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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Elizabethton Approves Then Reverses Police Promotion, Decision Could Impact 23 Officers

ELIZABETHTON, TN – The City of Elizabethton is backtracking after previously approving the promotion of a police officer. Officer Matt Taylor is challenging the way the city promotes its police officers, arguing he deserves the rank of corporal, along with a more than $4,000 raise and back pay. If the officer wins more than half of the police department could make the same argument, potentially costing Elizabethton hundreds of…

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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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Pa. Supreme Court: Fire Commissioner Decides When To Fill Vacancies

The state Supreme Court ruled Monday that the Philadelphia Fire Commissioner has discretion in deciding when to promote firefighters and fill positions. The 3-1 ruling came after a lengthy battle between the city and the firefighters union, IAFF Local 22, over a promotional list that the city allowed to expire while the department had vacancies for captains and lieutenants. “This confirms what is called ‘managerial prerogative,’” Elise Bruhle, who…

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