Social media sites have become the new “public square” where individuals share opinions and information about all types of political and societal events. Public sector employees, as much as anyone else, use social media to post viewpoints and to participate in public debate. Problems arise, however, when a public employee posts harsh, derogatory, defamatory, or
A Step Back For Equal Pay? Supreme Court Vacates 9th Circuit’s Decision in Rizo v. Yovino
This post was authored by Megan Lewis.
The United States Supreme Court has vacated the decision of Ninth Circuit U.S. Court of Appeals (which covers all of California) in Rizo v. Yovino, which established that employers cannot rely on an applicant’s prior salary history to justify paying one employee differently than another employee
The Ninth Circuit Holds that Cash Payments Made to Employees in Lieu of Health Benefits Must be Included in the Regular Rate for Overtime Purposes under the FLSA
On Thursday, June 2, 2016, the Ninth Circuit issued a long-awaited decision in a case called Flores v. City of San Gabriel, which involved a group of police officers who sued their City employer for three years of unpaid overtime and liquidated damages under the Fair Labor Standards Act. The primary issue on appeal
Ninth Circuit Clarifies Analysis of Reasonableness of Use of Force by Police
Law enforcement agencies’ policies, in accordance with U.S. Supreme Court precedent, uniformly require that force used by officers be objectively reasonable under the circumstances. When considering disciplining an officer for violating a use of force policy, it is therefore critical to understand what the courts consider unreasonable. This is a nuanced and fact-intensive analysis. The
Disciplining Public School Students For Speech: First Amendment Implications
Many student discipline matters in public schools involve speech, be it joking threats by the student, outrageous bullying on social media, epithets or hate speech, or clothing containing messages or symbols that violate school rules. Because they involve speech, these discipline cases can raise substantial First Amendment concerns.
Some view student speech as less valuable
Ninth Circuit Holds School Can Respond to Student’s Violent Off-Campus Remarks
This blog post was authored by Shardé C. Thomas
On August 29, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Wynar v. Douglas County School District that a school can discipline a student in response to speech occurring off-campus if it meets the requirements set forth by the U.S. Supreme Court
Federal Appeals Court Broadens Scope of Law Enforcement Officer First Amendment Rights
On Wednesday, August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Dahlia v. Rodriguez that a Burbank police detective could assert a First Amendment retaliation claim based on his allegedly having complained to authorities about abusive interrogation tactics at his department. The case is significant because it expressly overturns a
A Defining Case on Union-Related Free Speech
The U.S. Court of Appeals for the Ninth Circuit has just issued a decision that expansively describes public employee protected free speech in the context of labor-management relations. On March 22, 2013, in Ellins v. Sierra Madre, the Ninth Circuit determined that a city police officer who served as union president could state a
The Ninth Circuit Addresses What Constitutes an Adverse Employment Action
Determining what constitutes an “adverse employment action” is critical when an employee sues for retaliation and/or discrimination. In order to be able to sustain a claim for either retaliation or discrimination, an employee must sufficiently prove that he/she suffered an adverse employment action. This issue was recently addressed by the U.S. Ninth Circuit Court of
Ninth Circuit Decision Reaffirms The Difficulty Members Of Law Enforcement Can Face In Asserting First Amendment Claims
Update: On December 11, 2012, the U.S. Court of Appeals for the Ninth Circuit decided to re-hear Dahlia v. Rodriguez en banc. Accordingly, public agencies can no longer rely on the three-Judge panel opinion discussed below. A panel of eleven Judges will re-hear the appeal. The opinion of that en banc panel of the