News & Analysis as of

Firemen

Unpaid Volunteers Are Not Covered By New Jersey’s Whistleblower Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New Jersey’s Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act (“CEPA”), finding that plaintiff, an unpaid volunteer...more

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Social Media Lesson for Employers: Recent $1.5 Million Retaliatory Discharge Verdict

by McNair Law Firm, P.A. on

On May 11, 2017, a federal jury in Charlotte, North Carolina awarded a former fire department employee, Crystal Eschert, a $1.5 million verdict in a retaliatory discharge lawsuit that teaches powerful lessons in today’s...more

Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing...more

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

by Downs Rachlin Martin PLLC on

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

Illinois Supreme Court Holds Occupational Disease Pension Does Not Trigger Health Insurance Benefits

by Sedgwick LLP on

In 2003, the Illinois Supreme Court held that anyone who qualified for a line-of-duty pension under section 4-110 of the Illinois Pension Code qualified as having a “catastrophic injury” within the meaning of Section 10(a) of...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

by Dentons on

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

Fox News Opinions Get Wide Berth Under Defamation Law

by Foley & Lardner LLP on

Megyn Kelly and other Fox News commenters did not defame a Wisconsin firefighter when they said it was “not right,” “disgusting,” and a “fraud” that he “exploited [a] supposed injury” to collect disability benefits “for...more

British Columbia Arbitrator Reinstates Firefighter Convicted of Possession of Stolen Boat

by Dentons on

In a recent grievance decision, Re Prince George and Prince George Firefighters, Local 1372 (Williams), 2016 CarswellBC 2591, a labour arbitrator reinstated a firefighter whose employment was terminated after being found...more

Eleventh Circuit Affirms Dissolution Of Class Action Consent Decree Due To Plaintiffs’ Inaction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh...more

Employment Legislation Summary: 2016 Session - Connecticut General Assembly

by Shipman & Goodwin LLP on

In its 2016 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2016. The following material summarizes these new laws, but the...more

San Bernardino County: Hey drone operators, if you fly, we can’t

This week the San Bernardino County issued a warning to drone operators: If you fly, we can’t. Just this year, several fire-fighting tanks have been diverted away from their targets in San Bernardino County due to the...more

Connecticut General Assembly Addresses Several Employment-Related Bills in Shortened Session

by Shipman & Goodwin LLP on

The “short” session of the Connecticut General Assembly’s biennial term ended on May 4, but there were several employment-related bills that passed in the session’s final days and hours. While most of these bills are still...more

Court upholds arbitrator’s imposition of 24-hour shift for firefighters, despite city’s safety concerns

by Dentons on

In a previous post, we reported that an arbitrator had accepted a union’s request to impose 24-hour shifts for the City of St. Catharines’ firefighters, in spite of the city’s safety concerns. A court has now upheld the...more

What Does the Trust Requirement of ERISA Mean?

ERISA requires that plan assets be held in trust so that they are protected from claims of the employer. With pension plans, it is generally easy to determine when assets become plan assets and when they should be held in...more

New Haven Firefighters Sue Over Overtime Miscalculation

On September 1, 2015, a total of 174 current and former firefighters filed a lawsuit against the City of New Haven (the “City”) seeking, among other things, back pay, liquidated damages, interest and attorney’s fees. The...more

Support from the LA City Council for more public safety protections against drone use

The Los Angeles (LA) City Council (the Council) decided it would join the widespread efforts for more drone legislation, and endorse a series of federal and state legislation related to the use of drones and public safety...more

Drone on Drones: Nation’s First Drone Ban Passed

by Best Best & Krieger LLP on

The Poway City Council approved an urgency ordinance temporarily banning the use of drones throughout most of the City this week amid concerns that the UAVs could hamper firefighting efforts. Poway is the first city in the...more

Arbitration board imposes 24-hour firefighter shift, despite employer’s safety concerns

by Dentons on

An interest arbitration board has imposed a 24-hour shift for firefighters employed by the Ontario City of St. Catharines, despite the city’s strenuous objections based largely on safety concerns. The City and...more

Commonwealth Court Affirms, Expands Public Employers’ Ability to Control Manning, Pension Costs through Collective Bargaining,...

by Ballard Spahr LLP on

The Commonwealth Court of Pennsylvania significantly strengthened public employers’ ability to address rising costs by holding that minimum shift manning requirements are a non-bargainable managerial prerogative. The court...more

NYC Mayor Signs “Ban the Box” Legislation Prohibiting Criminal Background Inquiries Prior to Offers of Employment

by Davis Wright Tremaine LLP on

On Oct. 27, 2015, the new NYC Fair Chance Act ( “FCA”), recently signed into law by Mayor Bill de Blasio, takes effect. The FCA prohibits most New York City employers from making inquiries into an applicant’s criminal...more

New York Court of Appeals Applies Federal Impact Analysis Under State Law

Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate...more

PLRB Issues Controversial Ruling on Volunteer Fire Companies

Recently, the Pennsylvania Labor Relations Board (PLRB) issued a Final Order indicating that members of a volunteer fire company which provided coverage to a local borough were actually Borough employees.   In doing so...more

Legislation Passed Relating to Full-Time Employees under Affordable Care Act

by Franczek Radelet P.C. on

The House passed the Save American Workers Act (H.R. 30), which would redefine full-time employment under the Affordable Care Act (ACA) from 30 hours to 40 hours per week for purposes of the employer mandate, thereby...more

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