June 8, 2017 by

Federal Judge Finds That New York City Does Not Have to Pay Officers FLSA Wages When They Benefit More Than City From Mandatory Drug And Alcohol Classes

By Jim Cline and Geoff Kiernan

A federal judge in Gibbs v. City of New York ruled that mandatory drug and alcohol classes and AA meetings that NYPD required for officers that they felt had a substance abuse problem did not count as compensable “work” under FLSA, even though the officers’ jobs were contingent on them attending these classes. The judge found that since the mandatory drug and alcohol counseling sessions primarily benefited the employee rather than the NYPD it would be improper to require the employer to compensate them.

[Read more…]

Filed Under: FLSA
May 31, 2017 by

Sixth Circuit Finds Michigan Police Chief That Deleted Entire Contents of Former Employee’s Laptop Did Not Commit an Illegal Search and Seizure

By: Erica Shelley Nelson and Sarah Burke

In Lange v. McGinnis, a Michigan police captain deleted all the files on a former employee’s hard drive before returning it to him. The employee sued the city and the captain alleging an illegal search and seizure under the Fourth Amendment. The Sixth Circuit held that the police captain was protected from the suit under qualified immunity because nothing indicated his actions were impermissible. [Read more…]

Filed Under: Constitutional Rights, Legal Rights, Privacy Rights
May 22, 2017 by

Arbitrator Sustains Discharge of Frustrated Oklahoma Firefighter Fired for Furious Flurry of Facebook Posts

By: Jim Cline and Geoff Kiernan

In City of Ada, Arbitrator Zane Lumley ruled that there was just cause for the termination of an Ada, Oklahoma firefighter who engaged in a tirade of angry and offensive Facebook posts in response to a police officer arresting his wife for public intoxication.  Ultimately, the Arbitrator ruled that termination was proper because the firefighter showed a clear disregard for the City’s anti-harassment policy and his actions had made it very difficult for him to work with the Ada police department in the future.

[Read more…]

Filed Under: Discipline
May 15, 2017 by

Court Upholds Arbitration Award and Rules Connecticut Police Officer’s Lie Not Bad Enough to Violate Public Policy

By: Jim Cline and Geoff Kiernan

In Town of Stratford (Connecticut), the City attempted to vacate an arbitration decision that had reinstated a police officer who was discharged for lying to an independent neurologist by withholding medical information about his seizures and alcohol abuse.  The City argued that the police officer must be fired because there is a public policy against intentional dishonesty in connection with police employment. The Court agreed that while there was a public policy against intentional policy officer dishonesty in connection with employment, the dishonesty at issue here was not so extreme as to make the arbitrator’s award a violation of public policy.

[Read more…]

Filed Under: Arbitration Rulings, Discipline, Other Procedure issues, Prediscipline procedure
May 15, 2017 by

Federal Judge Rules that Denial of Position with Prospective Law Enforcement Employer Because of Applicant’s Union Activities May Violate First Amendment

By: Jim Cline and Geoff Kiernan

In Walter v. City of St. Peters, a Federal Court Judge in Missouri ruled that a police offer stated sufficiently plausible facts to survive a motion to dismiss his claim that the City, and the individual supervisors within the city, violated his First Amendment rights, when they refused to hire the officer as park ranger, as part of an unofficial policy of retaliating against workers for union activity.

[Read more…]

Filed Under: Discrimination, Free Speech Rights
May 10, 2017 by

Second Circuit Finds Pregnant Corrections Officer Was Discriminated Against After Being Denied Light Duty

By: Loyd Willaford and Sarah Burke

In Legg v. Ulster County, a pregnant corrections officer with a high risk pregnancy was denied light duty by her supervisors. The officer ended up suing the county, alleging she was denied light duty because she was pregnant. The Second Circuit agreed, and found the officer was entitled to take her case before a jury.

[Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination
May 4, 2017 by

New York Court Finds Army Reservists Did Not Show Discrimination After Denial of Vacation and Sick Benefits

By Loyd Willaford and Sarah Burke

In Matter of Andrews v. State, a group of Army Reservists that were also employed by the New York Department of Corrections alleged the Department had the violated Uniformed Services Employment and Reemployment Rights Act after they were denied vacation and sick leave credit during their military absences. A New York court found the officers had failed to offer proof that other employees had received vacation and sick credit while on comparable types of leave and therefore could not continue on with their lawsuit.

[Read more…]

Filed Under: Discrimination, USERRA
May 4, 2017 by

Michigan District Court Finds Two White Police Officers Experienced Reverse Discrimination

By: Loyd Willaford and Sarah Burke

In O’Brien v. City of Benton Harbor, two white Michigan police officers alleged they experienced reverse race discrimination after the black city manager terminated them so that he could promote a black employee to police chief. A District Court in Michigan found the officers had direct evidence to support their alleged claim of discrimination because the city manager told officers they were the wrong color to be the chief because they were not black.

[Read more…]

Filed Under: Discrimination, Race Discrimination
May 1, 2017 by

Alabama District Court Finds Police Officer Did Not Experience Sexual Harassment After Police Chief Repeatedly Hits Him In Groin

By: Loyd Willaford and Sarah Burke

In Pipes v. City of Falkville, a former Alabama police officer and chaplain alleged he was the victim of sexual harassment after the Police Chief hit his groin area on two occasions. The U.S. District Court for the Northern District of Alabama disagreed and found there was no evidence this was done because of the officer’s sex.  The Court ruled that it was merely horseplay.

[Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination
May 1, 2017 by

D.C. K-9 Unit Police Officer Who Suffered Injury During Dog Training Exercise Can Pursue Her Claim of Retaliation

By: Loyd Willaford and Sarah Burke

In Elmore v. Washington Metro Area Transit Authority, a former District of Columbia female K-9 unit police officer was found to have a triable retaliation claim after she was injured during a dog training exercise. The City argued that every officer was required to participate in the training but the District Court found that because the officer was injured and her supervisor continued to require the officer to participate, the officer could pursue her lawsuit.

[Read more…]

Filed Under: Discrimination, Gender/Pregnancy Discrimination
« Previous Page
Next Page »