First Thursday

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First Thursday, February 2017 Feb 01, 2017

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The cases covered in this month’s podcast are:

Not Religious Discrimination To Refuse Muslim CO’s Request To Wear Khimar, Tisby v. Camden County Correctional Facility, 2017 WL 192887 (N.J. App. 2017)

Social Networking Policy Violates Free Speech Rights, Liverman v. City of Petersburg, 2016 WL 7240179 (4th Cir. 2016)

Union Lacks Right To Record Internal Affairs Interview, Kent County, 30 MPER ¶ 40 (Mich. ERC 2016)

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First Thursday, January 2017 Jan 05, 2017

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In our first podcast of 2017, Will discusses a question received on our website about whether there are exceptions to management’s adherence to past practice when imposing discipline. He also cover the following cases:

Denver Body-Cam Policy Negotiable, Denver Police Protective Association v. City of Denver, No. 15CV33862 (Colo. Dist. Ct. 2016)
Grand Juries And Garrity, In re: Misc. 4281, 2016 WL 7031019 (Md. Spec. App. 2016)
Court Overturns Termination Of Deputy Who Tested Positive For Steroid Metabolites, Orosco v. County of Los Angeles, 2016 WL 6996189 (Cal. App. 2016)

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First Thursday, December 2016 Nov 30, 2016

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In our final podcast of 2016, Will reveals the five biggest mistakes employers make during internal affairs investigations and covers the following cases:

Officer Has Privacy Rights In Personal Cellphone, Larios v. Lunardi, 2016 WL 6679874 (E.D. Cal. 2016)
‘Absolute Prosecutorial Immunity’ Of DA Shields Even Political Retaliation Against Sergeant, Barnett v. Marquis, 2016 WL 6536621 (9th Cir. 2016)
Employer Required To Provide Investigative Report To Fire Union, IAFF, Local 55 v. Alameda County Fire Department, 41 PERC ¶ 69 (Cal. PERB ALJ 2016)

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First Thursday, November 2016 Nov 01, 2016

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Included in this month’s podcast:

Will Aitchison gives ten tips for employees facing a disciplinary interview
Pre-Employment Health History Forms Violate GINA, ADA, EEOC v. Grisham Farm Products, Inc., 2016 WL 3221161 (W.D. Mo. 2016)
Jacksonville Firefighter Hiring Consent Decree Allowed To Expire, Coffey v. Braddy, 2016 WL 4435614 (11th Cir. 2016)
Transsexual Officer Win Discrimination Lawsuit, Roberts v. Clark County School District, 2016 WL 5843046 (D. Nev. 2016)
Court Upholds Constitutionality Of Union Leave Provisions, Cheatham v. City of Phoenix, 2016 WL 4756799 (Ariz. 2016)

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First Thursday, October 2016 Oct 06, 2016

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The following cases are covered in this month’s podcast:

Fire Captain Discharged For Refusing To Stop Using Department Email For Religious Messages, Sprague v. Spokane Valley Fire Department, 2016 WL 5239627 (Wash. App. 2016)
Polygraph Examination Is An ‘Interrogation’ Covered By Bill Of Rights, Miller v. City of Gonzales, 2016 WL 4563729 (La. App. 2016)
Police Board Can Increase Disciplinary Penalty, Lesner v. Police Board, 2016 IL App (1st) 150545 (Ill. App. 2016)
‘Entire Agreement’ Proposal Not Mandatory For Bargaining, Village of Skokie, 2016 WL 4036275 (Ill. LRB Gen. Coun. 2016)
Firefighter Loses ADA Claim To Former Position, Adair v. City of Muskogee, 823 F.3d 1297 (10th Cir. 2016)

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First Thursday, September 2016 Aug 31, 2016

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Will discusses two very important recent cases. The first is a donning and doffing FLSA case out of New York – Perez v. City of New York, 2016 WL 4087216 (2nd Cir. 2016) – and the other involves a change in California;s law on pension reductions – Marin Association of Public Employees v. Marin County Employees’ Retirement Association, 2016 WL 4379316 (Cal. App. 2016).

Other cases discussed this month:

‘Equal Protection’ Requires Employer To Comply With Own Promotional Rules, Tully v. City of Wilmington, 2016 WL 4362181 (N.C. App. 2016)
ADA Does Not Require Day Shift Assignment For Trooper, Kirincich v. Illinois State Police, 2016 WL 3958882 (N.D. Ill. 2016)

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First Thursday, August 2016 Aug 03, 2016

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This month’s topics:

New decision concerning how to calculate the overtime rate under the FLSA, Hernandez v. City of San Gabriel, 2016 WL 3090782 (9th Cir. 2016)
Decision from Virginia on whether firefighter captains are exempt under the FLSA, Morrison v. County of Fairfax, 2016 WL 3409651 (4th Cir. 2016)
Florida supreme court holds unconstitutional some limitations on workers’ compensation benefits, Westphal v. City of St. Petersburg, 2016 WL 3191086 (Fla. 2016)
Decision upholding the right of the state of Wisconsin to ban residency rules at the local governmental level, Black v. City of Milwaukee, 2016 WL 3448194 (Wisc. 2016)
The relationship between pregnancy discrimination laws and light-duty status, Legg v. Ulster County, 820 F.3d 67 (2nd Cir. 2016)
Whether or not a labor union has a duty of fair representation to bargain for retroactive wage increases for retirees, Paci v. Pelham Manor Police Association, Inc., 49 PERB ¶ 4547 (NY PERB ALJ 2016)

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First Thursday, July 2016 Jul 12, 2016

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This month’s topics:

Body-Worn Cameras And Bargaining, City of Oklahoma City (Zane Lumbley, 2016); Montgomery County, Maryland (Ira Jaffee, 2015 and 2016)
Retirement Forfeiture Violates ‘Excessive Fine’ Clause Of Eighth Amendment, Public Employee Retirement Administration Commission v. Bettencourt, 474 Mass. 60 (Mass. 2016)
Court Upholds Boston Sergeant Exam Even With Adverse Racial Impact, Lopez v. Nobrega, 2016 WL 2897639 (1st Cir. 2016)
New Jersey Courts Need Not Necessarily Consider Progressive Discipline, In re Register, 2016 WL 1418127 (N.J. Super. A.D. 2016)
Disparate Treatment May Be Defense To Dishonesty Termination, Desmond v. Town of West Bridgewater, 2016 WL 3145954 (Mass. Super. 2016)

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First Thursday, June 2016 Jun 03, 2016

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This month’s topics:

New FLSA Exemption Rules Are Finally Announced
The EEOC, The ADA, And Leave
Incident Reports May Not (Or May) Be Protected By Garrity, United States v. Smith, 2016 WL 1719267 (11th Cir. 2016)
Selling Shoes On E-Bay Not ‘Misconduct’ Disqualifying Trooper From Unemployment, Huff v. North Carolina Department of Commerce, 2016 WL 1335344 (N.C. App. 2016)
Deeply Divided Illinois Supreme Court Overturns Rule Shielding Fire, Police, Coleman v. East Joliet Fire Protection District, 2016 IL 117952 (Illinois 2016)
As Long As Immunity Is Promised, Employer Can Demand Answers To Questions, Homoky v. Ogden, 816 F.3d 448 (7th Cir. 2016)

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First Thursday, May 2016 May 04, 2016

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This month’s topics:

Supreme Court Reinstates Officer’s Free Speech Lawsuit, Heffernan v. City of Paterson, New Jersey, 2016 WL 1627953 (U.S. 2016)
Court Upholds Constitutionality Of California Factfinding Law, County of Riverside v. PERB, 2016 WL 1238737 (Cal. App. 2016); San Diego Housing Commission v. PERB, 2016 WL 1242539 (Cal. App. 2016)
Step Increases After A Contract Expires, County of Atlantic, 2016 WL 931269 (N.J. Super. 2016)
Question on duty of fair representation
Court Upholds Arbitration Decision Overturning ‘Sexting’ Detective’s Termination, City of Cleveland v. Cleveland Police Patrolmen’s Association, 2016 WL 762702 (Ohio App. 2016)

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