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Employer Liability Issues Public Employers

Bond Schoeneck & King PLLC

New FOIL Notification Requirements for Public Employers

On Sept. 4, 2024, Gov. Kathy Hochul signed legislation requiring public employers to notify employees if their disciplinary records are requested as part of a Freedom of Information Law (FOIL) request. This legislation...more

Fisher Phillips

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

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The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 25: Issues for Public Employers with Bertha Enriquez of Renewable Water...

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Live from the annual Greenville SHRM conference, hosts Tina and Jennie welcome the Human Resources Manager of Renewable Water Resources, or ReWa, Bertha Enriquez. They discuss how ReWa, a quasi-public employer, navigates the...more

Bricker Graydon LLP

Unicorn, Ostrich or Okapi? Fiduciary Duties for Governmental Retirement Plan Sponsors

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Most retirement plan sponsors know that ERISA - the federal law that imposes duties (and liability for breaching those duties) on certain individuals and entities that are defined as plan fiduciaries – is the primary source...more

Bond Schoeneck & King PLLC

Workplace Violence Policy in Municipalities & New Public School Requirements

The Public Employer Workplace Violence Prevention Act (the Act) requires public employers to have and implement workplace violence prevention policies. School districts and BOCES were previously exempt from this requirement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Challenges to Florida’s 2023 Public-Sector Union Law Fizzle as New Requirements Take Effect

Public-sector employers in Florida will want to make certain they are in compliance with new restrictions on non-public safety unions (i.e., unions representing public-sector employees other than police officers,...more

Allen Matkins

California Immunizes Public Employees Who Maliciously Institute Proceedings Against Citizens

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Suppose a public employee maliciously and without probable cause files a lawsuit or initiates an administrative proceeding against you.  You succeed in obtaining a dismissal, but would like to hold that employee accountable. ...more

Fisher Phillips

How Florida’s New Bathroom Law Will Impact Schools, Public Employers, and Businesses

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Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida Bill Would Ramp Up Penalties Against Public Employers Hiring Undocumented Workers

The Florida Legislature recently introduced legislation (Senate Bill (SB) 1718) that would ramp up the penalties imposed on counties and municipalities that “knowingly employ, hire, recruit, or refer, either for herself or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act...more

Bricker Graydon LLP

Independent contractor or employee? Be sure you know from the start.

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The law treats employees and independent contractors differently. Independent contractors are usually exempt from labor and employment legislation, such as minimum wage and overtime pay and retirement contributions, while...more

Butler Snow LLP

Mississippi Governor Signs Bill Banning Workplace Vaccine Mandates for Public Employers and Requiring Public and Private Employers...

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Mississippi joins the list of states limiting public employer COVID-19 vaccine mandates. On April 22, 2022, Gov. Tate Reeves signed a bill banning public institutions and agencies from discriminating against people based on...more

Shutts & Bowen LLP

Employer Insights: Florida’s E-Verify Requirements in 2021

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Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

Bond Schoeneck & King PLLC

Calling All Public Employers: Time to Develop a Pandemic Operations Plan

This past Labor Day, Governor Cuomo signed legislation which requires all New York State public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease. The...more

Fisher Phillips

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

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(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Holland & Knight LLP

Illinois Workplace Transparency Act Imposes New Obligations on Local Government Employers

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Illinois Public Act 101-0221 (Public Act) creates extensive and significant new protections for employees and imposes new obligations on all Illinois employers. This Holland & Knight alert identifies unique requirements...more

Fisher Phillips

Labor Department Confirms That Certain School Meetings Are FMLA-Protected

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In an eye-opening opinion letter issued yesterday, the U.S. Department of Labor confirmed that parents attending certain school meetings for the benefit of their children are entitled to FMLA leave for their absences. The...more

Franczek P.C.

SB75 Requires Additional Training and Transparency From Public Employers

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This alert is the fifth installment in our series on SB75, the anti-harassment legislation awaiting approval by Governor Pritzker, applies specifically to public employers and amends the Illinois State Officials and Employees...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Poised to Bar Pre-employment Marijuana Testing

On April 9, 2019, the New York City Council overwhelmingly passed a bill that would prohibit most pre-employment screening for marijuana by public and private employers. The bill is supported by Mayor Bill de Blasio and would...more

Mintz - Employment Viewpoints

Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access

Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers...more

Littler

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

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The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies. ...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

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