EEOC Updates Guidelines on Workplace Harassment
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published new Guidance to prevent harassment in the workplace.
U.S. Department of Labor Issues Final Rule Increasing the Minimum Salaries for White Collar FLSA Exempt Employees
On Tuesday, April 23, 2024, the United States Department of Labor issued its “Final Rule” regulation that increases the minimum salary threshold for employees (including municipal employees) to maintain their status under what are commonly called the “white collar” exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). The Final Rule increases will go into effect on July 1, 2024.
EEOC Issues Final Rule For the Pregnant Workers Fairness Act
In Siger v. City of Chester, the Pennsylvania Supreme Court for the first time reviewed the extent of a Receiver’s authority under Act 47. The Siger Court could have limited the effectiveness of Receivership under Act 47, as it has done in the past with other Act 47 provisions.
In Siger v. City of Chester, the Pennsylvania Supreme Court Upholds the Broad Powers of an Act 47 Receiver
In Siger v. City of Chester, the Pennsylvania Supreme Court for the first time reviewed the extent of a Receiver’s authority under Act 47. The Siger Court could have limited the effectiveness of Receivership under Act 47, as it has done in the past with other Act 47 provisions.
Commonwealth Court Upheld Termination for Officer Who Refused to Perform Casket Duty Due to Mask Mandate
During the pandemic, municipalities were trying to keep their employees safe while dealing with the challenges of staffing and an ever growing to do list. Many municipalities struggled with disciplining employees when health recommendations were changing daily and becoming increasingly politicized.
U.S. Supreme Court Establishes New Test for Determining When a Public Official’s Social Media Activities Constitute State Action
The United States Supreme Court has established a new, two-part test for determining whether a public official violates the First Amendment when the official blocks or deletes comments on the public official’s social media account. In this pair of unanimous decisions, the Court brought clarity to the question of when such action by the public official constitutes “state action” which could create liability under 42 U.S.C. §1983.
7th Circuit Court of Appeals Upholds Firefighter Physical Testing: The Decision Underscores the Importance of Ensuring That Testing Standards Are Tailored for the Requirements of the Position
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on a protected classification. It also prohibits discrimination which occurs as a result of a facially neutral policy or practice that has a disproportionate adverse effect on the members of a protected class. Physical abilities testing for job applicants has been a common source of Title VII litigation under this “disparate impact” theory
Federal District Court Denies Employer’s Summary Judgment Motion as Sanction for Discovery Violation
If your municipality has ever been a party to litigation, then it is likely that it received a letter instructing it to preserve documents pertaining to the litigation. These letters, commonly known as litigation hold letters, are routinely sent to parties in litigation and provide instructions as to the types of documents that must be preserved and instructions for doing so. Normally, these letters will caution that failure to preserve pertinent documents may result in negative consequences.
