News & Analysis as of

Public Employees

Oregon Pension Task Force Releases Report On Unconventional Funding Sources

by Nossaman LLP on

In 2017, Oregon Governor Kate Brown convened a special task force (Task Force) to study opportunities for the State and local agency employers to reduce the unfunded actuarial liabilities of the Oregon Public Employee...more

News from Second & State

Back from this weekend’s Pennsylvania Society festivities, the House of Representatives were back to work on Monday morning, convening for their second to last session week of the year. On Monday, the House Appropriations...more

Superior Court Upholds Retirement Board's Provision of Due Process Through Administrative Hearing Process

by Nossaman LLP on

Due process-based claims have taken center stage in several claims against some California public retirement systems of late. A recent ruling by the Superior Court for the County of Marin, however, held that the Board of...more

Private employers in Utah generally may establish workplace gun policies

by Kirton McConkie PC on

GUNS AT WORK - In light of recent mass shootings in Las Vegas and Sutherland Springs, Texas, guns have become a hot topic. Some people want to enact bans and other regulations on cer­tain types of guns. Others adamantly...more

Supreme Court to Hear Challenge to Mandatory Union Fees for Public Employees

by Baker Donelson on

Although previously considered by the United States Supreme Court on several occasions, the issue of the legality of mandatory public union fees will again be before the Court in its upcoming session. The lawsuit that has...more

The Art of Reduction: OPEB Costs, Commitments

by Best Best & Krieger LLP on

California’s gap between promised employee benefits and available cash is wide and ever expanding. Ballooning pension costs and rising deficits are often in the spotlight. But commitments that California’s governing bodies...more

The U.S. Supreme Court, Unions, And The Future Of Collective Bargaining In The Public Sector

The U.S. Supreme Court will soon hear a case that has the potential to rock the world of unions that represent public sector employees in Rhode Island and throughout the country. The Court will decide whether state...more

See You In Court! – November 2017

by Shipman & Goodwin LLP on

As the football season wound down in Nutmeg, Bob Bombast went on a Facebook rant against the players in the NFL who take a knee during the playing of the National Anthem. Coach Rock, veteran coach at Nutmeg Memorial High...more

Government Employee Can Proceed To Trial On Her Challenge To The District Of Columbia’s “Blanket” Drug And Alcohol Tests

by Jackson Lewis P.C. on

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

Be Aware Belgium September 2017

by DLA Piper on

In case of dismissal, should public sector employers assume that the standard preliminary hearing only applies to their statutory staff but not to their contract workers? Whenever a statutory staff member is dismissed,...more

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

by Franczek Radelet P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

Fair Share Fees on the Docket at the Supreme Court – Again

by Barley Snyder on

The Supreme Court of the United States has again elected to weigh-in on the permissibility of public-sector employee unions collecting “fair share” fees from non-union employees....more

Supreme Court (Once Again) Poised To End Compulsory Union Dues For Public Employees

by Fox Rothschild LLP on

In January of last year, we noted that the U.S. Supreme Court was poised to end compulsory union dues for California teachers and other public employees. Then in February of last year, Justice Antonin Scalia died. In March...more

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

by Ballard Spahr LLP on

The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

by Littler on

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

Third Circuit Addresses “Willful” Violations of Fair Labor Standards Act

Under the Fair Labor Standards Act (FLSA), which governs wage and hour issues such as minimum wage and overtime pay, the statute of limitations is generally two years. The FLSA, however, sets the limitations period for...more

Refusal to Transfer an Employee as an Adverse Employment Action; or, How Life Imitates 1950s Movies

by Dorsey & Whitney LLP on

In the classic 1955 movie, Mister Roberts, Henry Fonda plays Doug Roberts, a frustrated Naval officer aboard a supply ship in a backwater area of the Pacific during World War II. Roberts desperately seeks a transfer to a...more

SCOTUS Appears Ready To Deal Devastating Blow To Public Unions

by Fisher Phillips on

In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by...more

Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the...more

SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more

Stone walls (and policies) do a prison make: UDC bound by its rules

by Kirton McConkie PC on

PERSONNEL POLICIES - While sitting in prison in 1642, the English poet Richard Lovelace penned his most famous lines: “Stone walls do not a prison make, nor iron bars a cage.” While Lovelace’s words about the nature and...more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

by Dorsey & Whitney LLP on

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

Tenth Circuit Indicates Mandatory Pre-Shift Briefings Are Compensable Time Under the FLSA

On September 14, 2017, the Tenth Circuit Court of Appeals provided employers with further guidance regarding the compensability of pre-shift tasks under the Fair Labor Standards Act (“FLSA”). Specifically, in Jimenez,...more

Proposed UK Corporate Governance Reforms Target Executive Pay Justification, Employee Engagement

by Jones Day on

The Situation: The UK government has proposed several corporate governance reforms in an effort to improve transparency and accountability in private and public employers....more

Ban on Officers Discussing K9 Program Violated First Amendment - Ninth Circuit Decision on Nevada State Highway Patrol Prior...

by Best Best & Krieger LLP on

Regulating speech by government employees is difficult enough. Disciplining an employee for violations of speech policies is degrees of difficulty greater. And, imposing a prior restraint on employee speech is perhaps the...more

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