News & Analysis as of

Public Employees

Yahweh v. City of Phoenix

Arizona Court of Appeals Reinforces Notice of Claim Requirement - Last week, the Arizona Court of Appeals affirmed the dismissal of a case against the City of Phoenix for plaintiff’s failure to comply with the notice of...more

Connecticut Independent Schools Required to Perform Background Checks on Potential Employees Effective July 1, 2017

by Shipman & Goodwin LLP on

In 2016, Connecticut passed legislation that significantly expanded the scope of background check requirements for public schools when hiring new employees. That law, colloquially referred to as the “Pass the Trash” bill,...more

Ninth Circuit Finds Small Government Subdivisions Subject to ADEA

The Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. For years, small local governmental units have understood that they are exempt from ADEA jurisdiction based on the actual...more

The Supreme Court - June 23, 2017

by Dorsey & Whitney LLP on

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

CFPB Rolls Out Student Loan Servicing Campaign Focusing on Public Service Loan Forgiveness Program

Despite the uncertain future of the Public Service Loan Forgiveness program, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray partnered with North Carolina’s Attorney General Josh Stein to roll out a new...more

CFPB issues report highlighting student loan complaints from borrowers working in public service; updates examination procedures

by Ballard Spahr LLP on

In conjunction with its public event yesterday on student loan servicing, the CFPB issued a new report, “Staying on track while giving back.” The report, which provides a mid-year update on student loan complaints,...more

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or...more

Do Read the Fine Print – California’s Recent Budget Makes a Number of Labor and Employment Policy Changes

by Fisher Phillips on

Last week, (by their constitutional June 15 deadline) the California Legislature passed and sent to the Governor a $184.5 billion budget for fiscal year 2017-18. Most of the media attention focused on tobacco tax...more

Pensions Round-Up - May 2017 (UK)

by DLA Piper on

Welcome to the latest edition of DLA Piper’s monthly newsletter – Pensions Round-Up – in which we provide an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Proving unlawful discrimination – lackadaisical attitude of investigator does not amount to discrimination

by Dentons on

Evidencing unlawful discrimination can be difficult, usually because there is often no way to evidence why a person has acted in the way that they have. The law recognises this difficulty and reflects it in its rules relating...more

New Criminal and SEC Charges Signal Aggressive Enforcement of Insider Trading Liability for Disclosure of Political Intelligence

by Ropes & Gray LLP on

On May 24, 2017, the U.S. Attorney’s Office for the Southern District of New York (“SDNY”) and the U.S. Securities and Exchange Commission (“SEC”) announced insider trading charges relating to a scheme in which a federal...more

Government Employees Can’t Hide Behind Their Private Email Accounts: California Supreme Court Expands Public Records Definition To...

by Weintraub Tobin on

The use of private email servers and communications devices by government officials was a major issue in the 2016 election, from the investigation of Hillary Clinton’s email practices to the hacking of a private email account...more

Public Employers Beware: SCOTUS Refuses to Review City Employee Overtime Appeal

On May 15, 2017, the Supreme Court of the United States rejected the City of San Gabriel, California’s attempt to overturn the Ninth Circuit Court of Appeal’s expansive interpretation of what employers must include as “wages”...more

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

by Clark Hill PLC on

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

Unreliable Anonymous Tip Could Not Form Basis Of Reasonable Suspicion Drug Test By Public Employer

by Jackson Lewis P.C. on

A public employee established a Fourth Amendment violation by several individual supervisors of his former employer when they selected him for reasonable suspicion drug testing – and later discharged him — based on an...more

Appellate Court Upholds City of San Diego’s Pension Reform Measure Against Unfair Labor Practices Charge

by Reed Smith on

In City of San Diego v. Public Employee Relations Board (April 11, 2017), the Fourth District Court of Appeal considered an unfair labor practices challenge brought by unions against the city of San Diego under the state’s...more

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

Fourth Circuit Upholds Termination of Public Employee for Social Media Comments

A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - April 2017

We earlier had written on Working Together about the proposed bills that the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee at its February 21, 2017 and March 2, 2017...more

Federal Court: Maryland Fair Employment Practices Act Requires Employer to Consider Jobs Other than Employee’s Current Job When...

In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was...more

Public Records Act And The Price Of Privacy: Part 2

In part 1 of this two-part series we discussed how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change....more

Public Records Act And The Price Of Privacy: Part 1

In part 1 of this two-part series we’ll discuss how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change....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

The Survival of Abood v. Detroit Board of Education, Part 3

by SmithAmundsen LLC on

Exactly a year ago today in what now appears to be a temporary reprieve, the United States Supreme Court issued its decision in Friedrichs v. California Teachers Association. An “equally divided court” affirmed the judgment...more

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