Description | Volume_Issue | Year | Month | PDF |
Today we address free speech considerations in the context of discipline; amendments to the Age Discrimination in Employment Act; the test to discern whether nepotism in hiring is legal; legislative amendments to the death benefits laws; LEOFF II employees being able to sue employers; employees not having a cause of action for “wrongful transfer in violation of public policy”; and to sum it up, we discuss physical fitness standards for firefighters. | 01-02 | 1997 | 5 | v01n02may1997.pdf |
The laws for how to dispose of real and personal property arise often in the fire service, and today we discuss some of the frequently asked questions relevant to this subject (as a side note, the surplus of personal property is also addressed in the October 2015 issue, which is contained under the “Surplus of Real Property: RCW 39.33.020” topic); we then turn to differentiating between independent contractors and employees, an important factor in determining potential liabilities and tax implications; and to conclude, we answer a tricky question about the “two-in two-out” rule. | 02-09 | 1998 | 9 | v02n09sep1998.pdf |
Today the Firehouse Lawyer addresses numerous issues, including two important ADA cases before the US Supreme Court involving the determination of whether certain employees were qualified individuals with a disability (QID); the privacy of telephone conversations under the Washington Privacy Act, RCW 9.73; local governments not being exempt from contractor licensing under L & I regulations; and finally, we look at a Washington court case addressing the applicability of the Public Records Act to the Washington State Association of Counties and the Washington State Association of County Officials. | 03-04 | 1999 | 4 | v03n04apr1999.pdf |
The law of recall in Washington is extensive, and now we consider the definitions of “misfeasance” and “malfeasance”; the importance of adopting cell phone use policies to avoid liability; we then outline the six- part test under RCW 51.08.195 to determine whether a person is an independent contractor; and then consider policies to prevent workplace violence. | 05-04 | 2005 | 4 | v05n04apr2005.pdf |
This issue addresses compensation for volunteers injured on the job, as reflected in a recent case decided by the Washington Supreme Court; we also address the implications of Initiative 901, the anti-smoking law; and finally, we talk about plans for continuation of government in the event of an emergency. | 05-12 | 2005 | 12 | v05n12dec2005.pdf |
Today we interpret RCW 42.24.180, which authorizes the issuance of warrants or checks before the legislative body has acted to approve the claims; the implications of dating in the workplace; penalties in wage-claim cases; and an occupational disease case involving Hepatitis C. | 06-04 | 2006 | 4 | v06n04apr2006.pdf |
This article addresses recent legislation pertaining to "substantially career" fire departments; various administrative code provisions related to job classifications as they affect L&I rates for employers; I-747 being stayed by our Supreme Court; and some age discrimination issues. | 06-09 | 2006 | 9 | v06n09sep2006.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 the importance of policies on recreational marijuana use, as it pertains to liability for negligence; we also discuss how overtime is calculated under FLSA in the event shifts are traded or employees substitute for one another; and finally, we consider a recent Washington Supreme Court case that has solidified the definition of "respiratory disease," as that pertains to injured firefighters. | 13-11 | 2015 | 11 | November2015FINAL.pdf |
This article discusses proposed legislation that may result in the pro-rationing of junior taxing districts' levies across Washington State; an unpublished court opinion discussing whether an email exchange violated the Open Public Meetings Act; the appointment of auditing officers to pay certain claims prior to Board approval; the burdens of proof in "occupational disease" cases for firefighters seeking L&I benefits; finally, we include our monthly Safety Bill column, which enumerates the importance of safety checklists. | 15-02 | 2017 | 2 | February2017FINAL.pdf |
The Firehouse Lawyers deal with annexation questions often, and today we discuss annexation consequences to regional fire authorities; we also consider (1) how arbitrators view calculating comparable wages and benefits, (2) wage subsidies for employers employing injured workers, and (3) a Washington court case involving lid lifts. | 16-12 | 2018 | 12 | December2018FINAL.pdf |
The Firehouse Lawyer considers the importance of privacy in the context of health care information; we also discuss potential changes to the bid laws that would impact various public agencies, disability retirement, WPFMLA leave requirements, defamation law, and the concept of "unilateral change" in labor law. | 17-03 | 2019 | 4 | MarchApril2019.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 |