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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First Thursday, April 2016

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…

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First Thursday, March 2016

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…

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First Thursday, February 2016

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…

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First Thursday, January 2016

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….

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First Thursday, December 2015

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)…

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First Thursday, November 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…

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First Thursday, October 2015

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…

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First Thursday, September 2015

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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