Description | Volume_Issue | Year | Month | PDF |
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. | 01-01 | 1997 | 4 | v01n01apr1997.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. | 02-02 | 1998 | 2 | v02n02feb1998.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 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.
| 06-05 | 2006 | 5 | v06n05may2006.pdf |
This is a big one. Today we address the Garcetti decision from the United States Supreme Court, which held that a public employee's speech rights are limited when talking about matters related to their official duties; we also talk about whether interlocal agreements must be filed with the state auditor or if there are alternatives to that requirement. | 06-06 | 2006 | 6 | v06n06jun2006.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, the Firehouse Lawyer shall discuss the importance of bills before the Washington Legislature; we shall also consider two very important cases before the United States Supreme Court, one relating to First Amendment retaliation claims, and the other related to the constitutionality of requiring non-represented public employees to pay representation fees. | 14-01 | 2016 | 1 | January2016FINAL.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. | 14-09 | 2016 | 9 | 2016SeptemberFINAL.pdf |
As 2016 draws to a close, let us consider our responsibilities to the public we serve, and our respect for individual human rights: Today we discuss an important Washington court case related to the use of taxpayer dollars, the right of a person not to associate with a union based on religious beliefs, and an important First Amendment case out of federal court. | 14-12 | 2016 | 12 | December2016FINAL.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 |
Public-employee unions are now unable to collect "fair share" fees from members of a bargaining unit who do not wish to be associated with a union, due to the Janus opinion from the United States Supreme Court. | 16-6E | 2018 | 6 | June2018Janus.pdf |
We discuss three different court cases today, two involving elected officials (a recall case and a defamation case) and one involving Washington's "single subject rule" for legislation (including initiatives of the people); we also briefly consider whether the per-student charge for fire protection would also apply to home-schooled students. | 18-10 | 2020 | 10 | October2020FINAL.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 |
Today we consider the liability implications of employing unvaccinated personnel and a case involving the "non-delegation" doctrine. | 19-08 | 2021 | 9 | AugustSeptember2021FINAL.pdf |
This issue considers new guidance from the Office of Civil Rights on the disclosure of vaccine information, and the applicability of the Loudermill case to terminations based upon the failure of an employee to vaccinate. | 19-10 | 2021 | 10 | October2021FINAL.pdf |
In this article we discuss a recent opinion by the United States Supreme Court, holding that an elected body has the constitutional authority to censure one of its own members. We also provide a link to our upcoming Municipal Roundtable on DEI Programs. | 20-06 | 2022 | 6 | June2022FINAL.pdf |
This issue considers a recent court case filed by a Native American Tribe against a Washington State Regional Fire Authority and the issues it presents; we also discuss issues surrounding the formation of commissioner associations, and a change in the standard for "undue hardship" in religious discrimination cases. | 21-07 | 2023 | 7 | July2023.pdf |
Our lead article today discusses tax increment financing in even more detail; we also discuss a First Amendment case, and issues related to fire-commissioner compensation, eminent domain, lien claims and contractor bonds. | 22-01 | 2024 | 1 | January2024FINAL (2).pdf |
Today we consider a court case involving the posting of an independent medical examination (IME) on social media, and we also discuss FLSA "work periods" and the GEMT program. | 22-08 | 2024 | 9 | August2024FINAL.pdf |