| Description | Volume_Issue | Year | Month | PDF |
| Most importantly, today we consider what FLSA DOES NOT require; we then analyze whether indefinite leave may be a “reasonable accommodation” under the ADA; mere obesity can be considered a disability under the ADA; and whether paramedics and firefighters are 207 (k)-exempt under FLSA. | 01-03 | 1997 | 6 | v01n03jun1997.pdf |
| Today we outline some of the “do’s and don’ts” of pre-employment inquiries under the ADA and the WLAD; we also consider what the meaning of a “serious health condition” is under the FMLA; the need for physician certification for an employee to secure their FMLA rights; incapacity as a result of pregnancy under the FMLA; and an anti-affirmative action bill in California being found constitutional. | 01-07 | 1997 | 11 | v01n07nov1997.pdf |
| Here we take a look at the firefighter’s rule, which essentially says that a firefighter is generally owed no duty of care by the owner of land except that the owner not willfully or wantonly cause injury to the fireman; then we clarify some issues with the “two-in two-out” rule under the WAC 296-305 safety standards; issues with records retention; whether RCW 39.34 may permit several fire districts and a city to share in some major function, i.e. communications, and to have some separate level of taxing revenue; and to round it out, we address a question about building signs and the ADA. | 02-03 | 1998 | 3 | v02n03mar1998.pdf |
| The Public Duty Doctrine is an incredibly important doctrine that protects fire districts and other municipal corporations from liability, and today we discuss the doctrine and the many exceptions to it; then we look at some cases of interest from the US Supreme Court involving sexual harassment, freedom of speech, and the Americans with Disabilities Act. | 02-07 | 1998 | 7 | v02n07jul1998.pdf |
| Today the Firehouse Lawyer revisits various provisions of the FLSA, including the 207 (k) exemption; we then address some FMLA cases of importance; some definitional changes in RCW 296-305; and a question regarding bona fide occupational qualifications under the ADA. | 03-02 | 1999 | 2 | v03n02feb1999.pdf |
| Today the Firehouse Lawyer addresses numerous issues, including two important ADA cases before the US Supreme Court involving the determination of whether certain employees were qualified individuals with a disability (QID); the privacy of telephone conversations under the Washington Privacy Act, RCW 9.73; local governments not being exempt from contractor licensing under L & I regulations; and finally, we look at a Washington court case addressing the applicability of the Public Records Act to the Washington State Association of Counties and the Washington State Association of County Officials. | 03-04 | 1999 | 4 | v03n04apr1999.pdf |
| We now discuss another jurisdiction’s consideration of the privacy rights of public employees in their personnel files; the duty to accommodate disabled firefighters under the ADA; the illegality of partial pay docking under FLSA; and then we consider some EEOC guidelines on offering disabled employees “equivalent positions” upon their return to work, and situations within which a leave request is covered by both the FMLA and the ADA. | 03-05 | 1999 | 5 | v03n05may1999.pdf |
| We now look to new developments to the long-established Firefighter’s Rule, which is a general rule of non-liability to firefighters, applicable to property owners whose negligence caused the emergency that led to the firefighter’s presence on the property where the fire (or other emergency) occurred; what pre-employment inquiries are or are not permitted under the ADA and WLAD; and we also consider whether study sessions are subject to the OPMA.
| 05-06 | 2005 | 6 | v05n06jun2005.pdf |
| Today we discuss holding annual public hearings on the budget, and the resolutions which should result from those hearings; free speech rights of public employees under the First Amendment; videotaping in the workplace and the Fourth Amendment problems that may cause; the liabilities that may come with running youth and cadet programs; and conditional offers of employment under the ADA. | 06-12 | 2006 | 12 | v06n12dec2006.pdf |
| Today we discuss court rulings specifying that there can be no individual liability under the ADA; the importance of enacting email and internet use policies; a PERC ruling on an illegal subject of bargaining; and a change in the election laws. | 07-02 | 2007 | 2 | v07n02feb2007.pdf |
| Today we address the provisions of the ADA that speak to a person being "regarded as" disabled, and how that may have similar legal implications as a person having an actual disability; we also address the issue of personal representatives under HIPAA and the Washington Health Care Information Act. | 07-04 | 2007 | 4 | v07n04apr2007.pdf |
| Please be patient with us as we update our newsletter index. This issue, published in 2008, addresses mandatory reporting on child abuse, and the definition of "employee" under various federal anti-discrimination statutes. | 08-03 | 2008 | 3 | v08n03mar2008.pdf |
| We look into some amendments to the ADA, particularly the definition of "qualified individual with a disability"; we also speak on the issue of paying compensatory time in lieu of overtime compensation, and developing model policies on photo and videos. | 08-10 | 2008 | 10 | v08n10oct2008.pdf |
| Here we look to a United States Supreme Court ruling on "disparate impact" treatment, which refers to those situations when a hiring practice or rule has the unintended consequence (impact) of
treating minorities worse than others, i.e. discriminating; we also address age discrimination, and include an article from an outside author regarding how to manage retirement plans for firefighters. | 09-09 | 2009 | 9 | v09n09sep2009.pdf |
| This article considers the implications of legislation under WLAD pertaining to sexual orientation, to what extent FLSA covers "off the clock" work, and the importance of job descriptions to setting forth the "essential functions of the job." | 09-11 | 2009 | 11 | v09n11nov2009.pdf |
| Today we outline the "special relationship" exception to the Public Duty Doctrine, as it pertains to 911 calls, discuss amendments to the HIPAA Privacy Rule, the legality of polygraph testing under RCW 49.44, and a great article from Sebris Busto James about EEOC Guidelines. | 11-01 | 2013 | 6 | v11n01jun2013.pdf |
| This issue discusses an important case involving prescription drugs, and whether an employer discriminated against a prospective employee based on a perceived disability; the Disability Leave Supplement and its effect on retirement service credits; a correction of an article in last month's newsletter; a brief discussion about Nissen v. Pierce County, a Public Records Act case; and finally, we discuss aspects of the CARES statute, as it pertains to community paramedicine. | 13-09 | 2015 | 9 | September2015_ThidDraft.pdf |
| In this issue, the Firehouse Lawyer addresses recent case law arising under the Public Records and Open Public Meetings Acts; recent EEOC insights into inquires into disabilities, and how that relates to conditional offers of employment; and finally, we introduce a new column in honor of Bill Jarmon: Safety Bill. | 15-01 | 2017 | 1 | January_2017_FINAL.pdf |
| 2018 begins with a discussion of free speech in public employment; self-reporting de minimis violations of safety rules; websites and "places of public accommodation"; past practices, "joint employers" and employee handbooks on basis standards of civility; we also discussion a Washington court case that sets back firefighters. | 16-01 | 2018 | 1 | January2018FINAL.pdf |
| This issue addresses the definition of "veteran" under the Washington veterans' scoring-criteria statutes; we also discuss an important Washington case related to "vigilance-free" meal periods, and give our readers an update on developments in federal discrimination law. | 16-09 | 2018 | 9 | September2018FINAL.pdf |
| The Firehouse Lawyer is introducing a new monthly column: "Labor Concepts," where today we will discuss "double jeopardy" in discipline cases; we also include our Safety Bill and discussion of indefinite disability leave and impact fees, SEPA mitigation and contracts for services. | 16-11 | 2018 | 11 | November2018FINAL.pdf |
| Today we discuss a Washington Supreme Court case, in which the Court held that obesity is a protected "disability" under the Washington Law Against Discrimination; we also consider the "less than 20%" rule in the context of volunteer firefighting. | 17-07 | 2019 | 7 | July2019FINAL.pdf |
| Today we discuss the highlights of all of the 2019 issues of the Firehouse Lawyer. Happy New Year! | 17-12 | 2019 | 12 | December2019FINAL.pdf |
| Today we consider how the Washington Law Against Discrimination may come into play in the context of Covid-19; we also discuss an unpublished court case involving the LEOFF statutes permitting civil actions against employers, and a published court case involving personnel evaluations. | 18-06 | 2020 | 6 | JuneJuly2020FINAL.pdf |
| In this issue we discuss necessary changes to RCW 52.30.020, mandatory Covid vaccination and testing, trademarking of fire department logos, a rarely used Public Records Act exemption and the SECURE Act tax benefits for volunteer firefighters. | 19-01 | 2021 | 1 | January2021FINAL.pdf |
| This issue discusses some upcoming training opportunities, a major change to RCW 52.14.110 involving public works by regularly employeed personnel, and an important Title VII case. | 22-04 | 2024 | 4 | April2024.pdf |