News & Analysis as of

Court Dismisses Police Officers’ Class Action Complaint Regarding Anti-Tattoo Policy

In a recent order in Medici, et al. v. City of Chicago, Case No. 15 C 5891, 2015 WL 6501153 (N.D. Ill. Oct. 27, 2015), Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois dismissed a...more

California Reaffirms First Amendment Right to Record Police in Public

As deputy U.S. marshals detained a group of people in Beatriz Paez’s neighborhood, the 34-year-old South Gate, Calif. resident began recording the incident. Video from another camera-wielding bystander rolls as a different...more

OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees:...

An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to issue a public response to a “smear campaign” by one employee and his lawyer against non-racialized...more

In Drafting Company-Issued Device And BYOD Policies, Don’t Forget The Wage And Hour Issues.

I’ve been holding my breath waiting for the decision by the U.S. District Court for the Northern District of Chicago in the Allen v. City of Chicago overtime collective action before giving you a blog post on this case. The...more

NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more

When is a Vehicle Not a “Vehicle”?

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

Stacy Allen Speaks: Newsroom Victories During the 2015 Texas Legislative Session

Sometimes, killing a bad bill can be as important as enacting a good one. So it was for newsrooms during the 2015 session of the Texas Legislature. My partner Paul Watler and I were privileged to assist the Texas Association...more

New York City Offers Guidance for Employers on the Use of Credit History in Employment Decisions

As we blogged about previously, Mayor Bill De Blasio signed into law the Stop Credit Discrimination in Employment Act (“SCDEA”) in May. The SCDEA went into effect on September 3, 2015 and it prohibits employers from using an...more

PAC Finds Village Board in Violation of OMA on Multiple Counts

The PAC recently issued a binding opinion ruling against a local village board for failing to provide proper notice and state a valid exception to enter closed session in violation of the Open Meetings Act (OMA). In PAC...more

When Going to Work is Work: McMorris v. New Haven and the Workers’ Compensation Act

Generally speaking, our workers’ compensation laws provide certain benefits for injuries arising out of or in the course of employment. Certain employees (police officers and firefighters) are referred to as “portal to...more

An Apple a Day May Increase Their Pay: Employees Seek Pay For Checking Emails After Hours

Hold the iPhone —a recent lawsuit by a group of Chicago police officers should have employers on high alert—at least those who permit, officially or not, non-exempt employees to do anything business-related on a mobile...more

California Supreme Court Holds Prosecutors Must File Pitchess Motions to Examine Police Personnel Records

Law Enforcement Agencies Should Seek Guidance When Prosecutors Ask to Review Officer-Witness Files - Prosecutors do not have unfettered access to confidential personnel records of police officers who are potential...more

U.S. Supreme Court Upholds Privacy Rights for Los Angeles Hotel Operators

In a win for privacy advocates, the U.S. Supreme Court ruled that a City of Los Angeles municipal ordinance permitting warrantless police searches of hotel registries is unconstitutional. The subject ordinance (Los Angeles...more

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

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 Crime Tracking System Interfaces Various Technologies in Fresno

A new technology hub will control and interface all of the various technologies in play, the Fresno Police Department announced this week. The system, called Real Time Crime Center, monitors the network of cameras and sensors...more

Employer investigations

The case concerned four police officers' claims against the Metropolitan Police Commissioner (the Commissioner) (their quasi-employer) for the way the Commissioner handled a claim by a suspected terrorist alleging police...more

Supreme Court Decides Kingsley v. Hendrickson

On June 22, 2015, the U.S. Supreme Court decided Kinsgley v. Hendrickson, No. 13-1175, holding that to prove an excessive force claim, a pretrial detainee need show only that an officer’s deliberate use of force was...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting The Workplace

The 2015 session of the Connecticut General Assembly has just concluded. The following is a concise description of employment-related bills that were passed by the General Assembly that may be of interest. A more...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

New York City Passes Ban-the-Box Legislation Affecting Private Employers

On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. Sponsored by New York City Council Member Jumaane Williams (D-Brooklyn), the Act amends the New York City Human Rights...more

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed...more

Stock-Not So-Well: Officers Denied Class Certification Of Age Discrimination Claims (Again)

As we reported here to our loyal blog readers, in April 2014, the Ninth Circuit overturned an order denying class certification of age discrimination claims filed by a group of police officers in Stockwell v. City & Cnty. of...more

New York City Prohibits Discrimination Based on Credit History

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more

Supreme Court Update: Comptroller v. Wynne (13-485) And San Francisco v. Sheehan (13-1412)

We're back with the two remaining decisions from Monday, Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412), two split decisions featuring strange bedfellows. The Justices' philosophical differences...more

SC Public Policy Update - April 2015 #2

HOUSE - The House of Representatives spent the last two weeks working in committees and trying to get bills passed out of the House prior to the May 1st cross-over deadline. For a bill to be considered during this...more

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