November 26, 2013
By Anthony Rice
In Watkins v. City of Montgomery, fifty-four Fire Suppression Lieutenants failed to convince a federal district court that they were not exempt from the overtime requirements under the FLSA under the City of Montgomery’s claimed “executive” exemption.
Filed Under: FLSA
November 26, 2013
By Mitchel Wilson
In Baltimore County, Arbitrator Richard Trotter granted the Union’s grievance for lost compensation for Deputy Sheriffs who are subject to being called into work while they are off duty.
Filed Under: Contract Interpretation
November 26, 2013
By Mitchel Wilson
In Municipality of Anchorage, Arbitrator Robert Landau concluded that because the City of Anchorage changed the Police Support work schedule, it had improperly changed a working condition in violation of the CBA.
Filed Under: Contract Interpretation
November 26, 2013
By Mitchel Wilson
In Aldridge v. Lake Cnty. Sheriff’s Office, an Illinois federal trial court dismissed the Lake County’s motion for summary judgment and permitted a female deputy’s gender discrimination claims to go to trial. The Court concluded, the various evidence including the statements that the Sheriff “wanted to give the boys a chance” at the K-9 assignment, was enough to demonstrate a viable discrimination claim.
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Legal Rights
November 26, 2013
By Anthony Rice
In City of Lorain, the arbitrator found the Ohio City had just cause for the termination of an EMT based on his voluntarily resignation to avoid prosecution of “office theft.”
Filed Under: Arbitration Rulings, Discipline
November 25, 2013
A Whiteout in Dallas Leads to a Police Lieutenant Unsuccessful Discrimination Claim against the City
By Anthony Rice
In Waters v. City of Dallas, the Fifth Ciruit Court of Appeals affirmed a lower court ruling dismissing a Dallas Police Lieutenant’s racial discrimination claim.
Filed Under: Discrimination, Legal Rights, Race Discrimination
November 21, 2013
By Mitchel Wilson
In Bell v. City of Harvey, the district court suspended the City’s motion for summary judgment and granted Police Sergeant Andrew Bell more time to present evidence to substantiate his claims of five instances of retaliation for filing an age discrimination claim under the Age Discrimination in Employment Act (ADEA).
Filed Under: Arbitration Rulings, Discipline
November 21, 2013
Secretly Recorded Conversation with the Sheriff Helps Texas Corrections Captain in Fight to Keep Job
By Anthony Rice
In Haverda v. Hays County, an the Federal Fifth Circuit Court of Appeals found Texas Corrections Captain Haverda introduced enough evidence that could lead a reasonable juror to conclude Haverda’s demotion was motivated by his speech. It rejected a lower court ruling that had dismissed Haverda’s claim and sent it back for trial.
Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
November 15, 2013
By David Worley
In Stokes v. Dallas County Juvenile Dep’t, 20, WH Cases 2d 327 (5th Cir. 2013) the Fifth Circuit Federal Court of Appeals upheld summary judgment on retaliation claims under both Title VII and the FMLA when the plaintiff could indicate no connection between her termination and the activities protected by both those statutes. Further the employer provided substantial evidence supporting the termination of the plaintiff, including numerous instances of poor performance that resulted in discipline. Although the plaintiff could make a prima facie case regarding the FMLA claim (but not the Title VII claim), the court nevertheless found summary judgement was proper when no reasonable person could find that discrimination had occurred.
Filed Under: Discrimination, Gender/Pregnancy Discrimination, Race Discrimination
November 15, 2013
By Anthony Rice
In Peele v. Burch, the 7th Circuit Court of Appeals reversed a district court decision granting summary judgment to the City on a detective’s First Amendment Claim against the Portage Indiana Police Department. The court held that the detective presented sufficient evidence that casts doubt on the defendants’ story and thus creates a triable claim.
