| Description | Volume_Issue | Year | Month | 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 |
| Today we discuss a new respiratory protection standard handed down by OSHA; Congress’ enactment of the Health Insurance Portability and Accountability Act, aka HIPAA; distinctions between hourly and salary-based employees under FLSA; and finally, very important considerations of excessive absenteeism under the FMLA. | 02-01 | 1998 | 1 | v02n01jan1998.pdf |
| The 207 (k) exemption under FLSA, which exempts employees engaged in fire protection activities from the overtime laws, is controversial, and we discuss a huge 207 (k) case here; we then note that the US Supreme Court declined to hear another 207 (k) case where some firefighter/paramedics were deemed qualified for the 207(k)exemption even though they spent more than 20% of their time on unrelated activities that were not strictly firefighting; and a US Supreme Court case voiding an ADEA release; also, we address another case involving same-sex harassment; the concept of "medical necessity” under the FMLA; the disability leave supplement and promotional examinations; and to conclude, we consider an issue with mergers. | 02-04 | 1998 | 4 | v02n04apr1998.pdf |
| We now discuss a decision of the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, involving the duty to bargain supplemental pensions; the 90-day statute of limitations for vacation of arbitration awards; handicap discrimination and the duty to accommodate disabilities; the preemption of state law by FLSA; the requirement under the FMLA that the employer give notice of a requirement for medical certification; the 296-305 requirements for Washington fire departments in live-structure firefighting. | 02-11 | 1998 | 11 | v02n11nov1998.pdf |
| Today we consider a decision by the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, in which the hearing examiner found that there is no duty to bargain supplemental pensions; we then consider the 90-day statute of limitations for seeking the vacation of an arbitration award; a federal district court finding that the Department of Labor exceeded their authority when enacting a particular FMLA regulation; a question involving contractual obligations under the FMLA; a question involving the issuance of pagers and the implications that may present under the on-call-pay provisions FLSA; and to sum up, a question involving whether a fire department must have a fire chief to comply with Washington law. | 02-12 | 1998 | 12 | v02n12dec1998.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 |
| 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 |
| Today we examine a federal court case determining that volunteers were not employees covered by FLSA; a United States Supreme Court case finding that state government employees can no longer sue their unconsenting employers for FLSA violations in state court; and finally, we cover the basic requirements of the Family and Medical Leave Act. | 03-07 | 1999 | 7 | v03n07jul1999.pdf |
| Today we discuss a Washington court of appeals decision adopting the “payroll method” for
calculating the number of employees necessary to subject an employer to the laws against
discrimination; some interesting Washington cases involving sexual harassment; the importance of notifying employees of their FMLA rights; and the ability of a municipal employee to sue an employer in federal court to enforce their FLSA rights.
| 03-09 | 1999 | 9 | v03n09sep1999.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 |
| We now consider issues relevant to fire departments staying effective in the event of a pandemic or a widespread disaster; various bills of interest, ranging from retirement to collective bargaining issues; and then we discuss the Family and Medical Leave Act, and the requirement that health professionals certify that a health condition is serious. | 06-03 | 2006 | 3 | v06n03mar2006.pdf |
| Today we discuss a court ruling that employees cannot generally waive their FMLA rights; the professional rescuer doctrine, which is a bar to recovery for firefighters for injuries incurred in the line of duty; the forming of non-profit corporations via interlocal agreement; and sexual harassment policies. | 07-10 | 2007 | 10 | v07n09sep2007.pdf |
| Today we discuss the importance of using proper scoring criteria in the hiring of veterans, and also regulations under the FMLA for military members. | 09-01 | 2009 | 1 | v09n01jan2009.pdf |
| This issue discusses the importance of the pending Washington State Family and Medical Leave Act and an interesting question involving the applicability of the bid laws to what merely appear to be "contracts for services", but which require the installation of equipment. | 16-07 | 2018 | 7 | July2018Final.pdf |
| The focus of this article is on whether fire commissioners, or elected officials generally, are subject to the Washington State Paid Family and Medical Leave Act; we also discuss the importance of insurance coverage. | 17-01 | 2019 | 1 | January2019FINAL2.pdf |
| The Firehouse Lawyer considers the importance of privacy in the context of health care information; we also discuss potential changes to the bid laws that would impact various public agencies, disability retirement, WPFMLA leave requirements, defamation law, and the concept of "unilateral change" in labor law. | 17-03 | 2019 | 4 | MarchApril2019.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 some important labor concepts and decisions pertaining to the employer's obligation to bargain over PFMLA premiums and supplemental benefits. We also consider local elections procedures and a Public Records Act case involving the statute of limitations. | 21-05 | 2023 | 5 | May2023FINAL.pdf |
| Today we consider some important labor concepts and decisions pertaining to the employer's obligation to bargain over PFMLA premiums and supplemental benefits. We also consider local elections procedures and a Public Records Act case involving the statute of limitations. | 21-5E | 2023 | 5 | May2023.pdf |