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First Thursday, January 2015

It’s the first First Thursday podcast of the new year, albeit a little late due to the holidays. Here’s what in this month’s First Thursday podcast: Supreme Court Rejects Worker Pay For Security-Screening Time, Staffing Solutions, Inc v. Jesse Busk and Laurie Castro, U.S. Supreme Court, No. 13-433 No Hearing Required Under Bill Of Rights For Transfer Without Economic Harm, Los Angeles Police Protective League v. City of Los…

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First Thursday, December 2014

Covered in this month’s podcast: The implications of a very important shift work study Are personal Cell phone records public documents Social media policy and discipline Wall Street Journal Article on using arbitration in police discipline Boston PD hair tests ruled invalid, Read decision Florida Court finds that mediation should be open to public, Brown v. Denton, 2014 WL 5333480 (Fla. App. 2014) Union misses deadline,…

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First Thursday, November 2014

Each month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. Featured in this month’s podcast: A review of contract negotiations with the nation’s three largest cities – New York, Los Angeles and Chicago. Massachusetts to pay $2.1 million to settle state trooper overtime suit No…

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Communicable Disease Policies

Are public safety agencies prepared for communicable disease epidemics? What sorts of questions should public safety agencies be asking about their policies? Will Aitchison discusses these issues in our latest podcast. Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email

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First Thursday, October 2014

Each month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. In this month’s podcast, Will covers a federal bankruptcy judge ruling that upends the widely held belief that public workers’ pensions have a special status in California that makes them impossible to cut, further chipping…

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The Privacy Provisions of The ADA And More

In the latest podcast in our interview series, Will speaks with management-side employment attorney, Robin Shea of the law firm Constangy, Brooks & Smith, LLP. Robin has more than 20 years’ experience in employment litigation and is author of the blog Employment & Labor Insider. You can also follow Robin on Twitter @RobinEShea. Will and Robin discuss the ADA’s general privacy provision and the JRACWBN* requirement before the employer…

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First Thursday, September 2014

Each month, Will Aitchison discusses recent news stories, legal decisions and economic developments that impact public safety employees and employers, union and management representatives, and attorneys involved with public safety labor and employment law. Featured in this month’s podcast: The looming crisis in police recruitment Illinois post-retirement health insurance constitutionally protected – Kanerva v. Weems, 2014 IL 115811 (Ill. 2014) Philadelphia’s long-standing ban on police PAC contributions struck down…

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First Thursday, August 2014

Included in this month’s podcast: A roundup of recent labor contract signings Federal appeals court upholds verdict against fire union In absence of binding promise, no protection for post-retirement insurance Kansas court limits ability to appeal discipline to civil service boards LAPD officer wins FLSA retaliation lawsuit No remedy for violation of IA non-disclosure law The importance of intent in termination cases Weingarten rights apply to written statements Download…

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The FLSA’s Section 7(k) Exemption And Donning & Doffing

This podcast features an interview with Peter Berk, a New Jersey attorney with the law firm of Genova Burns Giantomasi Webster who, among other things, represents management interests in labor relations matters. The interview covers a very significant FLSA case coming out of the federal Third Circuit Court of Appeals in which Mr. Berk represented the town of Teaneck, New Jersey. The case deals with the Section 7(k) exemption…

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First Thursday, July 2014

In this month’s First Thursday podcast, Will discusses the impact of three major Supreme Court decisions dealing with ‘Fair Share’, cell phone searches and Garcetti. Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email

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Supreme Court Rejects Request To Hold ‘Fair Share’ Unconstitutional

In what some have termed the most significant labor case in years, the United States Supreme Court has rejected a request to hold “fair share” assessments unconstitutional. “Fair share” assessments occur under the laws of 20 states which not only grant public employees the right to bargain, but also impose upon unions the duty to fairly represent all members of their bargaining units. Under “fair share” provisions, non-union members…

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When Can An Employer Examine Your Personal Cellphone?

In this special podcast, Will interviews Steven Betz, an attorney with the law firm of Rains Lucia Stern, PC, about when an employer can order an employer to turn over a personal cellphone in the course of a disciplinary investigation. This wide ranging discussion between two prominent labor attorneys examines the issue for which there is very little direct caselaw. Using existing Supreme Court decisions, they come up with…

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First Thursday, June 2014

Featured in this month’s podcast: Preview of the Supreme Court’s decision on Fair Share case, Harris v. Quinn California PERB holds factfinding applies to mid-term bargaining How the ADA and FMLA interact in the fitness-for-duty process Discussions at union e-board meeting privileged Union has right to conduct parallel disciplinary investigation Court upholds arbitrator’s opinion in sex case A reminder that state laws can be more stringent than the FLSA

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First Thursday, May 2014

Featured in this month’s podcast: Supreme Court upholds Michigan’s ban on race and gender preferences in employment, education Retired police firefighters reach deal with Detroit Two important California PERB decisions Privacy for personal email and cell phone records of public officials Yet another Brady case (Yay!) Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast…

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First Thursday, April 2014

Featured in this month’s podcast: Does state’s flex time system violate the FLSA? Is county required to pay corrections officers overtime for meal periods? LAFD dispatchers, aeromedical technicians not firefighters for FLSA purposes Supreme Court to rule on Amazon workers FLSA Can employer force employee to use FMLA leave at the same time employee is using sick leave? Threat of a seizure enough to disqualify recruit Discipline not negotiable…

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First Thursday, March 2014

Featured in this month’s podcast: Required retirement contributions do not violate ‘Contracts Clause’ Will answers an FLSA question submitted on our website Officer can be disciplined for working without permission Officer’s injury during paid lunch not compensable under workers’ comp Court rules that seeing suspect killed is ‘normal’ for police Due process requires pre-discipline hearing even if appeal rights exist Unsuccessful applicant can review civil service exam Why “I’m…

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First Thursday, February 2014

Left click to play, right click to download Featured in this month’s podcast: The Supreme Court’s decision in the donning and doffing case Sandifer v. United States Steel Corp. An important ADA case from the 4th Circuit court More news on the Genetic Information Disclosure Act A discussion of cases from across the country The last CPI numbers Subscribe to this podcast via RSS…

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First Thursday, January 2014

Now with improved audio quality! As part of our constant effort to provide you with the best quality products, we spared no expense in building a state-of-the-art sound studio to improve the audio quality of our podcasts. That means Will will no longer sound like he’s speaking in an empty fish tank. Of course, if you miss that sound you could always listen to the podcast in an empty…

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First Thursday, December 2013

Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email We’re big on facial hair here at LRIS headquarters, but that’s not the only reason it features prominently in this month’s podcast. Rules on facial hair represent just one of several employer policies that can have a constitutional or…

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First Thursday, November 2013

Download the podcast (Use this link to listen on Apple devices) Subscribe to this podcast via RSS or iTunes Subscribe to this podcast by email Featured in this month’s podcast: New California statute protects against Brady List abuses Another arbitrator weighs in on Brady List and discipline Heart-lung presumption applies to diseases with no known cause If time limits in bill of rights not…

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First Thursday, October 2013

Download the podcast (Use this link to listen on Apple devices) Featured in this month’s podcast: Facebook ‘like’ is protected speech New legislation out of California Early guidance sheds light on impact of employee benefit plans Union can conduct simultaneous disciplinary investigation Layoff by seniority within scope of bargaining City required to abide by wage terms in contract The ‘Brady Rule’ and arbitration Arbitration…

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