| 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 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 |
| 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. | 02-08 | 1998 | 8 | v02n08aug1998.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 |
| This issue addresses FLSA rules for excluding sleep periods from overtime; whether an employee’s FLSA-exempt status may be destroyed by an employer making improper pay deductions; affirmative defenses an employer may raise to a claim of sexual harassment; and finally, some questions about residency requirements and uses by volunteers of their personal vehicles while conducting their official duties. | 04-02 | 2000 | 2 | v04n02feb2000.pdf |
| The issue of random drug testing is a contentious one, and today we analyze whether such testing is constitutional or not; we turn next to analyze an exception to the general rule that public funds
should not ordinarily be used to support a ballot measure or a candidacy; and finally, we look at various legislative changes, including an increase in volunteer firefighter disability payments; protection from prorationing; response times; overbroad records requests; special meeting notices; and disability coverage and payments for LEOFF 2 firefighters.
| 05-05 | 2005 | 5 | v05n05may2005.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 |
| The Firehouse Lawyer loves talking about the Fair Labor Standards Act, and today we discuss the U.S. Supreme Court declining to decide a case involving whether a paramedic was 207 (k)-exempt from the overtime rules; we also discuss "red flags" for identity theft and developing policies for responding to claims. | 09-04 | 2009 | 4 | v09n04apr2009.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 |
| Multiple items are covered this month: charging non-residents of a fire district for EMS; an upgrade in fire-commissioner compensation; the U.S. Supreme Court's invalidation of the Defense of Marriage Act, and issues with the excess-levy laws. | 11-02 | 2013 | 9 | v11n02sep2013.pdf |
| The fire service should use the law to its advantage: Today we outline the formation of the local improvement district, an under-utilized source of funds for fire districts and RFAs; and we also consider the passing of Supreme Court Justice Antonin Scalia. | 14-02 | 2016 | 2 | February2016FINAL.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 consider a variety of issues today including new L&I guidance on mask-wearing, the new long-term care law, session laws pertaining to data-sharing and excessive force, a Public Records Act case involving Youtube, medical records retention, and the Affordable Care Act. | 19-05 | 2021 | 6 | MayJune2021FINAL.pdf |
| We now discuss pending legislation that would require public agencies to permit public comment periods during their regular meetings; we also discuss alienage discrimination, an update on King County litigation, and the status of the federal vaccine mandates. | 20-01 | 2022 | 1 | January2022FINAL.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 discuss a very important Title VII opinion from the US Supreme Court. We also analyze the concept of commissioner districts, and consider a new case related to the public duty doctrine. We also discuss the importance of trees in the civl-litigation context. | 22-06 | 2024 | 6 | June2024FINAL.pdf |
| Today we consider some cases from the United States Supreme Court and discuss their relevance to public agencies. We also consider GEMT issues, and litigation involving Native American Tribes, the Public Records Act, and religious discrimination. | 22-07 | 1997 | 7 | July2024FINAL.pdf |