The Firehouse Lawyer Newsletter

Results for newsletters with the topic “Discipline and Discharge

DescriptionVolume_IssueYearMonthPDF
This issue is about a court case in which paramedics and EMTs were found not to be entitled to overtime compensation for on-call hours; a US Supreme Court ruling that involved consideration of the “salary basis” test; and a Washington law forbidding discrimination on the basis of political activism. 01-0119974v01n01apr1997.pdf
Today we address free speech considerations in the context of discipline; amendments to the Age Discrimination in Employment Act; the test to discern whether nepotism in hiring is legal; legislative amendments to the death benefits laws; LEOFF II employees being able to sue employers; employees not having a cause of action for “wrongful transfer in violation of public policy”; and to sum it up, we discuss physical fitness standards for firefighters. 01-0219975v01n02may1997.pdf
The First Amendment comes into play with fire commissioners in various circumstances, and we consider that here, along with other considerations involving fluctuating workweeks being found NOT to violate FLSA; a case in which a workplace search was found reasonable; the legal distinctions between layoffs and termination for cause; an overtime exemption for computer professionals under FLSA; and finally, we consider pay deductions for safety violations under FLSA. 02-0219982v02n02feb1998.pdf
Sexual harassment in the workplace may subject the employer to immense liabilities, and today we consider implications of some very important cases decided by the United States Supreme Court, particularly with respect to “quid pro quo” harassment and hostile work environment claims; also, we analyze a federal court decision that dealt a blow to the compulsory arbitration process, by finding that employers may not compel individuals to waive their right to file their Title VII claims in court; the applicability of FLSA to municipal governments; the statute of limitations on claims for wrongful discharge based on employee handbooks; the validity of last chance agreements in the discharge and discipline process; the legality of psychological exams in the case of extreme misconduct; and we sum it all up by answering a question about rural fire districts and their concerns about mutual aid agreements. 02-0819988v02n08aug1998.pdf
This issue discusses a Washington Supreme Court case which extends the common law tort for wrongful discharge in violation of public policy to all employees, including union employees with protections within collective bargaining agreements; we also discuss amendments to the 207 (k) exemption under FLSA, which provides a partial overtime exemption for emergency workers such as police and firefighters. 04-0120001v04n01jan2000.pdf
We now discuss the HIPAA Security Rule, which pertains to administrative, physical, and technical safeguard measures, to ensure that your data is secure; a criminal case involving compliance with the HIPAA Privacy Rule; a court case involving whether volunteers are “participants” such that they should receive health and pension benefits under RCW 41.24; veterans’ scoring criteria; and important developments in the case law surrounding the Weingarten Doctrine. 05-0220052v05n02feb2005.pdf
The Public Employment Relations Commission, of which the Firehouse Lawyer has been a commissioner, often addresses ULP’s brought in the context of whether union members should be paid for certain union activities; we extensively discuss these issues here. 05-0720057v05n07jul2005.pdf
Today we address a federal court case that determined that money paid for sick leave buy-back counts in the calculation of regular rate; we also discuss a sex-discrimination case related to two female firefighters (battalion chiefs) being denied adequate protective clothing and adequate bathroom and shower facilities; we then consider adverse employment actions against an employee who exercises First Amendment rights, and much more. 06-0520065v06n05may2006.pdf
The Firehouse Lawyer knows the importance of avoiding liability: We now address the tort of wrongful discharge in violation of public policy, along with defamation claims arising out of workplace investigations; and then we talk about the payment of compensatory time in lieu of overtime compensation. 08-11200811v08n11nov2008.pdf
This article addresses various issues with the Public Records Act, including requests for information, charges for copying records (and medical records specifically), and penalties for withholding records in bad faith; we also outline some age-old doctrines of labor law. 09-0720097v09n07jul2009.pdf
Employment law can be cumbersome, and today the Firehouse Lawyer addresses three important Washington Supreme Court decisions that fundamentally altered the doctrine of wrongful discharge in violation of public policy; we also discuss the destruction of non-archival records, and an important PERC decision pertaining to light duty and unilateral changes to working conditions. 13-10201510October2015_FINAL .pdf
Today we consider when probationary employees may be entitled to a Loudermill conference prior to being terminated, when the health care information of employees may be withheld by an employer, and the propriety of forming an LID for purposes of funding a CARES Program; we also give a plug for our upcoming Municipal Roundtable! 14-0320163March2016.pdf
The laws applicable to fire districts and regional fire authorities are certainly not the same, and we consider those differences and similarities in this issue; we also discuss new litigation pertaining to worker's compensation and the "subjective findings" of treating physicians; we also outline a public records act case involving statutes of limitation. 14-09201692016SeptemberFINAL.pdf
Today we discuss why fire departments should seek payments in lieu of taxes via contractual negotiation; a very important case involving gender discrimination and the wrongful discharge of an allegedly "at will" employee; a case involving privacy protections for homeless people; and finally, we consider the proper fitting of self-contained breathing apparatus under the Washington Administrative Code. 15-10201710October2017FINAL5.pdf
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