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Public Safety Labor News Index January - December 2014 DESCRIPTION CASE CITATION ISSUE Adverse Employment Action Mayor Should Have Recused Himself From Disciplinary Case Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D. 2013) April Transfer Denial Can Amount To ‘Adverse Employment Action’ For Title VII Purposes Lavalais v. Village of Melrose Park, 734 F.3d 629 (7th Cir. 2013) April Transfer Denial Cannot Support Discrimination Claim Chaib v. State of Indiana, 744 F.3d 974 (7th Cir. 2014) May Age Discrimination Verdict Against City Of Austin Upheld City of Austin v. Chandler, 2014 WL 156689 (Tex. App. 2014) June LAFD Battalion Chief Wins Nearly $1.0 Million In Retaliation Lawsuit Miller v. City of Los Angeles, 2014 WL 5141656 (Cal. App. 2014) December Affirmative Action Supreme Court Upholds Michigan’s Ban On Race And Gender Preferences In Employment, Education Schuette v. Bamn, No. 12-682 (April 22, 2014) May Americans With Disabilities Act $680K ADA Judgment Upheld For Officer Hoback v. City of Chattanooga, 2013 WL 6698042 (6th Cir. 2013) February Medical Privacy Claim Under ADA Requires Proof Of Damages Russell v. City of Mobile Police Department, 2014 WL 114128 (11th Cir. 2014) March Temporary Impairments Can Be Covered By ADA Summers v. Altarum Institute, Corp., 740 F.3d 325 (4th Cir. 2014) April How The ADA and FMLA Interact In The Fitness- For-Duty Process White v. County of Los Angeles, 170 Cal.Rptr.3d 472 (Cal. App. 2014) July Driving Apparatus Not Necessarily Essential Function For Firefighter Rorrer v. City of Stow, 743 F.3d 1025 (6th Cir. 2014) May Indefinite Leave Not A ‘Reasonable’ Accommodation Nandori v. City of Bridegport, 2014 WL 186430 (W.D. Ky. 2014) June Threat Of A Seizure Enough To Disqualify Recruit Coleman v. Pennsylvania State Police, 2014 WL 1064379 (3d Cir. 2014) August ‘Cantankerous’ Officer Loses ADA Claim Weaving v. City of Hillsboro, 763 F.3d 1106 (9th Cir. 2014) November Arbitration Decisions Police Certification And Arbitration Reinstatement Awards City of Beaver Falls v. Beaver Falls Police Association, 77 A.3d 75 (Pa. Cmwlth. 2013) March Firefighters’ Past Practice Grievance Subject To Arbitration Orange Association of Fire Fighters v. City of Orange, 2014 WL 891591 (Tex. App. 2014) June Court Upholds Abritrator’s Opinion In Sex Case State of Alaska v. Public Safety Employees Association, 2014 WL 1773293 (Alaska 2014) June Arbitrator Harshly Criticizes Employer’s Investigation In Pornography Case City of Boynton Beach, Florida, FMCS Case #13- 56918-3 (Redwood, 2014) August Arbitrator Can Set Clear And Convincing Burden Of Proof In Disciplinary Cases Village of Posen v. Illinois Fraternal Order of Police Labor Council, 2014 Ill. App. 133329 (2014) October Benefits Miami Allowed To Reduce Wages, Eliminate Benefits, And Modify Pensions Headley v. City of Miami, 118 So.3d 885 (Fla. App. 2013) February
Transcript of Public Safety Labor Newslris.com/wp-content/uploads/pslnindicies/2014 Index.pdfCity of Boynton...
Public Safety
Labor News
Index January - December 2014 DESCRIPTION CASE CITATION ISSUE
Adverse Employment Action
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Transfer Denial Can Amount To ‘Adverse
Employment Action’ For Title VII Purposes
Lavalais v. Village of Melrose Park, 734 F.3d 629
(7th Cir. 2013)
April
Transfer Denial Cannot Support Discrimination
Claim
Chaib v. State of Indiana, 744 F.3d 974 (7th Cir.
2014)
May
Age Discrimination Verdict Against City Of Austin
Upheld
City of Austin v. Chandler, 2014 WL 156689 (Tex.
App. 2014)
June
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Affirmative Action
Supreme Court Upholds Michigan’s Ban On Race
And Gender Preferences In Employment, Education
Schuette v. Bamn, No. 12-682 (April 22, 2014) May
Americans With Disabilities Act
$680K ADA Judgment Upheld For Officer Hoback v. City of Chattanooga, 2013 WL 6698042
(6th Cir. 2013)
February
Medical Privacy Claim Under ADA Requires Proof
Of Damages
Russell v. City of Mobile Police Department, 2014
WL 114128 (11th Cir. 2014)
March
Temporary Impairments Can Be Covered By ADA Summers v. Altarum Institute, Corp., 740 F.3d 325
(4th Cir. 2014)
April
How The ADA and FMLA Interact In The Fitness-
For-Duty Process
White v. County of Los Angeles, 170 Cal.Rptr.3d
472 (Cal. App. 2014)
July
Driving Apparatus Not Necessarily Essential
Function For Firefighter
Rorrer v. City of Stow, 743 F.3d 1025 (6th Cir.
2014)
May
Indefinite Leave Not A ‘Reasonable’
Accommodation
Nandori v. City of Bridegport, 2014 WL 186430
(W.D. Ky. 2014)
June
Threat Of A Seizure Enough To Disqualify Recruit Coleman v. Pennsylvania State Police, 2014 WL
1064379 (3d Cir. 2014)
August
‘Cantankerous’ Officer Loses ADA Claim Weaving v. City of Hillsboro, 763 F.3d 1106 (9th
Cir. 2014)
November
Arbitration Decisions
Police Certification And Arbitration Reinstatement
Awards
City of Beaver Falls v. Beaver Falls Police
Association, 77 A.3d 75 (Pa. Cmwlth. 2013)
March
Firefighters’ Past Practice Grievance Subject To
Arbitration
Orange Association of Fire Fighters v. City of
Orange, 2014 WL 891591 (Tex. App. 2014)
June
Court Upholds Abritrator’s Opinion In Sex Case State of Alaska v. Public Safety Employees
Association, 2014 WL 1773293 (Alaska 2014)
June
Arbitrator Harshly Criticizes Employer’s
Investigation In Pornography Case
City of Boynton Beach, Florida, FMCS Case #13-
56918-3 (Redwood, 2014)
August
Arbitrator Can Set Clear And Convincing Burden Of
Proof In Disciplinary Cases
Village of Posen v. Illinois Fraternal Order of
Police Labor Council, 2014 Ill. App. 133329
(2014)
October
Benefits
Miami Allowed To Reduce Wages, Eliminate
Benefits, And Modify Pensions
Headley v. City of Miami, 118 So.3d 885 (Fla. App.
2013)
February
2
Missouri Trooper’s Same-Sex Partner Not Entitled
To Survivor Benefits
Glossip v. Missouri Dept. of Transp. And Highway
Patrol Employees’ Retirement System, 2013 WL
5942601 (Mo. 2013)
February
Required Retirement Contributions After Contract
Expiration Do Not Violate ‘Contracts Clause’
Teamsters Local 97 v. State of New Jersey, 84 A.3d
989 (N.J. Super. 2104)
May
USERRA Does Not Prohibit Proration Of Longevity
Pay
DeLee v. City of Plymouth, Indiana, 2014 WL
1316870 (N.D. Ind. 2014)
May
Fire Chief Loses Claim For $200k Comp Time
Payout
Marini v. City of Camden, 2014 WL 418480 (N.J.
App. 2014)
October
Bill Of Rights
California Bill Of Rights Claims Can Be Arbitrated Mitchel v. City of Santa Rosa, 2014 WL 795076
(Cal. App. 2014)
May
Bill Of Rights Limitations Statute Begins Running
Before Officer Is Identified
Pedro v. City of Los Angeles, 176 Cal.Rptr.3d 777
(Cal. App. 2014)
October
Civil Rights
Delay In Start Of Interrogation Caused By Officers,
Not Department
Quezada v. City of Los Angeles, 2014 WL 60330
(Cal. App. 2014)
February
Civil Service
Unseccessful Applicant Can Review Civil Service
Exam
In re Tundo, 2013 WL 6182458 (N.J. Super. 2013) March
Kansas Court Limits Ability To Appeal Discipline
To Civil Service Boards
Denning v. Johnson County, 329 P.3d 440 (Kan.
2014)
September
Collective Bargaining
New Jersey Sheriff, Not County Commisioners, Has
Bargaining Authority
Bergen County PBA Local 134, 2014 WL 2217822
(N.J. App. 2014)
July
Discipline Not Negotiable For Denver Firefighters City and County of Denver v. Denver Firefighters
Local No. 858, 2014 WL 812942 (Colo. 2014)
May
A Reminder That State Laws Can Be More Stringent
Than The FLSA Or Contrats
International Association of Fire Fighters, Local
3564 v. City of Grants Pass, 2014 WL 1819639
(Or. App. 2014)
June
California PERB Holds Factfinding Applies To Mid-
Term Bargaining
County of Contra Costa, No. Ad-410-M (2014) August
Police Lieutenants, Captains Are Not ‘Supervisors,’
Commanders Are
City of Portland, Case No. UC-017-13 (Or. ERB
2014)
August
Union Misses Deadlines, Loses 4% Raise Borough of Gettysburg v. Teamsters Local No. 776,
2014 WL 5462462 (Pa. Cmwlth. 2014)
December
Compensatory Time Off
State Wage Law Requires Cashout Of Comp Time
On Retirement Plourde v. Police Department of Lawrence, 7
N.E.3d 484 (2014)
June
Fire Chief Loses Claim For $200k Comp Time
Payout
Marini v. City of Camden, 2014 WL 418480 (N.J.
App. 2014)
October
Confidentiality
Privacy For Personal Email And Cell Phone Records
Of Public Officials
City of San Jose v. Superior Court, 169 Cal.Rptr.2d
840 (Cal. App. 2014)
May
No Remedy For Violation Of IA Non-Disclosure
Law
Myers v. City of Portage, 304 Mich. App. 637
(2014)
October
Constitutional Issues
Arbitration And Civil Rights Litigation Bermingham v. City of Clermont, Florida, 2013
WL 5970700 (M.D. Fla. 2013)
January
Detroit Pensions Not Protected by Constitution In
Bankruptcy
In re City of Detroit, 2013 WL 6331931 (E.D.
Mich. 2013)
February
Cleveland Firefighter Residency Bonus Struck
Down
Association of Cleveland Firefighters v. City of
Cleveland, 2013 WL 6730787 (Ohio App. 2013)
March
No Constitutional Ban On Raising Pension
Contributions For Firefighters
Taylor v. City of Gadsden, 2014 WL 4548614 (11th
Cir. 2014)
November
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Constructive Discharge
Affair Is Not Matter Of Public Concern Lightfoot v. Town of Prosper, 2013 WL 4049001
(E.D. Tex. 2013)
February
Criminal Issues
Conviction of Misdemeanor Crime Of Domestic
Violence Extinguishes Due Process Rights
Arganda v. City of Westminister, 2013 WL 6056491
(C.D. Cal. 2013)
February
No Free Speech Violation Posed By Ban On
Releasing PD Materials While Criminal
Investivation Active
Baumann v. District of Columbia, 2013 WL 578713
(D. D.C. 2013)
March
Trooper’s Disability Benefits Do Not Stop With
Criminal Conviction
Merino v. State of Washington, 2014 WL 941949
(Wash. App. 2014)
June
Rank Matters In Fire Department Scroggins v. City of Shreveport, 2014 WL 2547805
(W.D. La. 2014)
September
Arbitrator Can Set Clear And Convincing Burden Of
Proof In Disciplinary Cases
Village of Posen v. Illinois Fraternal Order of
Police Labor Council, 2014 Ill. App. 133329
(2014)
October
Not Unreasonable For FOP To Deny Legal
Coverage
Ferreyra v. FOP Legal Plan, 2014 WL 2959015
(D. D.C. 2014)
November
Defamation
Affair Is Not Matter Of Public Concern Lightfoot v. Town of Prosper, 2013 WL 4049001
(E.D. Tex. 2013)
February
Arbitrator Harshly Criticizes Employer’s
Investigation In Pornography Case
City of Boynton Beach, Florida, FMCS Case #13-
56918-3 (Redwood, 2014)
August
Demotion
Demotion, Not Termination, Usually The
Appropriate Punishment For Supervisory Failures
City of Calexico v. Calexico Personnel
Commission, 2013 WL 6044112 (Cal. App. 2013)
January
Transfer Of Detective Sergeant To Patrol Held
Retaliatory
Fraternal Order of Police, Prince George’s County
Public Employee Relations Board (2014)
September
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Age Matters In Layoff Decisions Dyals v. Gregory, 2014 WL 4629106 (S.D. Ga.
2014)
December
Disability Issues
Officer’s Ability To Perform As Public Affairs
Officer Does Not Invalidate Disability Status
Beckley v. Board of Administration, 2013 WL
6191070 (Cal. App. 2013)
January
Temporary Impairments Can Be Covered By ADA Summers v. Altarum Institute, Corp., 740 F.3d 325
(4th Cir. 2014)
April
Light-Duty Work Need Not Carry Premium Pay County of Nevada v. Workers’ Compensation
Appeals Board, 167 Cal. Rptr.3d 455 (Cal. App.
2014)
April
Officer’s Injury During Paid Lunch Not
Compensible Under Worker’s Comp Politza v. Board of Trustees, 2014 WL 463064
(N.J. Super. 2014)
July
Indefinite Leave Not A ‘Reasonable’
Accommodation
Nandori v. City of Bridegport, 2014 WL 186430
(W.D. Ky. 2014)
June
The Tough Standard For ‘Accidental’ Disabilities Del Salto v. DiNapoli, 982 N.Y.S.2d 796 (A.D.
2014)
June
Trooper’s Disability Benefits Do Not Stop With
Criminal Conviction
Merino v. State of Washington, 2014 WL 941949
(Wash. App. 2014)
June
State Wage Law Requires Cashout Of Comp Time
On Retirement Plourde v. Police Department of Lawrence, 7
N.E.3d 484 (2014)
June
Officer Loses Duty Disability Claim By Trying To
Bench Press Too Much
Shafer v. Lake in the Hills Pension Board, 2014 IL
App (2d) 131002-U (Ill. App. 2014)
October
Illinois Post-Retirement Health Insurance
Constitutionally Protected
Kanerva v. Weems, 2014 IL 115811 (Ill. 2014) October
‘Cantankerous’ Officer Loses ADA Claim Weaving v. City of Hillsboro, 763 F.3d 1106 (9th
Cir. 2014)
November
4
Discipline
No Free Speech Violation Posed By Ban On
Releasing PD Materials While Criminal
Investivation Active
Baumann v. District of Columbia, 2013 WL 578713
(D. D.C. 2013)
March
Police Certification And Arbitration Reinstatement
Awards
City of Beaver Falls v. Beaver Falls Police
Association, 77 A.3d 75 (Pa. Cmwlth. 2013)
March
Colorful Decision Upholds Discrimination Verdict
For Firefighter
Smith v. City of New Smyrna Beach, 2013 WL
5230659 (M.D. Fla. 2013)
March
Brady Does Not Necessarily Require Discharge Of
Untruthful Trooper
Wetherington v. N.C. Department of Crime Control
& Public Safety, 752 S.E.2d 511 (N.C. App. 2013)
March
Due Process Requires Pre-Discipline Hearing Even
If Appeal Rights Exist
Gross v. Billage of Minerva Park Village Council,
2014 WL 467337 (S.D. Ohio 2014)
April
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Federal Court Of Appeals Holds That Disparate
Discipline And Anti-Union Remarks Support First
Amendment Claims Of Police Officer And Union
Cillo v. City of Greenwood Village, 739 F.3d 451
(10th Cir. 2014)
April
Sergeant Can Be Disciplined For Working Without
Permission
Foss v. Township of Pennsauken, 2014 WL 502547
(N.J. Super. 2014)
April
Missed Time Line Does Not Necessarily Mean
Officer’s Lawyer Liable For Malpractice
Pannone v. Silberstein, 2014 WL 2459492 (A.D.
2014)
July
Discipline Not Negotiable For Denver Firefighters City and County of Denver v. Denver Firefighters
Local No. 858, 2014 WL 812942 (Colo. 2014)
May
Police Lieutenants, Captains Are Not ‘Supervisors,’
Commanders Are
City of Portland, Case No. UC-017-13 (Or. ERB
2014)
August
Weingarten Rights Apply To Written Statements City of New Haven, Decision No. 4720 (Conn.
SBLR 2014)
September
The Importance Of Intent In Termination Cases State of Florida, Department of Corrections, 2014
WL 2730754 (Abrams, 2014)
September
Union Has Right To Conduct Parallel Disciplinary
Investigation
Washington State Patrol, Decision11863-A (PECB,
2014)
September
Kansas Court Limits Ability To Appeal Discipline
To Civil Service Boards
Denning v. Johnson County, 329 P.3d 440 (Kan.
2014)
September
Bill Of Rights Limitations Statute Begins Running
Before Officer Is Identified
Pedro v. City of Los Angeles, 176 Cal.Rptr.3d 777
(Cal. App. 2014)
October
Discrimination
Missouri Trooper’s Same-Sex Partner Not Entitled
To Survivor Benefits
Glossip v. Missouri Dept. of Transp. And Highway
Patrol Employees’ Retirement System, 2013 WL
5942601 (Mo. S. Ct., Oct. 29, 2013)
February
Affair Is Not Matter Of Public Concern Lightfoot v. Town of Prosper, 2013 WL 4049001
(E.D. Tex. 2013)
February
Temporary Impairments Can Be Covered By ADA Summers v. Altarum Institute, Corp., 740 F.3d 325
(4th Cir. 2014)
April
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Pattern Of Racist Comments Can Be Basis For
Harassment Claim
Ellis v. Houston, 742 F.3d 307 (8th Cir. 2014) April
Gender Stereotyping Can Be Basis For Lawsuit Roadcloud v. City of Philadelphia, 2014 WL 43759
(E.D. Pa. 2014)
May
California Bill Of Rights Claims Can Be Arbitrated Mitchel v. City of Santa Rosa, 2014 WL 795076
(Cal. App. 2014)
May
Transfer Denial Cannot Support Discrimination
Claim
Chaib v. State of Indiana, 744 F.3d 974 (7th Cir.
2014)
May
Age Discrimination Verdict Against City Of Austin
Upheld
City of Austin v. Chandler, 2014 WL 156689 (Tex.
App. 2014)
June
POST Board Can Be Defendant In Discrimination
Lawsuit
Pathan v. State of Connecticut, 2014 WL 1998243
(D. Conn. 2014)
August
5
Rank Matters In Fire Department Scroggins v. City of Shreveport, 2014 WL 2547805
(W.D. La. 2014)
September
Age Matters In Layoff Decisions Dyals v. Gregory, 2014 WL 4629106 (S.D. Ga.
2014)
December
Dishonesty
Employee Can Waive HIPAA Rights Hopkins v. Balachandran, 146 Conn. App. 44
(2013)
January
Affair Is Not Matter Of Public Concern Lightfoot v. Town of Prosper, 2013 WL 4049001
(E.D. Tex. 2013)
February
Brady Does Not Necessarily Require Discharge Of
Untruthful Trooper
Wetherington v. N.C. Department of Crime Control
& Public Safety, 752 S.E.2d 511 (N.C. App. 2013)
March
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
California Bill Of Rights Claims Can Be Arbitrated Mitchel v. City of Santa Rosa, 2014 WL 795076
(Cal. App. 2014)
May
For The Second Time, Court Orders Employer To
Reinstate Officer
City Manager of Worcester v. New England Police
Benevolent Association, 2014 WL 1884385 (Mass.
App. 2014)
June
Kansas Court Limits Ability To Appeal Discipline
To Civil Service Boards
Denning v. Johnson County, 329 P.3d 440 (Kan.
2014)
September
No Second Try For Employer In Drug Case California Department of Corrections and
Rehabilitation v. California State Personnel Board,
2014 WL 4723329 (Cal. App. 2014)
October
California Courts Continue Hard Line On Officer
Honesty
Gore v. San Diego County Civil Service
Commisssion, 2014 WL 4628022 (Cal. App. 2014)
November
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Surveillance Does Not Violate Deputy’s Privacy
Rights
Brock v. Dunning, 288 Neb. 909 (2014) December
Drop Plan
DROP Payments Cannot Be Used To Offset
Workers’ Compensation Benefits
Baltimore County v. Thiergartner, 2014 WL
1245031 (Md. App. 2014)
June
Drug Testing
Mandatory Post-Shooting Breathalyzer Testing of
NYPD Officers Is Legal
Lynch v. NYPD, 2013 WL 6037215 (2d Cir. 2013) January
Officer Reinstated When Drug Test Uses Wrong
Cut-Off Levels
DeSalvo v. Department of Police, 2014 WL
2420223 (La. App. 2014)
August
No Second Try For Employer In Drug Case California Department of Corrections and
Rehabilitation v. California State Personnel Board,
2014 WL 4723329 (Cal. App. 2014)
October
Boston PD Hair Tests Ruled Invalid Boston Police Department v. Civil Service
Commission, No. 13-1250-A (Mass. Super. 2014)
December
Due Process
Conviction of Misdemeanor Crime Of Domestic
Violence Extinguishes Due Process Rights
Arganda v. City of Westminister, 2013 WL 6056491
(C.D. Cal. 2013)
February
‘Not-Resolved’ Complaints Require Bill Of Rights
Hearing
Los Angeles Police Protective League v. City of Los
Angeles, 2013 WL 6073501 (Cal. App. 2013)
March
Unseccessful Applicant Can Review Civil Service
Exam
In re Tundo, 2013 WL 6182458 (N.J. Super. 2013) March
Due Process Requires Pre-Discipline Hearing Even
If Appeal Rights Exist
Gross v. Billage of Minerva Park Village Council,
2014 WL 467337 (S.D. Ohio 2014)
April
Missed Time Line Does Not Necessarily Mean
Officer’s Lawyer Liable For Malpractice
Pannone v. Silberstein, 2014 WL 2459492 (A.D.
2014)
July
California Bill Of Rights Claims Can Be Arbitrated Mitchel v. City of Santa Rosa, 2014 WL 795076
(Cal. App. 2014)
May
6
Participation In Arbitration Hearing Forecloses Later
Challenge To Decision
Keylon v. City of Dos Palos, 2014 WL 2957808 September
Relying On Uncharged Offenses Violates Due
Process
Ray v. Mississippi Department of Public Safety,
2014 WL 5334783 (Miss. App. 2014)
December
Duty Of Fair Representation
Federal Courts Have No Authority Over Local Duty
Of Fair Representation Claims
Gray v. San Francisco Deputy Sheriffs Association,
2013 WL 6351029 (N.D. Cal. 2013)
January
Family and Medical Leave Act
$680K ADA Judgment Upheld For Officer Hoback v. City of Chattanooga, 2013 WL 6698042
(6th Cir. 2013)
February
How The ADA and FMLA Interact In The Fitness-
For-Duty Process
White v. County of Los Angeles, 170 Cal.Rptr.3d
472 (Cal. App. 2014)
July
Proximity In Time Does Not Necessarily Mean
Retaliation
Karaffa v. Township of Montgomery, 560
Fed.Appx. 133 (3d Cir. 2014)
October
Fair Labor Standards Act
Supreme Court Makes Donning/Doffing Cases
Harder To Prove
Sandifer v. United States Steel Corp., 134 S. Ct.
870 (2014)
March
LAFD Dispatchers, Aeromedical Technicians Not
Firefighters For FLSA Purposes
Haro v. City of Los Angeles, 2014 WL 1013244
(9th Cir. 2014)
May
A Reminder That State Laws Can Be More Stringent
Than The FLSA Or Contrats
International Association of Fire Fighters, Local
3564 v. City of Grants Pass, 2014 WL 1819639
(Or. App. 2014)
June
FLSA Does Not Prohibit Flex Time Norris v. Missouri Department of Corrections,
2014 WL 1056906 (E.D. Mo. 2014)
June
State Wage Law Requires Cashout Of Comp Time
On Retirement Plourde v. Police Department of Lawrence, 7
N.E.3d 484 (2014)
June
FLSA Does Not Necessarily Require Pay For
Corrections Meal Periods
Babcock v. Butler County, 2014 WL 688122 (W.D.
Pa. 2014)
September
What Does It Take To ‘Establish’ A Section 207(k)
Exemption?
Rosano v. Township of Teaneck, 754 F.3d 177 (3d
Cir. 2014)
October
Firefighter’s Rule
Fitness For Duty
Mandatory Post-Shooting Breathalyzer Testing of
NYPD Officers Is Legal
Lynch v. NYPD, 2013 WL 6037215 (2d Cir. 2013) January
Threat Of A Seizure Enough To Disqualify Recruit Coleman v. Pennsylvania State Police, 2014 WL
1064379 (3d Cir. 2014)
August
Injury Suffered While Exercising Before Work Held
Compensable
Young v. Workers’ Compensation Appeals Board,
173 Cal.Rptr. 3d 643 (Cal. App. 2014)
August
Officer Loses Duty Disability Claim By Trying To
Bench Press Too Much
Shafer v. Lake in the Hills Pension Board, 2014 IL
App (2d) 131002-U (Ill. App. 2014)
October
Proximity In Time Does Not Necessarily Mean
Retaliation
Karaffa v. Township of Montgomery, 560
Fed.Appx. 133 (3d Cir. 2014)
October
‘Cantankerous’ Officer Loses ADA Claim Weaving v. City of Hillsboro, 763 F.3d 1106 (9th
Cir. 2014)
November
Firefighter’s Basketball Injury Covered By Workers’
Comp Taylorville Fire Dept. v. Illinois Workers’
Compensation Comm’n., 2014 WL 5042098 (Ill.
App. 2014)
November
Freedom Of Association
Membership In Motorcycle Club Can Be
Constitutionally Protected
Colbert v. City of McKinney, Texas, 2013 WL
3368237 (E.D. Tex. 2013)
January
7
No Violation To Freeze Pension When Retired
Firefighter Elected To City Council
Loscombe v. City of Scranton, 2013 WL 5876995
(MD. Pa. 2013)
January
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Freedom Of Information Act
Unredacted Emails Sent Through City Email
Accounts Given Privacy Protection
District of Columbia v. FOP, Metropolitan Police
Department Labor Committee, 75 A.3d 259 (D.C.
App. 2013)
January
Dashcam Videos Disclosable Under Public Records
Law
Fisher Broadcasting-Seattle TV v. City of Seattle,
326 P.3d 688 (Wash. 2014)
August
Freedom Of Speech
Membership In Motorcycle Club Can Be
Constitutionally Protected
Colbert v. City of McKinney, Texas, 2013 WL
3368237 (E.D. Tex. 2013)
January
No Violation To Freeze Pension When Retired
Firefighter Elected To City Council
Loscombe v. City of Scranton, 2013 WL 5876995
(MD. Pa. 2013)
January
Arbitration And Civil Rights Litigation Bermingham v. City of Clermont, Florida, 2013
5970700(MD. Fla. 2013)
January
Protests Of Quota System Part Of Corporal’s Job,
And Thus Unprotected By Constitution
Taylor v. Pawlowski, 2013 WL 6697873 (3d Cir.
2013)
February
Affair Is Not Matter Of Public Concern Lightfoot v. Town of Prosper, 2013 WL 4049001
(E.D. Tex. 2013)
February
No Free Speech Violation Posed By Ban On
Releasing PD Materials While Criminal
Investivation Active
Baumann v. District of Columbia, 2013 WL 578713
(D. D.C. 2013)
March
Corrections Officer Recovers $1.67 Million In
Retaliation Case
Hughes v. California Department of Corrections,
2014 WL 251903 (Cal. App. 2014)
March
Supreme Court Reels In Garcetti Rule Lane v. Franks, 2014 WL 276285 (S. Ct. 2014) July
Discussions At Union E-Board Meeting Privileged Merced County Sheriff’s Employee Association v.
City of Merced, #2361-M (Cal. PERB 2014)
July
NLRB Finds Employee’s Facebook ‘Like’ and
Comment Protected By Labor Law
Three D, LLC (Triple Play), 361 NLRB No. 31
(2014)
October
No Free Speech Right To Criticize Department
Rules
Isaiah v. City of Pine Lawn, 2014 WL 3928270
(E.D. Mo. 2014)
October
Union Loses Request For TRO To Stop
Investigation Of President
State Troopers Fraternal Association of New
Jersey, Inc. v. State of New Jersey, 2014 WL
4495130 (3d Cir. 2014)
November
Furloughs/Layoffs
Sergeant Can Be Disciplined For Working Without
Permission
Foss v. Township of Pennsauken, 2014 WL 502547
(N.J. Super. 2014)
April
Age Matters In Layoff Decisions Dyals v. Gregory, 2014 WL 4629106 (S.D. Ga.
2014)
December
Garrity Rule
GPS Tracking
Grievance Procedures
Retirees Not ‘Members’ For Purposes Of Grievance
Procedure
Buff v. Village of Manlius, 115 A.D.3d 1156 (A.D.
2014)
July
Firefighters’ Past Practice Grievance Subject To
Arbitration
Orange Association of Fire Fighters v. City of
Orange, 2014 WL 891591 (Tex. App. 2014)
June
Police Lieutenants, Captains Are Not ‘Supervisors,’
Commanders Are
City of Portland, Case No. UC-017-13 (Or. ERB
2014)
August
8
Harassment
Unredacted Emails Sent Through City Email
Accounts Given Privacy Protection
District of Columbia v. FOP, Metropolitan Police
Department Labor Committee, 75 A.3d 259 (D.C.
App. 2013)
January
Gender Stereotyping Can Be Basis For Lawsuit Roadcloud v. City of Philadelphia, 2014 WL 43759
(E.D. Pa. 2014)
May
Proximity In Time Does Not Necessarily Mean
Retaliation
Karaffa v. Township of Montgomery, 560
Fed.Appx. 133 (3d Cir. 2014)
October
Healthcare/Insurance
Health Administrator’s Involvement In Union
Election Held Improper
Zampogna v. Law Enforcement Health Benefits,
Inc., 2013 WL 6190186 (Pa. Cmwlth. 2013)
January
Detroit Pensions Not Protected by Constitution In
Bankruptcy
In re City of Detroit, 2013 WL 6331931 (E.D.
Mich. 2013)
February
Miami Allowed To Reduce Wages, Eliminate
Benefits, And Modify Pensions
Headley v. City of Miami, 118 So.3d 885 (Fla. App.
2013)
February
Heart-Lung Presumption Applies To Diseases With
No Known Cause Crane v. Washington State Department of Labor
and Industries, 2013 WL 5561250 (Wash. App.
2013)
April
Retirees Not ‘Members’ For Purposes Of Grievance
Procedure
Buff v. Village of Manlius, 115 A.D.3d 1156 (A.D.
2014)
July
Required Retirement Contributions After Contract
Expiration Do Not Violate ‘Contracts Clause’
Teamsters Local 97 v. State of New Jersey, 84 A.3d
989 (N.J. Super. 2104)
May
Illinois Post-Retirement Health Insurance
Constitutionally Protected
Kanerva v. Weems, 2014 IL 115811 (Ill. 2014) October
Legally Separated Spouse Entitled To Insurance
Benefits
Petition of Malisos, 2014 WL 4476982 (N.H. 2014) October
Toledo Not Allowed To Unilaterally Modify
Contract Provisions
Toledo Police Command Officers’ Association v.
SERB, 2014 WL 4824268 (Ohio App. 2014)
November
In Absence Of Binding Promise, No Protection For
Post-Retirement Insurance
Chritiansen v. County of Douglas, 288 Neb. 564
(Sup. 2014)
November
Hiring
Supreme Court Upholds Michigan’s Ban On Race
And Gender Preferences In Employment, Education
Schuette v. Bamn, No. 12-682 (April 22, 2014) May
Officers’ Personnel Files Discoverable In
Discrimination Litigation
Barella V. Village of Freeport, 296 F.R.D. 102
(E.D.N.Y. 2013)
May
Holidays
Hours Of Work
Supreme Court Makes Donning/Doffing Cases
Harder To Prove
Sandifer v. United States Steel Corp., 134 S. Ct.
870 (2014)
March
FLSA Does Not Prohibit Flex Time Norris v. Missouri Department of Corrections,
2014 WL 1056906 (E.D. Mo. 2014)
June
FLSA Does Not Necessarily Require Pay For
Corrections Meal Periods
Babcock v. Butler County, 2014 WL 688122 (W.D.
Pa. 2014)
September
Proximity In Time Does Not Necessarily Mean
Retaliation
Karaffa v. Township of Montgomery, 560
Fed.Appx. 133 (3d Cir. 2014)
October
Insubordination
Rank Matters In Fire Department Scroggins v. City of Shreveport, 2014 WL 2547805
(W.D. La. 2014)
September
9
Internal Affairs Issues
Protests Of Quota System Part Of Corporal’s Job,
And Thus Unprotected By Constitution
Taylor v. Pawlowski, 2013 WL 6697873 (3d Cir.
2013)
February
Delay In Start Of Interrogation Caused By Officers,
Not Department
Quezada v. City of Los Angeles, 2014 WL 60330
(Cal. App. 2014)
February
No Free Speech Violation Posed By Ban On
Releasing PD Materials While Criminal
Investivation Active
Baumann v. District of Columbia, 2013 WL 578713
(D. D.C. 2013)
March
Cell Phone Searches After The Supreme Court’s
Riley Decision
Riley v. California, 573 U.S.____(2014) July
Supreme Court Reels In Garcetti Rule Lane v. Franks, 2014 WL 276285 (S. Ct. 2014) July
California Bill Of Rights Claims Can Be Arbitrated Mitchel v. City of Santa Rosa, 2014 WL 795076
(Cal. App. 2014)
May
Arbitrator Harshly Criticizes Employer’s
Investigation In Pornography Case
City of Boynton Beach, Florida, FMCS Case #13-
56918-3 (Redwood, 2014)
August
Union Has Right To Conduct Parallel Disciplinary
Investigation
Washington State Patrol, Decision11863-A (PECB,
2014)
September
Union Loses Request For TRO To Stop
Investigation Of President
State Troopers Fraternal Association of New
Jersey, Inc. v. State of New Jersey, 2014 WL
4495130 (3d Cir. 2014)
November
Job Duties
Officer’s Off-Duty Drowning Held Job-Related Schultz v. Pojlaque Tribal Police Department, 2013
WL 4499132 (N.M. App. 2013)
January
Demotion, Not Termination, Usually The
Appropriate Punishment For Supervisory Failures
City of Calexico v. Calexico Personnel
Commission, 2013 WL 6044112 (Cal. App. 2013)
January
Officer’s Ability To Perform As Public Affairs
Officer Does Not Invalidate Disability Status
Beckley v. Board of Administration, 2013 WL
6191070 (Cal. App. 2013)
January
Injury Suffered While Exercising Before Work Held
Compensable
Young v. Workers’ Compensation Appeals Board,
173 Cal.Rptr. 3d 643 (Cal. App. 2014)
August
Job Protections
Due Process Requires Pre-Discipline Hearing Even
If Appeal Rights Exist
Gross v. Billage of Minerva Park Village Council,
2014 WL 467337 (S.D. Ohio 2014)
April
Just Cause
Arbitration And Civil Rights Litigation Bermingham v. City of Clermont, Florida, 2013
5970700 (MD. Fla. 2013)
January
Court Upholds Abritrator’s Opinion In Sex Case State of Alaska v. Public Safety Employees
Association, 2014 WL 1773293 (Alaska 2014)
June
For The Second Time, Court Orders Employer To
Reinstate Officer
City Manager of Worcester v. New England Police
Benevolent Association, 2014 WL 1884385 (Mass.
App. 2014)
June
Officer Reinstated When Drug Test Uses Wrong
Cut-Off Levels
DeSalvo v. Department of Police, 2014 WL
2420223 (La. App. 2014)
August
Boston PD Hair Tests Ruled Invalid Boston Police Department v. Civil Service
Commission, No. 13-1250-A (Mass. Super. 2014)
December
Medical Examinations
Officer’s Ability To Perform As Public Affairs
Officer Does Not Invalidate Disability Status
Beckley v. Board of Administration, 2013 WL
6191070 (Cal. App. 2013)
January
$680K ADA Judgment Upheld For Officer Hoback v. City of Chattanooga, 2013 WL 6698042
(6th Cir. 2013)
February
Police Certification And Arbitration Reinstatement
Awards
City of Beaver Falls v. Beaver Falls Police
Association, 77 A.3d 75 (Pa. Cmwlth. 2013)
March
10
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Indefinite Leave Not A ‘Reasonable’
Accommodation
Nandori v. City of Bridegport, 2014 WL 186430
(W.D. Ky. 2014)
June
‘Cantankerous’ Officer Loses ADA Claim Weaving v. City of Hillsboro, 763 F.3d 1106 (9th
Cir. 2014)
November
Valley Fever Covered By Heart-Lung Law Gorre v. City ofTacoma, 324 P3.d 716 (Wash. App.
2014)
December
Surveillance Does Not Violate Deputy’s Privacy
Rights
Brock v. Dunning, 288 Neb. 909 (2014) December
Military Leave
Employer Allowed To Recover Overpayments, With
Limitations
Irvington PBA, Local 29 v. Township of Irvington,
2014 WL 2765700 (N.J. Super. A.D. 2014)
August
Misconduct
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Discipline Not Negotiable For Denver Firefighters City and County of Denver v. Denver Firefighters
Local No. 858, 2014 WL 812942 (Colo. 2014)
May
Court Upholds Abritrator’s Opinion In Sex Case State of Alaska v. Public Safety Employees
Association, 2014 WL 1773293 (Alaska 2014)
June
For The Second Time, Court Orders Employer To
Reinstate Officer
City Manager of Worcester v. New England Police
Benevolent Association, 2014 WL 1884385 (Mass.
App. 2014)
June
Bill Of Rights Limitations Statute Begins Running
Before Officer Is Identified
Pedro v. City of Los Angeles, 176 Cal.Rptr.3d 777
(Cal. App. 2014)
October
Not Unreasonable For FOP To Deny Legal
Coverage
Ferreyra v. FOP Legal Plan, 2014 WL 2959015
(D. D.C. 2014)
November
Off-Duty Employment
‘Pecking Order’ For Special Details Subject To
Negotiations
Town of Burlington v. Commonwealth Employment
Relations Board, 9 N.E.3d 348 (Mass. App. 2014)
September
Overtime
LAFD Dispatchers, Aeromedical Technicians Not
Firefighters For FLSA Purposes
Haro v. City of Los Angeles, 2014 WL 1013244
(9th Cir. 2014)
May
A Reminder That State Laws Can Be More Stringent
Than The FLSA Or Contrats
International Association of Fire Fighters, Local
3564 v. City of Grants pass, 2014 WL 1819639 (Or.
App. 2014)
June
FLSA Does Not Prohibit Flex Time Norris v. Missouri Department of Corrections,
2014 WL 1056906 (E.D. Mo. 2014)
June
What Does It Take To ‘Establish’ A Sectio 207 (k)
Exemption?
Rosano v. Township of Teaneck, 754 F.3d 177 (3d
Cir. 2014)
October
Fire Chief Loses Claim For $200k Comp Time
Payout
Marini v. City of Camden, 2014 WL 418480 (N.J.
App. 2014)
October
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Past Practice
Firefighters’ Past Practice Grievance Subject To
Arbitration
Orange Association of Fire Fighters v. City of
Orange, 2014 WL 891591 (Tex. App. 2014)
June
‘Pecking Order’ For Special Details Subject To
Negotiations
Town of Burlington v. Commonwealth Employment
Relations Board, 9 N.E.3d 348 (Mass. App. 2014)
September
11
Subcontracting Prohibition Can Be Implied In
Contract
Professional Firefighters Association of Nassau
County v. Village of Garden City, 989 N.Y.S.2d
327 (N.Y. A.D. 2014)
October
Personal Appearance
NYPD’s No-Beards Policy Falls Because Of
Inconsistent Administration
Litzman v. NYPD, 2013 WL 6049066 (S.D. N.Y.
2013)
February
Polygraph Examinations
Post-Traumatic Stress Disorder
Court Rules That Seeing Suspect Killed Is ‘Normal’
For Police Cook v. East Greenbush Police Department, 114
A.D.3d 1005 (N.Y. A.D. 2014)
April
Probationary Employees
Transfer Denial Cannot Support Discrimination
Claim
Chaib v. State of Indiana, 744 F.3d 974 (7th Cir.
2014)
May
Promotions
‘Not-Resolved’ Complaints Require Bill Of Rights
Hearing
Los Angeles Police Protective League v. City of Los
Angeles, 2013 WL 6073501 (Cal. App. 2013)
March
Age Discrimination Verdict Against City Of Austin
Upheld
City of Austin v. Chandler, 2014 WL 156689 (Tex.
App. 2014)
June
‘Lame Duck’ Promotion Overturned Polkowitz v. Township of Edison, 2014 WL
4109019 (N.J. App. 2014)
December
Property Rights
Due Process Requires Pre-Discipline Hearing Even
If Appeal Rights Exist
Gross v. Billage of Minerva Park Village Council,
2014 WL 467337 (S.D. Ohio 2014)
April
Public Policy
Privacy For Personal Email And Cell Phone Records
Of Public Officials
City of San Jose v. Superior Court, 169 Cal.Rptr.2d
840 (Cal. App. 2014)
May
Arbitrator Can Set Clear And Convincing Burden Of
Proof In Disciplinary Cases
Village of Posen v. Illinois Fraternal Order of
Police Labor Council, 2014 Ill. App. 133329
(2014)
October
Racial Discrimination
Transfer Denial Can Amount To ‘Adverse
Employment Action’ For Title VII Purposes
Lavalais v. Village of Melrose Park, 734 F.3d 629
(7th Cir. 2013)
April
Officers’ Personnel Files Discoverable In
Discrimination Litigation
Barella V. Village of Freeport, 296 F.R.D. 102
(E.D.N.Y. 2013)
May
POST Board Can Be Defendant In Discrimination
Lawsuit
Pathan v. State of Connecticut, 2014 WL 1998243
(D. Conn. 2014)
August
Racial Harassment
Pattern Of Racist Comments Can Be Basis For
Harassment Claim
Ellis v. Houston, 742 F.3d 307 (8th Cir. 2014) April
Records
Dashcam Videos Disclosable Under Public Records
Law
Fisher Broadcasting-Seattle TV v. City of Seattle,
326 P.3d 688 (Wash. 2014)
August
Minnesota Employees Have Right To Hearings On
Performance Evaluations
Schwanke v. Minnesota Department of
Administration, 851 N.W.2d 591 (Minn. 2014)
December
12
Residency Requirements
Cleveland Firefighter Residency Bonus Struck
Down
Association of Cleveland Firefighters v. City of
Cleveland, 2013 WL 6730787 (Ohio App. 2013)
March
New York’s Residency Requirement Can Lawfully
Exempt Police But Not Deputies
Langemead v. Monroe County Office of the Sheriff,
2013 WL 3759958 (W.D. N.Y. 2013)
April
Retaliation
Arbitration And Civil Rights Litigation Bermingham v. City of Clermont, Florida, 2013
5970700(MD. Fla. 2013)
January
Protests Of Quota System Part Of Corporal’s Job,
And Thus Unprotected By Constitution
Taylor v. Pawlowski, 2013 WL 6697873 (3d Cir.
2013)
February
Corrections Officer Recovers $1.67 Million In
Retaliation Case
Hughes v. California Department of Corrections,
2014 WL 251903 (Cal. App. 2014)
March
Transfer Denial Can Amount To ‘Adverse
Employment Action’ For Title VII Purposes
Lavalais v. Village of Melrose Park, 734 F.3d 629
(7th Cir. 2013)
April
Supreme Court Reels In Garcetti Rule Lane v. Franks, 2014 WL 276285 (S. Ct. 2014) July
Transfer Of Detective Sergeant To Patrol Held
Retaliatory
Fraternal Order of Police, Prince George’s County
Public Employee Relations Board (2014)
September
Proximity In Time Does Not Necessarily Mean
Retaliation
Karaffa v. Township of Montgomery, 560
Fed.Appx. 133 (3d Cir. 2014)
October
Union Loses Request For TRO To Stop
Investigation Of President
State Troopers Fraternal Association of New
Jersey, Inc. v. State of New Jersey, 2014 WL
4495130 (3d Cir. 2014)
November
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Retirement/Pension
No Violation To Freeze Pension When Retired
Firefighter Elected To City Council
Loscombe v. City of Scranton, 2013 WL 5876995
(MD. Pa. 2013)
January
Detroit Pensions Not Protected by Constitution In
Bankruptcy
In re City of Detroit, 2013 WL 6331931 (E.D.
Mich. 2013)
February
Officer’s Injury During Paid Lunch Not
Compensible Under Worker’s Comp Politza v. Board of Trustees, 2014 WL 463064
(N.J. Super. 2014)
July
Retirees Not ‘Members’ For Purposes Of Grievance
Procedure
Buff v. Village of Manlius, 115 A.D.3d 1156 (A.D.
2014)
July
Required Retirement Contributions After Contract
Expiration Do Not Violate ‘Contracts Clause’
Teamsters Local 97 v. State of New Jersey, 84 A.3d
989 (N.J. Super. 2104)
May
Indefinite Leave Not A ‘Reasonable’
Accommodation
Nandori v. City of Bridegport, 2014 WL 186430
(W.D. Ky. 2014)
June
State Wage Law Requires Cashout Of Comp Time
On Retirement Plourde v. Police Department of Lawrence, 7
N.E.3d 484 (2014)
June
DROP Payments Cannot Be Used To Offset
Workers’ Compensation Benefits
Baltimore County v. Thiergartner, 2014 WL
1245031 (Md. App. 2014)
June
Illinois Post-Retirement Health Insurance
Constitutionally Protected
Kanerva v. Weems, 2014 IL 115811 (Ill. 2014) October
Legally Separated Spouse Entitled To Insurance
Benefits
Petition of Malisos, 2014 WL 4476982 (N.H. 2014) October
No Constitutional Ban On Raising Pension
Contributions For Firefighters
Taylor v. City of Gadsden, 2014 WL 4548614 (11th
Cir. 2014)
November
Toledo Not Allowed To Unilaterally Modify
Contract Provisions
Toledo Police Command Officers’ Association v.
SERB, 2014 WL 4824268 (Ohio App. 2014)
November
In Absence Of Binding Promise, No Protection For
Post-Retirement Insurance
Chritiansen v. County of Douglas, 288 Neb. 564
(Sup. 2014)
November
13
Right To Privacy
Mandatory Post-Shooting Breathalyzer Testing of
NYPD Officers Is Legal
Lynch v. NYPD, 2013 WL 6037215 (2d Cir. 2013) January
Membership In Motorcycle Club Can Be
Constitutionally Protected
Colbert v. City of McKinney, Texas, 2013 WL
3368237 (E.D. Tex. 2013)
January
Unredacted Emails Sent Through City Email
Accounts Given Privacy Protection
District of Columbia v. FOP, Metropolitan Police
Department Labor Committee, 75 A.3d 259 (D.C.
App. 2013)
January
Medical Privacy Claim Under ADA Requires Proof
Of Damages
Russell v. City of Mobile Police Department, 2014
WL 114128 (11th Cir. 2014)
March
Cell Phone Searches After The Supreme Court’s
Riley Decision
Riley v. California, 573 U.S.____(2014) July
Privacy For Personal Email And Cell Phone Records
Of Public Officials
City of San Jose v. Superior Court, 169 Cal.Rptr.2d
840 (Cal. App. 2014)
May
Officers’ Personnel Files Discoverable In
Discrimination Litigation
Barella V. Village of Freeport, 296 F.R.D. 102
(E.D.N.Y. 2013)
May
Dashcam Videos Disclosable Under Public Records
Law
Fisher Broadcasting-Seattle TV v. City of Seattle,
326 P.3d 688 (Wash. 2014)
August
Surveillance Does Not Violate Deputy’s Privacy
Rights
Brock v. Dunning, 288 Neb. 909 (2014) December
Sexual Discrimination
Colorful Decision Upholds Discrimination Verdict
For Firefighter
Smith v. City of New Smyrna Beach, 2013 WL
5230659 (M.D. Fla. 2013)
March
Sexual Harassment
Colorful Decision Upholds Discrimination Verdict
For Firefighter
Smith v. City of New Smyrna Beach, 2013 WL
5230659 (M.D. Fla. 2013)
March
Sick Leave
A Reminder That State Laws Can Be More Stringent
Than The FLSA Or Contrats
International Association of Fire Fighters, Local
3564 v. City of Grants pass, 2014 WL 1819639 (Or.
App. 2014)
June
Social Media
Staffing
Police Lieutenants, Captains Are Not ‘Supervisors,’
Commanders Are
City of Portland, Case No. UC-017-13 (Or. ERB
2014)
August
FLSA Does Not Necessarily Require Pay For
Corrections Meal Periods
Babcock v. Butler County, 2014 WL 688122 (W.D.
Pa. 2014)
September
Subcontracting Prohibition Can Be Implied In
Contract
Professional Firefighters Association of Nassau
County v. Village of Garden City, 989 N.Y.S.2d
327 (N.Y. A.D. 2014)
October
Termination
Membership In Motorcycle Club Can Be
Constitutionally Protected
Colbert v. City of McKinney, Texas, 2013 WL
3368237 (E.D. Tex. 2013)
January
Employee Can Waive HIPAA Rights Hopkins v. Balachandran, 146 Conn. App. 44
(2013)
January
Demotion, Not Termination, Usually The
Appropriate Punishment For Supervisory Failures
City of Calexico v. Calexico Personnel
Commission, 2013 WL 6044112 (Cal. App. 2013)
January
Federal Courts Have No Authority Over Local Duty
Of Fair Representation Claims
Gray v. San Francisco Deputy Sheriffs Association,
2013 WL 6351029 (N.D. Cal. 2013)
January
Arbitration And Civil Rights Litigation Bermingham v. City of Clermont, Florida, 2013
5970700(MD. Fla. 2013)
January
14
Conviction of Misdemeanor Crime Of Domestic
Violence Extinguishes Due Process Rights
Arganda v. City of Westminister, 2013 WL 6056491
(C.D. Cal. 2013)
February
NYPD’s No-Beards Policy Falls Because Of
Inconsistent Administration
Litzman v. NYPD, 2013 WL 6049066 (S.D. N.Y.
2013)
February
Affair Is Not Matter Of Public Concern Lightfoot v. Town of Prosper, 2013 WL 4049001
(E.D. Tex. 2013)
February
$680K ADA Judgment Upheld For Officer Hoback v. City of Chattanooga, 2013 WL 6698042
(6th Cir. 2013)
February
Police Certification And Arbitration Reinstatement
Awards
City of Beaver Falls v. Beaver Falls Police
Association, 77 A.3d 75 (Pa. Cmwlth. 2013)
March
Corrections Officer Recovers $1.67 Million In
Retaliation Case
Hughes v. California Department of Corrections,
2014 WL 251903 (Cal. App. 2014)
March
Brady Does Not Necessarily Require Discharge Of
Untruthful Trooper
Wetherington v. N.C. Department of Crime Control
& Public Safety, 752 S.E.2d 511 (N.C. App. 2013)
March
Temporary Impairments Can Be Covered By ADA Summers v. Altarum Institute, Corp., 740 F.3d 325
(4th Cir. 2014)
April
Due Process Requires Pre-Discipline Hearing Even
If Appeal Rights Exist
Gross v. Billage of Minerva Park Village Council,
2014 WL 467337 (S.D. Ohio 2014)
April
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Missed Time Line Does Not Necessarily Mean
Officer’s Lawyer Liable For Malpractice
Pannone v. Silberstein, 2014 WL 2459492 (A.D.
2014)
July
California Bill Of Rights Claims Can Be Arbitrated Mitchel v. City of Santa Rosa, 2014 WL 795076
(Cal. App. 2014)
May
Driving Apparatus Not Necessarily Essential
Function For Firefighter
Rorrer v. City of Stow, 743 F.3d 1025 (6th Cir.
2014)
May
Court Upholds Abritrator’s Opinion In Sex Case State of Alaska v. Public Safety Employees
Association, 2014 WL 1773293 (Alaska 2014)
June
For The Second Time, Court Orders Employer To
Reinstate Officer
City Manager of Worcester v. New England Police
Benevolent Association, 2014 WL 1884385 (Mass.
App. 2014)
June
Police Lieutenants, Captains Are Not ‘Supervisors,’
Commanders Are
City of Portland, Case No. UC-017-13 (Or. ERB
2014)
August
Arbitrator Harshly Criticizes Employer’s
Investigation In Pornography Case
City of Boynton Beach, Florida, FMCS Case #13-
56918-3 (Redwood, 2014)
August
Officer Reinstated When Drug Test Uses Wrong
Cut-Off Levels
DeSalvo v. Department of Police, 2014 WL
2420223 (La. App. 2014)
August
The Importance Of Intent In Termination Cases State of Florida, Department of Corrections, 2014
WL 2730754 (Abrams, 2014)
September
Participation In Arbitration Hearing Forecloses Later
Challenge To Decision
Keylon v. City of Dos Palos, 2014 WL 2957808 September
Arbitrator Can Set Clear And Convincing Burden Of
Proof In Disciplinary Cases
Village of Posen v. Illinois Fraternal Order of
Police Labor Council, 2014 Ill. App. 133329
(2014)
October
No Free Speech Right To Criticize Department
Rules
Isaiah v. City of Pine Lawn, 2014 WL 3928270
(E.D. Mo. 2014)
October
No Second Try For Employer In Drug Case California Department of Corrections and
Rehabilitation v. California State Personnel Board,
2014 WL 4723329 (Cal. App. 2014)
October
‘Cantankerous’ Officer Loses ADA Claim Weaving v. City of Hillsboro, 763 F.3d 1106 (9th
Cir. 2014)
November
California Courts Continue Hard Line On Officer
Honesty
Gore v. San Diego County Civil Service
Commisssion, 2014 WL 4628022 (Cal. App. 2014)
November
Boston PD Hair Tests Ruled Invalid Boston Police Department v. Civil Service
Commission, No. 13-1250-A (Mass. Super. 2014)
December
15
Relying On Uncharged Offenses Violates Due
Process
Ray v. Mississippi Department of Public Safety,
2014 WL 5334783 (Miss. App. 2014)
December
Surveillance Does Not Violate Deputy’s Privacy
Rights
Brock v. Dunning, 288 Neb. 909 (2014) December
Training
POST Board Can Be Defendant In Discrimination
Lawsuit
Pathan v. State of Connecticut, 2014 WL 1998243
(D. Conn. 2014)
August
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Unemployment
Unfair Labor Practice
Miami Allowed To Reduce Wages, Eliminate
Benefits, And Modify Pensions
Headley v. City of Miami, 118 So.3d 885 (Fla. App.
2013)
February
Weingarten Rights Apply To Written Statements City of New Haven, Decision No. 4720 (Conn.
SBLR 2014)
September
Transfer Of Detective Sergeant To Patrol Held
Retaliatory
Fraternal Order of Police, Prince George’s County
Public Employee Relations Board (2014)
September
‘Pecking Order’ For Special Details Subject To
Negotiations
Town of Burlington v. Commonwealth Employment
Relations Board, 9 N.E.3d 348 (Mass. App. 2014)
September
Firefighters Have Protected Right To Display Union
Logo On Class ‘B’ Clothing
County of Sacramento, PERB Decision No. 2393
(Cal. PERB 2014)
December
Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA Does Not Prohibit Proration Of Longevity
Pay
DeLee v. City of Plymouth, Indiana, 2014 WL
1316870 (N.D. Ind. 2014)
May
Uniforms
Firefighters Have Protected Right To Display Union
Logo On Class ‘B’ Clothing
County of Sacramento, PERB Decision No. 2393
(Cal. PERB 2014)
December
Union Activities
Health Administrator’s Involvement In Union
Election Held Improper
Zampogna v. Law Enforcement Health Benefits,
Inc., 2013 WL 6190186 (Pa. Cmwlth. 2013)
January
Protests Of Quota System Part Of Corporal’s Job,
And Thus Unprotected By Constitution
Taylor v. Pawlowski, 2013 WL 6697873 (3d Cir.
2013)
February
Corrections Officer Recovers $1.67 Million In
Retaliation Case
Hughes v. California Department of Corrections,
2014 WL 251903 (Cal. App. 2014)
March
Mayor Should Have Recused Himself From
Disciplinary Case
Botsford v. Bertoni, 112 A.D.3d 1266 (N.Y. A.D.
2013)
April
Discussions At Union E-Board Meeting Privileged Merced County Sheriff’s Employee Association v.
City of Merced, #2361-M (Cal. PERB 2014)
July
Court Strikes Down Philadelphia’s Ban On Police
PAC Contributions
Lodge No. 5 of the Fraternal Order of Police v.
City of Philadelphia, 2014 WL 4056694 (3d Cir.
2014)
October
Union Loses Request For TRO To Stop
Investigation Of President
State Troopers Fraternal Association of New
Jersey, Inc. v. State of New Jersey, 2014 WL
4495130 (3d Cir. 2014)
November
Firefighters Have Protected Right To Display Union
Logo On Class ‘B’ Clothing
County of Sacramento, PERB Decision No. 2393
(Cal. PERB 2014)
December
Union Representation
Supreme Court Rejects Request To Hold ‘Fair
Share’ Unconstitutional
Harris v. Quinn, 573 US ____(June 30, 2014) July
16
Weingarten Rights Apply To Written Statements City of New Haven, Decision No. 4720 (Conn.
SBLR 2014)
September
Union Has Right To Conduct Parallel Disciplinary
Investigation
Washington State Patrol, Decision11863-A (PECB,
2014)
September
Union Loses Request For TRO To Stop
Investigation Of President
State Troopers Fraternal Association of New
Jersey, Inc. v. State of New Jersey, 2014 WL
4495130 (3d Cir. 2014)
November
Use of Force
Mandatory Post-Shooting Breathalyzer Testing of
NYPD Officers Is Legal
Lynch v. NYPD, 2013 WL 6037215 (2d Cir. 2013) January
Vacation
Wages
Miami Allowed To Reduce Wages, Eliminate
Benefits, And Modify Pensions
Headley v. City of Miami, 118 So.3d 885 (Fla. App.
2013)
February
Light Duty Work Need Not Carry Premium Pay County of Nevada v. Workers’ Compensation
Appeals Board, 167 Cal. Rptr.3d 455 (Cal. App.
2014)
April
A Reminder That State Laws Can Be More Stringent
Than The FLSA Or Contrats
International Association of Fire Fighters, Local
3564 v. City of Grants pass, 2014 WL 1819639 (Or.
App. 2014)
June
State Wage Law Requires Cashout Of Comp Time
On Retirement Plourde v. Police Department of Lawrence, 7
N.E.3d 484 (2014)
June
Union Misses Deadlines, Loses 4% Raise Borough of Gettysburg v. Teamsters Local No. 776,
2014 WL 5462462 (Pa. Cmwlth. 2014)
December
Civilian Employee Loses ‘Equal Pay For Equal
Work’ Lawsuit
Viana v. Knight, 2014 WL 4101700 (M.D. Fla.
2014)
December
Weingarten Rights
Weingarten Rights Apply To Written Statements City of New Haven, Decision No. 4720 (Conn.
SBLR 2014)
September
Whistleblower Protection
LAFD Battalion Chief Wins Nearly $1.0 Million In
Retaliation Lawsuit
Miller v. City of Los Angeles, 2014 WL 5141656
(Cal. App. 2014)
December
Workers’ Compensation
Officer’s Off-Duty Drowning Held Job-Related Schultz v. Pojlaque Tribal Police Department, 2013
WL 4499132 (N.M. App. 2013)
January
Court Rules That Seeing Suspect Killed Is ‘Normal’
For Police Cook v. East Greenbush Police Department, 114
A.D.3d 1005 (N.Y. A.D. 2014)
April
Heart-Lung Presumption Applies To Diseases With
No Known Cause Crane v. Washington State Department of Labor
and Industries, 2013 WL 5561250 (Wash. App.
2013)
April
Officer’s Injury During Paid Lunch Not
Compensible Under Worker’s Comp Politza v. Board of Trustees, 2014 WL 463064
(N.J. Super. 2014)
July
DROP Payments Cannot Be Used To Offset
Workers’ Compensation Benefits
Baltimore County v. Thiergartner, 2014 WL
1245031 (Md. App. 2014)
June
Fraudulent Denial Of Workers’ Comp Claims Can
Violate RICO Miller v. York Risk Services Group, 2013 WL
6442764 (D. Ariz. 2013)
June
Firefighter’s Injury Claim Not Barred By ‘Going
And Coming’ Rule Roberts v. Montgomery County, 84 A.3d 87 (Md.
App. 2014)
June
Injury Suffered While Exercising Before Work Held
Compensable
Young v. Workers’ Compensation Appeals Board,
173 Cal.Rptr. 3d 643 (Cal. App. 2014)
August
17
Firefighter’s Basketball Injury Covered By Workers’
Comp Taylorville Fire Dept. v. Illinois Workers’
Compensation Comm’n., 2014 WL 5042098 (Ill.
App. 2014)
November
Valley Fever Covered By Heart-Lung Law Gorre v. City ofTacoma, 324 P3.d 716 (Wash. App.
2014)
December
Surveillance Does Not Violate Deputy’s Privacy
Rights
Brock v. Dunning, 288 Neb. 909 (2014) December
