Public Employers

News & Analysis as of

New York Governor Signs Executive Orders To Address Wage Gap

On January 9, 2017, New York Governor Andrew Cuomo issued two executive orders aimed at addressing the perceived gender, race, and ethnicity-based wage gaps. Noting that the state government must lead by example and ensure...more

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the...more

EEOC Issues Regulations on the Federal Government’s Obligation to Engage in Affirmative Action for People with Disabilities

New Rule Implementing Section 501 of the Rehabilitation Act Sets Employment Goals for Federal Agencies - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today published regulations explaining what...more

Police Employers Beware — Benefits Payments Under General Municipal Law Section 207-c May Not Shield You From Tort Claims

Municipal police employers who thought that their payment of benefits to injured police officers under General Municipal Law Section 207-c shielded them from tort claims brought by those injured officers need to think...more

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more

Ban the Box, But Do Your Due Diligence

Connecticut has now joined other states with its passage of “ban the box” legislation which expressly limits the types of questions that can be asked of applicants on initial employment applications. Many states and...more

Recording Conversations in the Workplace—Take Two: Can an Employer Have a Policy Forbidding the Recording of Conversations in the...

Our October 7th blog post explored the question whether or not employers could legally record conversations in the workplace. The answer was of course . . . it depends. But that blog generated a new question from our...more

New IRS Guidance on Deferred Compensation for Tax-Exempt and Governmental Employers

Tax-exempt and governmental employers do not pay Federal income tax and therefore, unlike for-profit entities, are not affected by the timing of tax deductions relating to the payment of compensation. Tax authorities are...more

IRS Guidance on Section 457: What Non-Profit and Governmental Employers Need to Know (Part 2)

We're back with the second installment in our series on the IRS's Section 457 proposed rules. The first alert covered Section 457(f) basics and discussed the meaning of "deferred" compensation....more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

IRS Guidance on Section 457: What Non-Profit and Governmental Employers Need to Know (Part 1)

There has been a lot of buzz recently about the long-awaited proposed rules issued by the Internal Revenue Service under Internal Revenue Code Section 457. Section 457 only applies to non-profit and governmental employers and...more

JSH Attorneys Conquer Employment Discrimination Case Against A Local County

Jones, Skelton & Hochuli attorneys Michele Molinario, Justin Ackerman, and Amelia Esber prevailed by summary judgment in an employment discrimination case against a local County, and various County employees. The case...more

Kansas Amends Concealed Carry Law for Public Employers

On July 1, 2016, the Kansas concealed carry law will change. A public employer may no longer prohibit an employee from carrying a concealed handgun on the job. In addition, a municipality must now have adequate postings,...more

Arbitrator rules BC employer must reinstate employees on long-term disability after non-culpable terminations

In a British Columbia arbitration, Township of Langley v. CUPE, Local 403, No: A-014/15, the arbitrator was considering a grievance concerning the non-culpable termination of three employees of the Township of Langley who had...more

Appellate Division Reverses PERC Decision on Dynamic Status Quo

For many years, public employers were required to pay increments on an expiring salary guide for its unionized workforce under a doctrine known as the dynamic status quo. This doctrine was created by the Public Employment...more

New Employment Laws for California Public Employers

As in years past, 2016 brings important changes to employment laws in California — a state that continues to be a challenging environment for employers. Employment issues ranging from healthy workplaces and gender...more

Form W-2 and 941 Actions May Be Required Immediately for Retroactive Increase in Section 132 Transit Benefits

The Consolidated Appropriations Act of 2016 (the Act) retroactively increased the 2015 employer and employee Federal Insurance Contributions Act (FICA) and Federal Income Tax exclusion limit for transit benefits, from $130...more

Ch-Ch-Changes? Mandatory Fees for Public Employees At Issue Before the Supreme Court

First things first. My favorite David Bowie song is “Heroes” (though I remember really being struck by its use in the 2001 movie, Moulin Rouge). But the song that comes to mine today for various reasons is “Changes” and...more

Pending Supreme Court Case Could Affect Collection of Public Employee Union Agency Shop Fees

Recently, the United States Supreme Court commenced a new session with a docket full of interesting cases. One case, Friedrichs v. California Teachers Association, is of particular significance to those in the field of...more

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

South Carolina Supreme Court Finds Employee Cannot Sue for Breach of Contract and Wrongful Discharge

As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Second Circuit Refines Title VII Pleading Standard

The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015),...more

Obama Administration Requires Federal Contractors to Offer Paid Sick Leave to Workers

Companies that do work for the federal government must give their employees up to seven days of paid sick leave per year under new rules announced Monday by President Obama. The move is the latest in a series by the Obama...more

Ashley Madison - That Electronic Communications Policy Was a Good Idea After All

When does an employee’s extramarital activity become his or her employer’s concern?  Before the Ashley Madison breach, the answer might as well have been “[almost] never.”  Since the Ashley Madison breach has a...more

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