Public Employers

News & Analysis as of

PERC Decision Lays Groundwork for Negotiations Once Chapter 78 Contributions are Fully Implemented

New Jersey’s Public Employee Relations Commission (“PERC” or the “Commission”) has weighed in on the issues of (1) when health insurance contributions become negotiable once the fourth tier of contributions under Chapter 78...more

Missouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain...

Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the...more

Commonwealth Court Affirms, Expands Public Employers’ Ability to Control Manning, Pension Costs through Collective Bargaining,...

The Commonwealth Court of Pennsylvania significantly strengthened public employers’ ability to address rising costs by holding that minimum shift manning requirements are a non-bargainable managerial prerogative. The court...more

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the...more

Canadian Employment News Series - July 2015

Self-Reporting Drug Use Policies at Work: Are They Discriminatory? Employers seeking to strengthen policies aimed at reducing drug and alcohol abuse in safety sensitive workplaces should take note of this recent Alberta...more

Pensions Ombudsman Round-Up - July 2015

Welcome to DLA Piper's Pensions Ombudsman Round-Up publication in which we report on recent determinations made by the Pensions Ombudsman ("PO") and Deputy Pensions Ombudsman ("DPO"). In this edition we look at...more

Can Employers Offer Compensatory Time to Exempt Employees? [Wage & Hour FAQ]

Recently, two blog readers asked a question about the use of compensatory (comp) time in the private sector during a discussion about tracking exempt employees’ hours worked. One reader’s company tracked exempt employees’...more

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the...

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a...more

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Emergency Legislation to Amend California’s Paid Sick Leave Requirements Signed by Governor, Effective Immediately

Last year, the California Legislature enacted A.B. 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“Act”), which amended California Labor Code Section 245.5 to provide paid sick days to most California employees,...more

Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of...more

Liability for Data Breach Involving Employee Information: Even the Federal Government and Third Party Vendors Are Not Immune

In what is quickly becoming the newest trending topic in class action litigation, another class action has been filed alleging the disclosure of employee personally identifiable information due to a cyber attack. This...more

Appellate Court Notes

- Supreme Court Advance Release Opinions: - SC19422 - Awdziewicz v. Meriden Certain police officers retired, entitling them to pension benefits under the City Charter as previously modified in a separate lawsuit...more

OPM sued by workers’ union in proposed class action

The Office of Personnel Management (OPM) was sued this week in the D.C. federal court by its workers’ union the American Federation of Government Employees (AFGE). Significantly, the suit named OPM Director Katherine...more

Marital Status Discrimination

During a recent conversation with an experienced business lawyer, it became clear that, despite his representation of companies in several states, he was unfamiliar with the concept of marital status discrimination. That got...more

US Marshals Whistleblowers Claim Officials Use Freedom of Information Act for Retaliation

Multiple whistleblowers have come forward from the U.S. Marshals Service, claiming that leadership within the agency uses requests under the Freedom of Information Act (FOIA) to retaliate against individuals because they...more

Massachusetts DOR May Lose Staff This Summer

The Massachusetts Department of Revenue (DOR) likely will have significantly less employees starting July 1, 2015, due to a Massachusetts employee retirement incentive program. Governor Charlie Baker recently signed...more

Overview of Annual Reporting Requirements/Statements of Financial Interests

Pursuant to the Public Official and Employee Ethics Act, public officials and employees are required to file a Statement of Financial Interests before May 1 of each year to report, among other things, gifts, transportation,...more

A Title VII Transition?: Protections for Transgender Persons in the Workplace

Three years ago, the EEOC issued an opinion which held, for the first time, that discrimination against transgender persons based on gender identity is impermissible sex discrimination under Title VII of the Civil Rights Act...more

Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation

Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation...more

Arrest Warrant Service is Not "Protected Activity" Under California's Anti-SLAPP Statute

Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought...more

CFPB issues No FEAR Act report

The CFPB has issued its No FEAR Act Annual Report for FY 2014. The “No FEAR Act” is the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002. It requires federal agencies to submit an annual report...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

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

Georgia “Ban the Box” Policy Crosses Geographic, Political Divides

Republican Governor Nathan Deal signed an executive order this past week adopting a “ban the box” policy for “government entities of the State of Georgia,” making Georgia the first Southern state and only the second “red...more

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