| 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 |
| 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 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 |
| We now look to new developments to the long-established Firefighter’s Rule, which is a general rule of non-liability to firefighters, applicable to property owners whose negligence caused the emergency that led to the firefighter’s presence on the property where the fire (or other emergency) occurred; what pre-employment inquiries are or are not permitted under the ADA and WLAD; and we also consider whether study sessions are subject to the OPMA.
| 05-06 | 2005 | 6 | v05n06jun2005.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 various claims brought under the Washington Law Against Discrimination, and we inquire into whether paramedics may be exempt under Section 207 (k) of the Fair Labor Standards Act. | 09-02 | 2009 | 2 | v09n02feb2009.pdf |
| This article considers the implications of legislation under WLAD pertaining to sexual orientation, to what extent FLSA covers "off the clock" work, and the importance of job descriptions to setting forth the "essential functions of the job." | 09-11 | 2009 | 11 | v09n11nov2009.pdf |
| This article is a big one: We touch on the "brief explanation" requirement of the Public Records Act, calculating overtime pay, the burden of proof when claiming an occupational disease, and the burden of proof to show pretext by an employer under RCW 49.60. | 11-03 | 2013 | 12 | v11n03dec2013.pdf |
| This issue discusses an important case involving prescription drugs, and whether an employer discriminated against a prospective employee based on a perceived disability; the Disability Leave Supplement and its effect on retirement service credits; a correction of an article in last month's newsletter; a brief discussion about Nissen v. Pierce County, a Public Records Act case; and finally, we discuss aspects of the CARES statute, as it pertains to community paramedicine. | 13-09 | 2015 | 9 | September2015_ThidDraft.pdf |
| In this issue, the Firehouse Lawyer addresses recent case law arising under the Public Records and Open Public Meetings Acts; recent EEOC insights into inquires into disabilities, and how that relates to conditional offers of employment; and finally, we introduce a new column in honor of Bill Jarmon: Safety Bill. | 15-01 | 2017 | 1 | January_2017_FINAL.pdf |
| Today we discuss why fire departments should seek payments in lieu of taxes via contractual negotiation; a very important case involving gender discrimination and the wrongful discharge of an allegedly "at will" employee; a case involving privacy protections for homeless people; and finally, we consider the proper fitting of self-contained breathing apparatus under the Washington Administrative Code. | 15-10 | 2017 | 10 | October2017FINAL5.pdf |
| We now discuss the potential consequences of a change to the Washington Law Against Discrimination which further limits inquiries an employer may make into the criminal record of job applicants; we also consider the applicability of the Washington State Minimum Wage Act to shift firefighters, and the role of incident commanders. | 16-03 | 2018 | 3 | March2018FINAL.pdf |
| This issue addresses the definition of "veteran" under the Washington veterans' scoring-criteria statutes; we also discuss an important Washington case related to "vigilance-free" meal periods, and give our readers an update on developments in federal discrimination law. | 16-09 | 2018 | 9 | September2018FINAL.pdf |
| Today we consider how the Washington Law Against Discrimination may come into play in the context of Covid-19; we also discuss an unpublished court case involving the LEOFF statutes permitting civil actions against employers, and a published court case involving personnel evaluations. | 18-06 | 2020 | 6 | JuneJuly2020FINAL.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 |
| Today we comment on pending legislation relating to the 1% lid and its likelihood of passage. We also discuss bid challenges and the seconding of motions | 21-02 | 2023 | 2 | February2023FINAL.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 |