News & Analysis as of

Public Employees

Proposed UK Corporate Governance Reforms Target Executive Pay Justification, Employee Engagement

by Jones Day on

The Situation: The UK government has proposed several corporate governance reforms in an effort to improve transparency and accountability in private and public employers....more

Ban on Officers Discussing K9 Program Violated First Amendment - Ninth Circuit Decision on Nevada State Highway Patrol Prior...

by Best Best & Krieger LLP on

Regulating speech by government employees is difficult enough. Disciplining an employee for violations of speech policies is degrees of difficulty greater. And, imposing a prior restraint on employee speech is perhaps the...more

Virginia Supreme Court Opinions Affecting Local Government Law: December 2016 and March, April, June, and August 2017

by Sands Anderson PC on

Happy Fall! The Virginia Supreme Court issued a number of opinions since my last update affecting local government law. Its work resulted in opinions addressing...more

Ruling Sheds Light on Meaning of “Public Employee” under Maine’s Municipal Labor Law

by PretiFlaherty on

Maine’s Superior Court recently affirmed a decision from the Maine Labor Relations Board (MLRB) finding that two municipal supervisory employees were “public employees” with the right to collectively bargain under Maine’s...more

Public Official or Private Citizen? In Free Speech Cases, Courts Must Decide

by Ballard Spahr LLP on

First Amendment retaliation claims may be getting harder to pursue for state employees, as courts seem increasingly likely to view speech as part of the employees' roles as public officials rather than as private citizens....more

Can they Resign? Privacy Issues for Iowa Public Employers

by Davis Brown Law Firm on

In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more

Massachusetts AG Sues Student Loan Servicer

by Goodwin on

On August 23, 2017, Massachusetts Attorney General Maura Healey announced that her office had sued one of the nation’s largest federal student loan servicers, alleging that the servicer deprived public servants of relief...more

California Supreme Court Rules That Independent Contractors Are Not Excluded From Section 1090’s Conflict Provisions

by Downey Brand LLP on

The California Supreme Court ruled on June 26, 2017 in People v. Superior Court of Riverside County that the Government Code prohibition against a public employee or officer’s participation in contracts in which that person...more

Employee Must Pay Union Dues If the Employee Fails to Timely Revoke Dues Checkoff Agreement

by Clark Hill PLC on

On August 10, 2017, the Michigan Court of Appeals finally delivered an opinion on the lawfulness of so called "window periods" for revoking union dues obligations (as opposed to union membership) for Michigan public sector...more

Yes, Neo-Nazis At Charlottesville Can Be Legally Fired From their Jobs

by Fox Rothschild LLP on

First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend. Our hearts go out to the families and friends of Heather Heyer, Lt. H. Jay Cullen, and...more

Can a Legislature Really Change a Collective Bargaining Agreement?

by Shipman & Goodwin LLP on

With all of the talk about the financial difficulties faced by the government, I, and others in here, sometimes get the question of whether the State of Connecticut or other states might try to change the laws on collective...more

New Jersey Supreme Court Says Salary Step Increments are Negotiable, but Avoids Dynamic Status Quo Issue

by Genova Burns LLC on

In a highly anticipated decision, the New Jersey Supreme Court held that the issue of salary step increments is a mandatorily negotiable term and condition of employment. However, the Court did not decide whether New Jersey’s...more

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

by Best Best & Krieger LLP on

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

Employment Law Letter - Summer 2017

by Shipman & Goodwin LLP on

How often does the Supreme Court of the United States decide a case that specifically affects a Connecticut employee? And how often are its decisions unanimous? Both occurred recently when the high court reviewed a dispute...more

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

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