Description | Volume_Issue | Year | Month | 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. | 08-11 | 2008 | 11 | v08n11nov2008.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 |
The DOL recently (this 2008) updated regulations regarding the "reasonable time" within which an employer may respond to a request for compensatory time; we also address contracts with independent contractors, changes in the unemployment-compensation rules, and a model policy on photos and videos at emergency scenes. | 08-09 | 2008 | 9 | v08n09sep2008.pdf |
We are in the process of updating our newsletter index. In the meantime, please enjoy this issue, published in 2008, about state auditor guidance on volunteers, problems that may arise when compensatory time is requested, and whether training time is compensable under the FLSA. | 08-04 | 2008 | 4 | v08n04apr2008.pdf |
Here we discuss a US Supreme Court case involving the Fair Labor Standards Act, and the relative rights and powers of employers and employees pertaining to the use of compensatory time; whether fire districts are free under the law to change their names to whatever the fire commissioners decide; the issue of securing an emergency scene to ensure highway safety without subjecting your fire department to liability for negligence; we also remind our readers that the FMLA only applies to private and public employers having 50 or more employees; and finally we talk about RCW 46.44, which contains a law involving the weight limits applicable to fire engines. | 04-05 | 2000 | 5 | v04n05may2000.pdf |
Today we undertake a comprehensive analysis of the defenses the employer may bring in an arbitration; we also consider a Washington court case declaring Initiative 695 invalid, a law that would have substantially modified the “lid lift” laws; a federal court case involving the compensatory time provisions of FLSA; and another federal court case addressing the issue of whether direct evidence of discriminatory intent is required to avoid judgment as a matter of law for the employer. | 04-03 | 2000 | 3 | v04n03mar2000.pdf |
We now look at whether employers may require their employees to use compensatory time under FLSA; whether a building officials whose primary duty is management is exempt from FLSA; and issues with the Fair Credit Reporting Act and the opinions of the Federal Trade Commission. | 03-11 | 1999 | 11 | v03n11nov1999.pdf |
This issue considers a federal court case that found that an employer did not violate the FLSA by requiring employees to use some of their comp time as they approach the agreed cap on comp time hours; this issue also considers a Washington court case finding that an invitation for bids on a public contract is not an offer to contract but a solicitation of an offer. | 03-10 | 1999 | 10 | v03n10oct1999.pdf |
Now we consider a federal court case discerning whether city firefighters may serve as private
rescue squad volunteers without mandating overtime or minimum wage payment under FLSA; the payment of compensatory time in lieu of overtime; various examples of on-call pay disputes under FLSA; and to conclude, we discuss whether employment contracts may extend beyond an elected official’s term.
| 02-10 | 1998 | 10 | v02n10oct1998.pdf |
Today we take note of an extremely importance case clarifying management rights; take further notice that the Committee on Fire Service Organization and Deployment of the NFPA recently abandoned an attempt to adopt minimum national fire response standards; a FLSA update clarifying issues with comp time and the “salary basis” test; unemployment compensation and serious misconduct; and then we address the ability of fire commissioners to decrease the number of commissioners on the board. | 01-05 | 1997 | 8 | v01n05aug1997.pdf |