News & Analysis as of

Public Employers

Williams Mullen

Annual Employee Benefits Compliance Checklists: Plan Administrators of Governmental and Church Plans

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Administrators of governmental plans and church plans that are not subject to the Employee Retirement Income Security Act of 1974 (ERISA) should review the following actions to be taken before the end of 2024 and address what...more

Bricker Graydon LLP

Mental Health Parity and Addiction Equity Act (MHPAEA) Final Regulations Have Been Issued

Bricker Graydon LLP on

If you are a state or local government that sponsors a “self-funded” employee group health plan instead of using an insurance provider, you had previously been allowed to “opt out” of compliance with the following four...more

Bricker Graydon LLP

Compliance Tips: Do You Understand How “Pick-up” Contributions Work?

Bricker Graydon LLP on

A much-used but often confusing element of governmental retirement plans are “pick up plans,” where an employer pays -- or “picks up” -- an employee’s required contribution under the State’s public employment retirement...more

Perkins Coie

Ninth Circuit Holds Salary Basis Test Requires Courts to Analyze How Public Employees Are “Actually Paid”

Perkins Coie on

Recently, the United States Court of Appeals for the Ninth Circuit addressed whether staff nurses for the City and County of San Francisco (the City) were entitled to time-and-a-half overtime or whether the method of...more

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

Fisher Phillips on

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

Bricker Graydon LLP

New AOS Requirement: All Employees and Elected Officials of a Political Subdivision Required to Complete Online Fraud Training by...

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Per recent updates to various sections of Ohio law, all employees and elected officials of public entities in Ohio are required to report alleged fraud, theft in office, or misuse or misappropriation of public money....more

Maynard Nexsen

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

Maynard Nexsen on

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

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

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

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

Farella Braun + Martel LLP

California’s Estrada Decision and Impact on Employers and PAGA Claims

Following Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and...more

Walkers

Jersey employment law updates: recent changes and horizon scanning

Walkers on

Jersey’s employment laws are constantly moving forward, and it can be demanding for employers and HR professionals looking to keep up with best practice. We’ve put together a guide to the recent changes to Jersey...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

Bricker Graydon LLP

BWC Finalizes Public Employer Rate Cut

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The Bureau of Workers' Compensation (BWC) Board of Directions recently approved a 3.9% rate reduction for Ohio’s public employers. As a result, public employers will pay nearly $8 million less in premiums beginning January 1,...more

Robinson & Cole LLP

New Reporting Requirements for Governmental Plans in Connecticut

Robinson & Cole LLP on

On June 27, 2023, Governor Lamont signed House Bill 6930 into law as Public Act 23-182 (Act). The Act requires municipalities and other governmental employers to provide information to the Office of the State Comptroller...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

Allen Matkins on

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

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

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and...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,...

European Parliament Endorses Proposed EU Pay Transparency Directive

A draft proposal of the new European Union (EU) Pay Transparency Directive published by the European Commission in 2021 revealed plans for significant reforms to equal pay initiatives. The proposal sets out significant...more

Pullman & Comley - Labor, Employment and...

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

We have posted two previous articles about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee.  In addition to the bills that we have already...more

Pullman & Comley - Labor, Employment and...

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

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

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

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

Bricker Graydon LLP

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

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Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

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