News & Analysis as of

Public Employees

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

Through Rain, Sleet, or Snow: The USPS Delivers a Helpful Example of Well-Executed Employment-Related Internal Investigations

by Foley & Lardner LLP on

Remember when the U.S. Postal Service (USPS) conjured up images of disgruntled employees engaging in workplace violence? Those days of incidents, often sparked by employee discontent over unresolved labor grievances and...more

California Supreme Court Rules Public Employees Personal Email Accounts are Subject to California Public Records Act

Earlier this month, the California Supreme Court issued an important ruling regarding the California Public Records Act (“CPRA”) (Govt. Code §6250 et seq.) and held that writings of a public employee may be subject to the...more

Hot List – What’s Happening in the California Legislature 3/27-3/31

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

by Franczek Radelet P.C. on

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...more

Federal Appeals Court Upholds Dismissal of Public Employee For Failing Random Drug Test

by Jackson Lewis P.C. on

The Unified Government of Wyandotte County/Kansas City, Kansas did not violate a public employee’s Fourth Amendment rights by requiring the employee to submit to a random drug test or by terminating his employment when he...more

Scope of Pennsylvania's Whistleblower Law Examined

As if Counties could forget that Court employees are just a little different, the Commonwealth Court of Pennsylvania sent us another reminder when the Court held that the Pennsylvania Whistleblower Law does not apply to...more

California Supreme Court: Government Communications on Private Accounts Are Public

by Latham & Watkins LLP on

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

by Holland & Knight LLP on

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent...more

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

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

by Allen Matkins on

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

by Best Best & Krieger LLP on

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

Is a Private Email a Public Record? Context Matters!

by Best Best & Krieger LLP on

In deciding last week that communications on public agency employees’ private devices may be subject to disclosure under the Public Records Act, the California Supreme Court included some direction to help make the...more

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

by Nossaman LLP on

In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more

California Supreme Court Upholds Public Retirement Boards' Fiduciary Role When Adjudicating Disability Retirement Applications

by Nossaman LLP on

In a victory for the San Bernardino County Employees’ Retirement Association (“SBCERA”) and the nineteen other county retirement systems administered under the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et...more

Utah employee had no constitutional right to continued employment

by Kirton McConkie PC on

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Paid Administrative Leave: There Ought To Be A Law

You've had your coffee and you're on your way to the office. You have had a fine career in public service and you're at the pinnacle of your profession. You like your job and privately congratulate yourself for helping people...more

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