First Thursday, February 2017

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

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First Thursday, January 2017

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…

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First Thursday, December 2016

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,…

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First Thursday, November 2016

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)…

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First Thursday, October 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)…

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First Thursday, September 2016

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:…

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First Thursday, August 2016

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…

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First Thursday, July 2016

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…

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First Thursday, June 2016

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,…

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First Thursday, May 2016

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…

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