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 |
Today the Firehouse Lawyer considers some important case law interpreting the importance of response times and reasonable estimates for disclosing records under the Public Records Act; legislative clarification of the 207 (k) exemption under FLSA; another important case involving civil services commissions as they relate to collective bargaining; we also look at scoring criteria for veterans; and then we address certain questionable NFPA standards that may increase litigation. | 03-12 | 1999 | 12 | v03n12dec1999.pdf |
This article concerns what bargaining units particular employees should belong to, or whether they should be included in a bargaining unit or not, depending on their status as a "confidential employee." | 13-01 | 2015 | 1 | v13n01jan2015.pdf |
Retroactive decreases in employee benefits, or the withholding or rebate of wages, present contentious legal issues: Recently, the Washington Supreme Court decided a very important case addressing these issues, in the context of benefits that may or may not exist when a collective bargaining agreement has expired; we also discuss what steps a fire department may take to obtain mitigation in the event of new development, in lieu of impact fees, under the Washington State Environmental Policy Act, RCW 43.21C. | 13-07 | 2015 | 7 | July_2015_FINAL_2.pdf |
Today we discuss our upcoming Municipal Roundtable, and a recent lawsuit filed against Washington State under RCW 76.04.760, a new statute which creates a cause of action for failure to prevent a fire on forest lands from spreading, and implications that may have for fire districts and regional fire authorities, under the public duty doctrine. | 13-12 | 2015 | 12 | December2015FINAL.pdf |
Today we discuss the concept of a "jar of muddy water" when negotiation contracts; we also discuss very important legislative changes for 2017; we then consider an alternative revenue source we call the 450 Tax, which could generate substantial revenue for fire departments; finally, we have our monthly Safety Bill. | 15-04 | 2017 | 4 | April2017FINAL.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 |