Public Employees

News & Analysis as of

Court of Appeal Strikes Down 2011 S.F. Charter Requirement that SFERS Be "Fully Funded" Before Vested Supplemental COLAs May be...

In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City...more

State Employees Seek to Join Governor Rauner in Lawsuit against Fair Share Fees

Last week, three State of Illinois employees filed a motion to intervene in Governor Rauner’s lawsuit challenging fair share fees, which is currently pending in federal court in the Northern District of Illinois. Meanwhile,...more

Pension News

In This Issue: - Budget Reforms - DC Charges and Governance - Department for Work and Pensions - Legislation - Public Service Pension Schemes - Other News - On the Horizon - Excerpt from...more

EEOC Holds Twitter Chat on Implementation of Section 508 of the Rehabilitation Act

EEOC, DOL and OPM Encourage a Dialogue on Removing Barriers for Federal Workers - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will hold a live Twitter chat on Thursday, April 2 from 1:00 to...more

Maine to Pay Out $142,500 to Settle Whistleblower Suit

The state Department of Health and Human Services in Maine will pay $142,500 to a former employee as a part of a settlement for a federal whistleblower suit. That employee is Sharon Leahy-Lind, who was at one time a...more

What You Didn’t Say Can Be Used Against You in a Court of Law: Perceived Speech is Not Protected Speech

What some might charitably consider a loophole in First Amendment protections of public employees received deferential treatment recently by the Third Circuit. ...more

Texas Supreme Court Opinions (3/15) - Part 2

No. 13-0338, University of Texas at Arlington v. Williams - This appeal addresses whether the recreational-use statute (Tex. Civ. Prac. & Rem. Code §§ 75.001-007) covers a spectator at a sporting event....more

Enhance Diversity & Inclusion Efforts in Four Areas CFPB, Audit Recommends

Last week, the Office of Inspector General published its findings following an audit assessing the CFPB’s human resources-related operations and other efforts for equal employment. The audit, which was conducted in response...more

CFPB OIG Report on Agency’s Diversity and Inclusion Efforts Calls for Enhancement

On March 4, the CFPB Office of Inspector General (OIG) issued a report on its audit of the CFPB’s diversity and inclusion efforts, which was completed at Congress’s request. The report outlines its findings, noting that while...more

Governor LePage Pushes Right to Work Legislation

Governor Paul LePage is aggressively pushing LD 489, An Act to Ensure the Right to Work without Payment of Dues or Fees to a Labor Union as a Condition of Employment. Current law allows public employees to opt out of joining...more

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

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