[WEBINAR] Preparing for Changes in the “Vested Rights Doctrine” - Understanding Plan Design Options
[VIDEO] Legal Update: Is the California Rule in Flux?
[VIDEO] Pension Liability by the Numbers
[VIDEO] Perspectives: The Practical Effects of Today's Pension Programs
On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more
Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary...more
No good deed goes unpunished - Little did City of Durham Police Sergeant Michael Mole' know, in his first crack at negotiating on his own the surrender of an armed and barricaded suspect, that he would be fired because he...more
(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
I am currently bingeing my way through HBO’s Silicon Valley after not having watched the show for several years (I’ve always found it entertaining enough, but life, you know?). The series chronicles the experiences of a small...more
Seyfarth Synopsis: The Columbia, South Carolina Mayor Steve Benjamin has signed a new law prohibiting City employers - but NOT private employers - from inquiring about an applicant’s criminal history until receipt of a...more
In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more
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 New Jersey Supreme Court overturned the termination of a state employee who uttered a highly offensive gender slur that was overheard by other employees. William R. Hendrickson, Jr., a fire safety inspector with the New...more
A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more
Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more
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 one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances,...more
In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more
Earlier this month, the American Tort Reform Foundation released the 2017–18 “Judicial Hellholes” list. California came in second, surpassed only by Florida as the nation’s top “Hellhole.” This inauspicious recognition comes,...more
The federal court for the District of Columbia ruled that a former employee of the D.C. Office of the Chief Medical Examiner (“OCME”) could proceed to trial with her claims that drug and alcohol tests she was required to take...more
A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more
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
First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend. Our hearts go out to the families and friends of Heather Heyer, Lt. H. Jay Cullen, and...more
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
A public employee established a Fourth Amendment violation by several individual supervisors of his former employer when they selected him for reasonable suspicion drug testing – and later discharged him — based on an...more
A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more
The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to...more
Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more
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