News & Analysis as of

Public Employers

Social Media Policies and the First Amendment

by PretiFlaherty on

Over the last several years, the National Labor Relations Act has driven much of the discussion around the legalities of social networking policies. Since 2011, for example, the NLRB’s Office of General Counsel has issued...more

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

“And” Or “Or” – This Ninth Circuit Opinion Highlights The Difference

by Allen Matkins on

“And” and “or” are classified as conjunctions. They are classified as such because they yoke together words, phrases, clauses and sometimes even sentences. They are not interchangeable, however, as illustrated by the recent...more

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain...more

Hugging Can Create a Hostile Work Environment, Ninth Circuit Rules—Are Your Employees Aware?

by Dorsey & Whitney LLP on

“He’s just the hugging type”—we have all heard one time or another in the workplace. But is there a limit to platonic hugging in the workplace? The Ninth Circuit recently ruled there is....more

New York Governor Signs Executive Orders To Address Wage Gap

by Fisher Phillips on

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

by Jackson Lewis P.C. on

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

by Bond Schoeneck & King PLLC on

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

by Shipman & Goodwin LLP on

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

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)

by Poyner Spruill LLP on

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...

by Littler on

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)

by Poyner Spruill LLP on

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

by Lathrop & Gage LLP on

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

by DLA Piper on

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

by Genova Burns LLC on

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

by Best Best & Krieger LLP on

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

by McDermott Will & Emery on

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

by Shipman & Goodwin LLP on

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

by Bond Schoeneck & King PLLC on

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

81 Results
|
View per page
Page: of 4
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!