Category: Questions and Answers

Q & A

From Illinois:Question: In regard to USERRA, can an officer who is on Orders have their probationary period for work extended to cover the leave time?

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Q & A

From Rhode Island:Question: Are there any good resources (policies or cases) dealing withthe issue of legalized recreational marijuana and police in terms of any departmentsthat

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Q & A

From Illinois:Question: Several years ago the City bargained for random drug testing of police officers. The contract states: “Employees covered by this Agreement shall be

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Q & A

From Oklahoma:Question: Is there a reasonable amount of time the City has to administer discipline? Meaning if an incident took place approximately 11 months ago

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Q & A

From Michigan:Question: I just finished listening to this month’s podcast. At the end of the podcast, you talked about what if the sergeant had no

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Q & A

From Washington:Question: What is your understanding of case laws and court rulings regarding physical fitness tests? Can a department require them? Can punishment be handed

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Q & A

From Michigan:Question: How long can an arbitration decision in one case, be used as a precedent in another similar case within the same agency? For

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Q & A

From New Jersey:Question: What impact issues are negotiable in regards to body worn cameras? Answer: The answer varies a bit from state to state, but

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Q & A

From Washington:Question: If a state can’t balance their budget, can they take from state employee (police) pensions? Can police officers lose our pensions for a

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Q & A

From New York:Question: I have a union member that took a voluntary demotion due to some misconduct. The settlement agreement which was signed does not

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Q & A

From Washington:Question: Would you be willing to comment on a situation regarding sick leave? Our CBA is silent on the issue of using sick leave

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Q & A

From Washington:Question: Can an employer mandate/require an officer to get the COVID-19 vaccine to continue working? Do you see guilds/unions challenging this and how do

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Q & A

From New Jersey:Question: Can an employer mandate COVID-19 testing twice a week for some of its employees? And can they take a person’s saliva? Is

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Q & A

From Illinois:Question: We are updating our tattoo policy and I have been researching any cases that address covering of off-duty tattoos that are offensive, due

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Q & A

From Arizona:Question: I was wondering if you had any case law specific to masks and religion or anything you could point me to that predates

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Q&A

From Louisiana:Question: During an IA investigation, an employee asked for a meeting with his union representative. At this meeting, the employee admitted fault to the

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Q&A

From Florida:Question: I have a question regarding the City of Tampa’s practice of temporarily rescheduling a police officer’s work schedule in order to staff a

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Q & A

From New Jersey:Question: As a member of the FOP executive board, my deputy chief told me he is going to change a practice that involves

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Q & A

From Washington:Question: Can a patrol squad sergeant institute a DUI arrest competition among the officers of his/her squad and then compel the “losing officer” to

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Q & A

From FloridaQuestion: Does being informed that the employee is a witness in an investigation negate the witness from asking for representation under Weingarten? He reasonably

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Q & A

From OklahomaQuestion: I work for a municipal law enforcement agency in Oklahoma. Nothing in the FLSA relieves employers from their contractual obligations under a collective

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Q & A

From New Mexico Question: Where in the FLSA does it say that work hours can’t be adjusted to avoid the payment of overtime? Answer: The

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Q & A

From Iowa Question: Do Garrity rights apply during an internal investigation (administrative investigation) for police officers who are not the subject of the investigation but

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Q & A

From Arizona Question: A firefighter was working a fire and went to Re-hab after the fire was out. In Re-hab, the firefighter had elevated CO

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Q & A

From Florida Question: I’ve often heard from my union’s legal defense plan that we cannot go to arbitration for a written reprimand because the grievant

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