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Public Employers Public Employees Hiring & Firing

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

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

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,...

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

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

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

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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

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

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

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mount Lemon Fire District v. Guido

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

Fisher Phillips

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

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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

Dentons

Can they Resign? Privacy Issues for Iowa Public Employers

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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

Best Best & Krieger LLP

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

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

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

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

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

Littler

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

Littler on

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

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

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

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

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

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

Bennett Jones LLP

Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

Bennett Jones LLP on

The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of...more

Seyfarth Shaw LLP

Liability for Data Breach Involving Employee Information: Even the Federal Government and Third Party Vendors Are Not Immune

Seyfarth Shaw LLP on

In what is quickly becoming the newest trending topic in class action litigation, another class action has been filed alleging the disclosure of employee personally identifiable information due to a cyber attack. This...more

Nossaman LLP

Nossaman Comment on Recent Court of Appeal Decision re Constitutionality of PEPRA

Nossaman LLP on

Much has been made of the recent Court of Appeal decision resolving a challenge to the Public Employees' Pension Reform Act of 2013 (PEPRA), Deputy Sheriffs' Assn. of San Diego County v. County of San Diego (Jan. 22, 2015,...more

Sherman & Howard L.L.C.

Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more

Proskauer - Government Contractor Compliance...

New Delaware Law “Encourages” State Vendors to “Ban the Box”

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and...more

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