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Workers’ Compensation Centennial 1911-2011- California: Justice, Equality and a Decent Life

In 150 Years, San Francisco Bay Area Working Families Have Made Progress, But Still Fight for the Same Goals In the hundred and fifty year history of workers in the San Francisco Bay Area, the watershed event was one that happened 70 years ago – the San Francisco general strike. That year...

Wisconsin District Attorney Files Lawsuit Challenging Union Law

MADISON, Wis. - (AP) Republican lawmakers violated Wisconsin's open meetings law when they amended a contentious plan that bars most public employees from collective bargaining, a Madison prosecutor alleged in a lawsuit Wednesday. Dane County District Attorney Ismael Ozanne's legal challenge...

Workers’ Compensation Centennial 1911-2011- California: Justice, Equality and a Decent Life

In 150 Years, San Francisco Bay Area Working Families Have Made Progress, But Still Fight for the Same Goals In the hundred and fifty year history of workers in the San Francisco Bay Area, the watershed event was one that happened 70 years ago – the San Francisco general strike. That year...

Florida Judge Sides Against State in Pension Case

A Florida circuit court ruled last week that Gov. Rick Scott (R) and Republican legislative leaders' decision last year to cut public employee salaries to offset the state's contribution to their pension fund was an unconstitutional breach of contract. "The 2011 Legislature, when...

Ballard Spahr LLP: Court Bars Act 111 Arbitrators from Reducing Post-Retirement Benefits

By Patrick J. Harvey and John P. McLaughlin In efforts to control ever-escalating post-retirement health care costs, many Pennsylvania municipalities have sought decreased post-retirement health benefits for current employees in Act 111 interest arbitration. Now, in Fraternal Order of Police Lodge...

State Net Capitol Journal: FL Judge Sides against State in Pension Case

A Florida circuit court ruled last week that Gov. Rick Scott (R) and Republican legislative leaders' decision last year to cut public employee salaries to offset the state's contribution to their pension fund was an unconstitutional breach of contract. "The 2011 Legislature, when faced with...

State Net Capitol Journal – April 9, 2012

Budget & Taxes RISKY PENSION INVESTMENTS NOT PAYING OFF: Hoping to boost their investment returns and shrink looming deficits, public pension systems across the nation have been turning to riskier investments, such as private equity and hedge funds. But their returns haven't been rising nearly...

State Net Capitol Journal – April 9, 2012

Budget & Taxes RISKY PENSION INVESTMENTS NOT PAYING OFF: Hoping to boost their investment returns and shrink looming deficits, public pension systems across the nation have been turning to riskier investments, such as private equity and hedge funds. But their returns haven't been rising nearly...

Missouri: Appeals Court Remands Retaliation Claim by State Employees

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could not pursue a discrimination claim under 287.780 because...

State Net Capitol Journal: Snyder Says MI Will Appeal Retiree Health Ruling

Michigan Gov. Rick Snyder (R) said his administration intends to appeal a Michigan Court of Appeals ruling [ AFT Mich. v. State , 2012 Mich. App. LEXIS 1632 (Mich. Ct. App. Aug. 16, 2012) [ enhanced version available to lexis.com subscribers ]] that declared unconstitutional a 2010 law requiring school...

Election Day Turnaround for Unions

Less than two years ago, Wisconsin Gov. Scott Walker (R) announced plans to strip public employees of their collective bargaining rights as a means of shoring up the state budget, touching off a wave of efforts across the country aimed at curbing union power. Unions have lost most of those battles...

California Workers' Comp Case Roundup (1/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 12 December 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

State Pensions Could Be 61 Percent Underfunded

States have only 39 percent of the assets they need to cover their public employee pension obligations, according to an estimate from State Budget Solutions, a non-partisan, non-profit, national public policy organization. That estimate is based on an annual investment return of 3.2 percent (the 15-year...

California Workers' Comp Case Roundup (5/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

SCOTUS on Public Employee Free Speech

We're coming down the home stretch of another SCOTUS season. We still have a few labor and employment law cases left ( Noel Canning and Harris v. Quinn ) - we should have decisions in the next week or two. Yesterday, the Supreme Court issued its opinion in Lane v. Franks [ enhanced opinion available...

Supreme Court Clarifies Scope of First Amendment Protections For Public Employees

In Lane v. Franks et al ., the Supreme Court unanimously held today that when a public employee testifies truthfully outside of the scope of ordinary job duties, he or she testifies as a private citizen and not as a public employee for purposes of First Amendment protections [lexis.com subscribers may...

Supreme Court Announces New Incursions into Public-Sector Union Security

On the last day of the current term, a divided Supreme Court ruled that the First Amendment limits the ability of public-sector unions to capture so-called "fair share" fees. Justice Samuel Alito wrote the opinion which held that in-home care workers who did not wish to join a union could not...

Split US Supreme Court: Partial Public Employees Can’t Be Required To Pay Union Fees

WASHINGTON, D.C. — (Mealey’s) A class of in-home care providers, classified as “partial public employees,” who do not wish to join or support a union cannot be required to pay an agency fee, a split U.S. Supreme Court ruled this morning ( Pamela Harris, et al. v. Pat Quinn, Governor...

Wisconsin Supreme Court Backs Walker, Upholds Anti-Union Law

The Wisconsin Supreme Court upheld a controversial 2011 law championed by Gov. Scott Walker (R) that essentially bars collective bargaining for public employee unions. Unions had challenged the law, calling it unconstitutional. But by a 5-2 decision, the state's high court disagreed. As reported...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

Illinois Governor Imposes Right-to-Work For Public Employees

Illinois Gov. Bruce Rauner (R) issued an executive order last week absolving public employees who decline to join a union from having to pay fees that support union activities like collective bargaining. State law currently allows state workers to opt out of joining a union but they still have to pay...

State Net Capitol Journal: State Worker Exodus

by Korey Clark In 2002 the Council of State Governments and the National Association of State Personnel Executives issued a report entitled “State Employee Worker Shortages: The Impending Crisis,” which referenced estimates showing “state governments could lose more than 30 percent...

Termination Due to Fiscal Reasons as Insufficient Basis to Deny LC 4850 Benefits: Cal. Comp. Cases May Advanced Postings (5/13/2015)

Here’s the fourth batch of advanced postings for May 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes. © Copyright 2015 LexisNexis. All rights reserved. City of Bell, PSI, administered by Adminsure, Petitioner...

California Workers’ Comp Case Roundup (8/6/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 7 July 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

If You Work For a Federal Contractor, You Have More Rights Than You Thought You Did. Thanks, Obama!

President Obama has been firing up his mighty pen and issuing Executive Orders left and right. Well, left anyhow. Some of those orders may benefit you. If you work for a company that does business with or gets money from the Federal government, you probably have more rights than you thought you did....