Public Employees

News & Analysis as of

Justice Department and Equal Employment Opportunity Commission Sign Memorandum Of Understanding to Further the Goals of Title VII...

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice's (DOJ) Civil Rights Division yesterday signed a new Memorandum of Understanding (MOU) to further the goals of Title VII...more

Paid Sick Leave Laws on the Rise

In his State of the Union address, President Barack Obama revealed his plans to expand on Family and Medical Leave Act (FMLA) protections by guaranteeing paid sick time for employees. Obama will start this initiative with...more

Virginia Supreme Court Opinions Affecting Local Government Law – February 26, 2015

This term resulted in two cases which, in our opinion, affect Virginia local government law.  One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision....more

ERISA: Sometimes A Government Employee’s Benefits Could Be Governed By ERISA?

You already know that employee benefit plans established by governmental entities are exempt from ERISA. But ERISA might apply if the employee benefit for the government employee is established through an association....more

Latest Developments from the Connecticut General Assembly: February 24 and 26 Public Hearings

As we promised previously, we will be keeping you up to date with developments in the General Assembly. A. On Tuesday, February 24, 2015, the General Assembly’s Labor and Public Employees Committee will conduct an “off...more

Compensation for injured federal employees

Alabama employees who work for the federal government are covered by the Federal Employees' Compensation Act, a law that governs the conduct of their employer towards them in the case of a work-related injury. Injuries that...more

Week in Review - February 2015 #2

Pay Raises - Gov. Mark Dayton and the Republican House are sparring over state agency commissioner pay. Last month, Dayton increased pay for 26 commissioners and department heads by a total of $802,000. Republicans say...more

Public Entity May Seek to Recover All Proceeds Derived From a Tainted Contract

Private contractors who provide financial benefits to government employees of agencies with whom they contract will face forfeiture of all proceeds and profits derived from such tainted contracts, an appellate court recently...more

Governor Rauner Issues Order Eliminating Fair Share Fees

Yesterday, Governor Bruce Rauner signed Executive Order 15-13 eliminating “fair share” fees paid by state employees who choose not to join a union. At the same time, Rauner filed a complaint in federal court seeking a...more

Sixth Circuit Finds Faulty Handbook Bars Employer from Challenging Employee’s Eligibility for FMLA Leave

The Sixth Circuit recently held that a Michigan county agency was barred from arguing that its employee was ineligible for leave under the Family and Medical Leave Act (FMLA), because the employee relied on an inaccurate...more

Pensions at the Constitutional Convention, Part I: The New Jersey Spina Decision

One of the central issues in the ongoing battle, now pending before the Illinois Supreme Court, is about what the delegates to the Constitutional Convention of 1970 who adopted Illinois’ Pension Protection Clause understood...more

Nossaman Comment on Recent Court of Appeal Decision re Constitutionality of PEPRA

Much has been made of the recent Court of Appeal decision resolving a challenge to the Public Employees' Pension Reform Act of 2013 (PEPRA), Deputy Sheriffs' Assn. of San Diego County v. County of San Diego (Jan. 22, 2015,...more

California Public Employees’ Pension Reform Act Of 2013 Partially Violates Prohibition Against Impairment Of Contracts When...

In Deputy Sheriffs' Association of San Diego County v. County of San Diego, et al., (January 11, 2015, D065364) 2015 WL 273138, the Fourth District Court of Appeal held that the provisions of the California Public Employees'...more

Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more

City of Chicago Expands “Ban the Box” Law to Smaller Employers and City Agencies

Effective January 1, 2015, the City of Chicago expanded the coverage of Illinois’s “ban the box” law within city limits. The amended Human Rights Ordinance, Section 2-160-010 of the Municipal Code of Chicago, effectively...more

Federal Workers’ Compensation

I do not practice federal workers’ compensation law, but recently met an excellent attorney at a national work comp conference who does handle these cases. As he explains in his guest post below, while you may live in...more

Annual Compensations Must Be Posted by Local Government Agencies in California

Law That Takes Effect Jan. 1 Requires Sharing Public Employee Pay Information Online - Starting Jan. 1, local public agencies will be required to post information on the annual compensation of their elected officials,...more

Illinois Supreme Court Agrees to Decide Whether Pension Board's Disability Finding is Preclusive in Employee Benefits Act...

In the closing days of its November term, the Illinois Supreme Court agreed to decide whether a pension board’s finding that an officer is disabled for pension purposes is preclusive of the employer’s liability for health...more

What is the Illinois Public Employee Disability Act?

The Illinois Public Employee Disability Act was passed in 1997 to protect public employees who face dangerous conditions in the line of duty. According to the U.S. Bureau of Labor Statistics, 5.6 out of 100 public employees...more

Pension News - October 2014

Welcome to DLA Piper’s Pensions News publication in which we report on recent developments in pensions legislation, guidance and case law, as well as keeping you up to speed on what to look out for in the coming...more

Legislation That Makes Minimum Manning for Firefighters a Mandatory Subject of Bargaining Awaits Governor’s Signature

Last week, the Illinois Senate passed House Bill 5485, and the bill now awaits action by Governor Quinn. If signed by Governor Quinn, the bill would immediately go into effect and amend the Illinois Public Labor Relations Act...more

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis. In...more

Federal work refusals now require “imminent or serious threat”

Federal employers have a new definition of “danger” to apply, and an updated work refusal process to use, effective October 31, 2014. The federal government amended the definition of “danger” to, according to a...more

New Sick Leave Rights For Massachusetts Employees Raise Concerns For Employers

On November 4, 2014, Massachusetts voters approved a new law, which will be codified at G.L. c. 149, § 148C, providing sick leave rights to all private employees in the state and most public employees. The law goes into...more

Sex, Lies, and The FOIA: Wotjas v. Town of Stonington and The Disclosure of Sexual Harassment Complaints, Regardless of “Guilt.”

This author wrote previously on the status of sexual harassment investigations under the Freedom of Information Act [”FOIA”]. In a case that has grabbed some notoriety; the Freedom of Information Commission [“FOIC”] has...more

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