.dailyastorian.com/Local_News/20160125/ex-fire-chief-sues-over-firing Court Reverses Trooper’s Suspension For Failing To Take Action, New Jersey State Police, 2016 WL 674191 (N.J. App. 2016) What Is Reasonable Notice Of Disciplinary Charges? Ellins…
Will discusses three important news stories and three recent cases. LRIS would also like to introduce our Q&A hotline where podcast listeners can submit questions directly to Will. To leave a voice mail, call 503-836-5255. In addition to your question, please let Will know the state where you’re employed and whether you work in a collective bargaining environment. The Department of Labor’s new overtime rules. The latest on Friedichs…
In this month’s podcast, Will discusses the reasons why police and fire personnel have lower health care utilization than civilian employees. He also covers the following cases. Boston PD Rank-Ordered Promotions Held Discriminatory, Smith v. City of Boston, 2015 WL 7194554 (D. Mass. 2015) ‘Disrespectful Speech’ May Be Protected By Labor Laws, Borough of Carteret, 42 NJPER ¶ 66 (NJ PERC 2015) Court Rejects ‘Passive Inhalation’ Argument, Bennett v….
In this month’s podcast, Will discusses attacks on police union bargaining rights from both the left and right sides of the political spectrum and covers the following cases. City May Recoup Costs From Former Peace Officer For Peace Officer Standards And Training (“POST”) Certification, In re Acknowledgment Cases, 239 Cal.App.4th 1498 (2015) In Georgia, Deputy Sheriffs Can Be Fired For Political Reasons, Gonzalez v. Hasty, 802 F.3d 212 (2015)…
In this month’s First Thursday podcast, Will reviews an important Brady decision out of Texas and cases involving Weingarten, Garrity, police officer bill of rights, presumptive causation and protected speech. Major Brady Case From Texas, Brown v. Nero, 2015 WL 5666172 (Tex. App. 2015) Questioning About Use Of Force Incident Triggers Weingarten Rights, New York State Correctional Officers, 48 PERB ¶ 4546 (NY PERB ALJ 2015) How The Two-Part…
Topics discussed in this month’s podcast include: The Negotiability Of A Disciplinary Matrix, Middletown Borough Police Officers Association, 47 PPER ¶ 30 (Penn. LRB 2015) Acquittal In Criminal Case Does Not Mean Firefighter Could Not Be Fired, City of Seattle, (Lankford 2015) Deputy Sheriff Can Be Fired For Conduct While On Unpaid Leave, Negron v. Los Angeles County Civil Service Commission, 2015 WL 5146622 (Cal. App. 2015) Court Rejects…
Topics discussed in this month’s podcast include: Review of the Department of Labor’s rule changes concerning who is exempt from overtime under the FLSA A Cleveland firefighter was ordered to pay $2,500 for personal calls on city phone San Jose mayor changes position on police officers paying training costs Daily log is not a “personnel file” for purposes of firefighter bill of rights, Poole v. Orange County Fire Authority,…
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