Description | Volume_Issue | Year | Month | 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 |
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. | 09-07 | 2009 | 7 | v09n07jul2009.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 |
The Public Records Act has changed in a fundamental way, because the Washington Supreme Court has ruled that public agencies may now be charged a per-page penalty for wrongful withholding of public records; we also discuss a very important case related to bargaining subjects; charges for copying and searching for medical records; and another important case covering duty-related disability retirement. | 14-04 | 2016 | 4 | April2016FINAL.pdf |
In this issue, the Firehouse Lawyer discusses an arbitrary distinction between certain types of fire commissioners, and how this distinction has resulted in unfair, and perhaps unconstitutional, consequences. | 14-07 | 2016 | 7 | July2016FINAL.pdf |
At times, state agencies get it wrong, and today we discuss that, with respect to the stripping of pensions from elected officials not working in "eligible positions" under DRS regulations; we also discuss RCW 71.05, one of the involuntary detention laws; a sweeping case involving the mandatory reporting duty in cases of child abuse and neglect; the employee's responsibility under the vertical safety standards; and finally, we outline some of the most common issues the State Auditor keeps running into, with respect to fire districts and RFAs. | 15-03 | 2017 | 3 | March2017FINAL.pdf |
Some changes in the law cause headaches: We now discuss whether used sick leave hours carry over under the new Washington State sick leave laws effective January 1, 2018; we also consider when fire departments must pay the state contribution toward LEOFF II, in addition to the employer contribution, for fiscal years 2018 and 2019. | 15-12 | 2017 | 12 | December2017FINAL.pdf |
This Holiday issue discusses a LEOFF-2 re-employment case, pro-rationing of ad valorem property taxes, and an L&I firefighter "occupational disease" case. | 18-11 | 2020 | 11 | November2020FINAL.pdf |