News & Analysis as of

Employer Liability Issues Public Employees Public Employers

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...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

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,...

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

Fisher Phillips

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

Fisher Phillips on

(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

Holland & Knight LLP

Illinois Workplace Transparency Act Imposes New Obligations on Local Government Employers

Holland & Knight LLP on

Illinois Public Act 101-0221 (Public Act) creates extensive and significant new protections for employees and imposes new obligations on all Illinois employers. This Holland & Knight alert identifies unique requirements...more

Fisher Phillips

Labor Department Confirms That Certain School Meetings Are FMLA-Protected

Fisher Phillips on

In an eye-opening opinion letter issued yesterday, the U.S. Department of Labor confirmed that parents attending certain school meetings for the benefit of their children are entitled to FMLA leave for their absences. The...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on

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

Bennett Jones LLP

Bill C-65: Harassment, #MeToo and You

Bennett Jones LLP on

The statistics are alarming—a 2017 federal survey found that 60 percent of women report having experienced harassment in the workplace and 41 percent stated that there was no attempt to resolve a reported incident. Further,...more

McNees Wallace & Nurick LLC

Court Holds Union Membership ‘Worthy of Constitutional Protection’

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more

Genova Burns LLC

Putting Employees in the “Penalty Box” Could Have Courts Blowing the Whistle on You

Genova Burns LLC on

While the National Hockey League’s Capitals are in Washington D.C. celebrating their Stanley Cup win, a Prosecutor’s Office in New Jersey may be in hot water for putting an employee in the penalty box following complaints...more

Fisher Phillips

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

Fisher Phillips on

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

Harris Beach Murtha PLLC

Connecticut Considers Requiring Legislative Approval of Agency Settlement Payments and Nondisclosure Agreements

Weeks before the uproar over revelations that U.S. Rep. Elizabeth Esty paid her chief of staff a $5,000 severance package and signed a non-disclosure agreement concerning sexual harassment allegations made against him, the...more

Fisher Phillips

Equal Pay and Gender Equality are No. 1 on N.J.’s New Governor’s Agenda

Fisher Phillips on

Hours after being sworn in as New Jersey’s 56th governor on January 16th, Governor Phil Murphy signed an executive order prohibiting public employers from inquiring about a job applicant’s current or prior salary. In doing...more

Dentons

Can they Resign? Privacy Issues for Iowa Public Employers

Dentons on

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

Genova Burns LLC

New Jersey Supreme Court Says Salary Step Increments are Negotiable, but Avoids Dynamic Status Quo Issue

Genova Burns LLC on

In a highly anticipated decision, the New Jersey Supreme Court held that the issue of salary step increments is a mandatorily negotiable term and condition of employment. However, the Court did not decide whether New Jersey’s...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

Parker Poe Adams & Bernstein LLP

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

Parker Poe Adams & Bernstein LLP

South Carolina Supreme Court Finds Employee Cannot Sue for Breach of Contract and Wrongful Discharge

As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more

Fisher Phillips

Ashley Madison - That Electronic Communications Policy Was a Good Idea After All

Fisher Phillips on

When does an employee’s extramarital activity become his or her employer’s concern?  Before the Ashley Madison breach, the answer might as well have been “[almost] never.”  Since the Ashley Madison breach has a...more

Mintz - Employment, Labor & Benefits...

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the...

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a...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

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide