News & Analysis as of September 24, 2024

Public Employees

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

Carlton Fields on 6/29/2023

New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Court Affirms Reinstatement of A School Bus Driver Who Tested Positive For Drug Use

Tucker Arensberg, P.C. on 6/25/2018

Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

McNees Wallace & Nurick LLC on 1/16/2018

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

Another Tidal Wave of New California Laws Will Impact Employers in 2018 and Beyond

Epstein Becker & Green on 12/22/2017

Earlier this month, the American Tort Reform Foundation released the 2017–18 “Judicial Hellholes” list. California came in second, surpassed only by Florida as the nation’s top “Hellhole.” This inauspicious recognition comes,...more

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

Best Best & Krieger LLP on 8/3/2017

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

MEA's 30 Day Window for Opt-Out Violates PERA

Clark Hill PLC on 5/9/2017

On May 2, 2017, the Michigan Court of Appeals affirmed a unanimous ruling by the Michigan Employment Relations Commission ("MERC") that the Michigan Education Association ("MEA") committed an unfair labor practice and...more

Disciplinary Investigations of Employees – Three Names to Know

Pullman & Comley - School Law on 7/15/2015

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

Bennett Jones LLP on 7/14/2015

The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of...more

Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an...

Franczek P.C. on 7/3/2014

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and...more

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