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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Akron Fire Promotional Case Slogs On

You know it’s probably going to be messy when a federal appeals court starts off its opinion by commenting that “the parties have been litigating this case with remarkable vigor and venom since 2008. After two trials and multiple appeals, the parties remain unwilling to settle their differences.” “This case” is a multi-faceted challenge to the 2004 Akron Fire Department promotional examinations. One set of unsuccessful promotional candidates alleged…

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Exam Cheating Remedy Went Too Far

A group of firefighters brought a class action lawsuit against the City of Atlanta alleging that the City breached its employment contracts with the firefighters as well as an obligation under state law to provide a fair and impartial promotional process by failing to prevent cheating on a fire lieutenant promotional exam. After a jury returned a verdict in favor of the firefighters finding that the exam had been…

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Promotional Test Need Not Be Based On Materials Pertinent To Particular Employer

Over the years, the M.O.C.H.A. Society of Buffalo, Inc., a fraternal organization of African American firefighters in Buffalo, New York, has brought a number of race discrimination lawsuits against the City of Buffalo. The latest lawsuit involved a fairly unique question: Can an employer show that promotional examinations having a disparate impact on a protected class are job related and supported by business necessity when the job analysis that…

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