News & Analysis as of September 22, 2024

Hiring & Firing › Public Employers

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2024

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Two-Wage and...

Pullman & Comley - Labor, Employment and... on 4/19/2023

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity of approving and advancing bills out of committee. In addition to the bills that we have already summarized, here...more

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

Shutts & Bowen LLP on 4/5/2021

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

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

Fisher Phillips on 5/29/2020

(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

Ohio Supreme Court Restricts Wrongful-Discharge Claims by Probationary Public Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/25/2019

The Supreme Court of Ohio recently confirmed that public employees in their probationary periods are not entitled to the same protections with regard to employment termination that tenured civil servants enjoy. In Miracle v....more

District of Columbia Council To Allow Some City Employees to Access Medical Marijuana (For Now)

Saul Ewing LLP on 6/24/2019

While the District of Columbia (D.C.) has had a medical marijuana program on its books since 2013, there has been some debate regarding whether or not city workers are allowed to participate in the program, even if they have...more

New York City Poised to Bar Pre-employment Marijuana Testing

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2019

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

Michigan Governor Furthers LGBT Protections in State Contracts and Bans State Agencies From Asking For Salary History

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/21/2019

Hitting the ground running, Michigan’s new governor, Gretchen Whitmer, has imposed new requirements in the employment arena—but only for executive branch state employees and some contractors and grant and loan recipients....more

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

The “Modernization” of the Canada Labour Code: Major Changes to Federal Workplaces Under Bill C-86

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/8/2018

Workplace laws in Canada are in a state of flux following several announcements made by provincial and federal governments in recent weeks. For example, the federal government announced its intention to introduce proactive...more

Supreme Court Decides Mount Lemon Fire District v. Guido

Faegre Drinker Biddle & Reath LLP on 11/7/2018

On November 6, 2018, the Supreme Court of the United States decided Mount Lemon Fire District v. Guido, No. 17-587, holding that the Age Discrimination in Employment Act of 1967 (ADEA) applies to States and political...more

ALERT - CT Legislative Update

Pullman & Comley, LLC on 8/3/2018

The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Seventh Circuit Says Applicant Can Bring ADEA Disparate Impact Claim

Parker Poe Adams & Bernstein LLP on 5/7/2018

Disparate impact discrimination claims involve allegations of bias based not on intentional conduct, but rather otherwise neutral policies that have a statistically significant negative result with respect to persons in a...more

New York State Moves One Step Closer to New Pay Equity Laws

Fisher Phillips on 4/24/2018

On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

Can they Resign? Privacy Issues for Iowa Public Employers

Dentons on 8/31/2017

In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

Best Best & Krieger LLP on 8/3/2017

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

Hinshaw & Culbertson LLP on 6/23/2017

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2017

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/31/2017

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

New York Governor Signs Executive Orders To Address Wage Gap

Fisher Phillips on 1/19/2017

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

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

Littler on 8/9/2016

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

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on 9/30/2015

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/18/2015

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

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Hiring & Firing › Public Employers

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