March 3, 2015 by

Sixth Circuit Holds that Firefighters Not Entitled to Pay for Specialized Training Required By Law for Certification

By Erica Shelley Nelson and Brennen Johnson

NoFreeWorkIn Misewicz v. City of Memphis, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit filed by over one hundred firefighters against the City of Memphis, Tennessee. The firefighters sued the City in an attempt to obtain overtime wages for time outside of their regular work hours that they spent participating in paramedic training. The Court determined that the City was not obligated to compensate the firefighters for that time because the City successfully complied with a provision of the Department of Labor regulations that provides circumstances where public employers need not compensate their employees for time spent in training.

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Filed Under: FLSA
March 3, 2015 by

City Improperly Relied on Former Officer’s History of Mental Illness Rather than Her Current Mental Health Status to Reject Her Application

By Mitchell Riese and Mitchel Wilson

possible threatIn Nelson v. City of New York, the U.S. District Court for the Southern District of New York denied the City’s motion for summary judgment and permitted the plaintiff’s disability discrimination claim to go to trial. The Court reasoned that there was no clear evidence that the former officer could not perform the essential functions of the job and that the issue was proper for trial.

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Filed Under: Disability Discrimination
February 20, 2015 by

Vet with PTSD May Bring Disability Discrimination Claim Under the Rehab Act for Not Being Hired by Border Patrol

By Mitchell Riese and Mitchel Wilson

PTSDIn Maish v. Napalitano, U. S. District Court for the Western District of Washington denied the Border Patrol’s motion for summary judgment and permitted a Border Patrol applicant’s disability discrimination claims to go to trial. The Court concluded the applicant, Maish, had a viable claim under the federal Rehabilitation Act for disability discrimination when the Border Patrol failed to hire Maish after learning of his mental illness.

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Filed Under: Disability Discrimination
February 18, 2015 by

Dispatcher with Plausible Disability Who Offers Little to No Evidence to Establish She is Disabled is Denied Trial for ADA Claim

By Mitchell Riese and Mitchel Wilson

bonesIn Felkins v. City of Lakewood, the U.S District Court of Colorado addressed cross motions for summary judgment and granted defendant’s motion, thereby dismissing plaintiff’s case.  The Court ruled that she did not establish that she was disabled.

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Filed Under: Disability Discrimination
February 10, 2015 by

Ohio Appeals Court Vacates Arbitrators Award that Reinstated Firefighter with Asthma

By Jim Cline and Jordan L. Jones

blown-candleIn City of St. Marys v. Fire Fighters Local 3633, the Ohio Court of Appeals vacated an arbitrator’s award which had reinstated an asthmatic firefighter. The arbitrator had found that the party’s fitness testing language had not been complied with but the Court determined that the arbitrator exceeded his authority in reaching that result.

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Filed Under: Collective Bargaining Rights
February 4, 2015 by

Lieutenant Suffering from On-the-Job Knee Injury May Bring Claim to Trial where it is Unclear if Patrolling is an Essential Function of his Position

By Mitchell Riese and Mitchel Wilson

DisabilityDiscrim2wheelchairIn DeStefano v. City of Philadelphia, the Court dismissed cross motions for summary judgment, concluding that Orlando DeStefano’s disability discrimination claims under the federal Rehabilitation Act may go to trial for a knee injury when the issue is whether patrolling is part of a lieutenant’s essential functions.

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Filed Under: Disability Discrimination
January 23, 2015 by

The U.S. District Court for the Eastern District of Michigan Granted Summary Judgment to an Employer for a Police Dispatcher’s FMLA Interference Claim

By Erica Shelley Nelson and Jordan L. Jones

back to workIn Mendel v. City of Gibraltar, the U.S. District Court for the Eastern District of Michigan granted summary judgment to the City of Gibraltar for a police dispatcher’s Family Medical Leave Act (FMLA) interference claim. The Plaintiff alleged that he was illegally terminated while on statutory leave. The Court held that the Plaintiff would not have been able to return to work after exhausting his 12 weeks of FMLA leave and therefore he did not have a valid FMLA interference claim.

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Filed Under: Legal Rights
January 16, 2015 by

Arbitrator Held That There Was Not Just Cause To Discharge An Illinois Police Officer Based On Two Conflicting Psychological Reports

By Jim Cline and Jordan L. Jones

fit for dutyIn City of Rockford, 133 LA 572 (Simon, 2012) and City of Rockford, 133 LA 587 (Simon, 2013), the Arbitrator denied the police union’s grievance alleging a procedural violation of the CBA, but held that the City did not have just cause to terminate a ten-year veteran police officer based on two conflicting psychological fitness for duty reports.

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Filed Under: Arbitration Rulings
January 16, 2015 by

A U.S. District Court In Florida Denies An Employer’s Summary Judgment Motion In Part As To A Former Paramedic’s First Amendment Retaliation Claim

By Erica Shelley Nelson and Jordan L. Jones

EMT FLIn Holbrook v. Lee Cnty., a judge in the U.S. District Court for the Middle District of Florida denied in part the employer, Lee County’s summary judgment motion against a former paramedic’s First Amendment retaliation claim for speaking out about the Employer’s Medicare and Medicaid billing practices.

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Filed Under: Constitutional Rights
January 13, 2015 by

Memphis Police Officer is Reinstated After Being Discharged for “Inciting Officers to Strike”

By Jim Cline and Jordan L. Jones

MPDbadgeThe Arbitrator held in City of Memphis, 133 LA 612 (Skulina 2014) that a police officer’s discharge for “inciting officers to strike” should be reduced to a 10-day suspension since the discussion with another officer was about a past and not a current strike.

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Filed Under: Arbitration Rulings, Discipline
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