Posts Tagged ‘Pennsylvania’

Labor and employment roundup

  • “May employer fire employees for defending themselves (or others) against violent customers?” Dissenting Judge Lee has better view in Utah case [Eugene Volokh]
  • “You have to ignore many variables to think women are paid less than men. California is happy to try.” [Sarah Ketterer, WSJ]
  • U.S. Department of Labor has agreements with eleven countries to teach immigrant workers about U.S. labor laws “prior to and after their arrival” [Sean Higgins, Washington Examiner]
  • “Why is Harrisburg paying a police officer who hasn’t shown up for work in 25 years?” [PennLive] Cf. Former Nashville cop says he “didn’t really want to” go on disability pension 27 years ago, “but it was either that or get fired” [Nashville City Paper back in 2010]
  • “A White House forum for your whiny employees? Yup, this is a real thing, and you should pay attention.” [Jon Hyman]
  • Minneapolis charity canvassers: “The Wobblies just won a big independent contractor case at the NLRB” [Politico “Morning Shift”, Jon Hyman]
  • On widely reported decline in labor share of U.S. income, mind this little-reported asterisk [David Henderson, Timothy Taylor]

Great moments in public employment: correctional officers’ rights

“Maryland Gov. Larry Hogan blamed the state’s largest employee’s union for not being able to remove corrections employees who face charges that range from driving under the influence to assault….Since 2013, more than 200 Department of Public Safety and Correctional Services employees have been charged with crimes that include DUI, assault and having sexual relations with an inmate, yet they remain on the job.” Union officials, however, say the governor is in error, and that it’s state law, rather than AFSCME contract terms, that restrict dismissals. So no problem! [WBAL, auto-plays; earlier on Maryland’s Correctional Officers Bill of Rights law, a younger sibling to its Law Enforcement Officers Bill of Rights (LEOBR) law for police]

More background on police bill of rights laws, and their origin in the wake of the Kerner commission report on 1960s civil unrest [Scott Greenfield] Veteran police lawyer Herbert Weiner, general counsel to Maryland State FOP Lodge, defends the state’s LEOBR [Al-Jazeera] And commenter Daniel Martin at Popehat on some curious implications of Maryland’s LEOBR, which prohibits investigating cops for some types of misconduct “until the victim, their immediate family, or a direct witness swears out a complaint.”

Yet more: In Pennsylvania, “members of the Fraternal Order of Police are rallying behind legislation to shield the identities of officers who use force.” It’s backed in Harrisburg by Rep. Martina White (R-Philadelphia) and Sen. John Sabatina, D-Philadelphia. [Watchdog] And with respect to our post of the other day, a commenter writes that the city of Tucson’s two-tiered informational release — withholding the names of police in a prostitution investigation while releasing those of civilians — was not done at city authorities’ discretion but in compliance with a newspaper’s public records request, in conjunction with a state law shielding police privacy.

“Pennsylvania AG, Facing Trial for Perjury, Uses Twin Sister as Courthouse Decoy”

In case you had any doubt that the Kathleen Kane ethical saga in Pennsylvania is destined for a Hollywood treatment [Kathryn Rubino, Above the Law; Beth Ethier, Slate, whence the above headline] Relatedly or otherwise, our friends at the Competitive Enterprise Institute have named their pick of the nation’s six worst state attorneys general, with Kane topping the list [Hans Bader/CEI, and thanks for link]

Criminal charges against Pennsylvania AG Kathleen Kane

We’ve covered her travails ethical and otherwise, and now she’s facing charges of “obstructing administration of law or other government function, official oppression, criminal conspiracy, perjury and false swearing.” [; Pittsburgh Tribune-Review; Wallace McKelvey, Harrisburg Patriot-News] At Philadelphia Magazine, Patrick Kerkstra recalls the sugary treatment Kane was getting from the press, including himself, as recently as 2013.

Labor roundup

Free speech roundup

  • Yikes: Granby, Quebec, “moves to fine people insulting police on social media” [CBC]
  • “Plaintiffs in foreign ‘hate speech’ lawsuit seeking to subpoena records from U.S. service providers” [Eugene Volokh] Visa for Dutch politician Geert Wilders aside, Reps. Keith Ellison and André Carson imply they’d like to limit speech for Americans too [same]
  • “Why The D.C. Circuit’s Anti-SLAPP Ruling Is Important” [Popehat]
  • Federal court strikes down Pennsylvania law allowing “re-victimization” suits for “renewed anguish” against convicts who speak about their crimes [Volokh, earlier]
  • How different are judges? Williams-Yulee v. Florida Bar marks an exception in Court’s preference for speech over regulation in campaign cases [SCOTUSBlog symposium, Elizabeth Price Foley/Instapundit, Daniel Fisher, Ilya Shapiro, our coverage of judicial elections]
  • “New Jersey’s Sensitive Victim Bias Crime Unconstitutional” [Scott Greenfield]
  • Amazing: Wisconsin John Doe prosecutor suggests criminally charging Gov. Scott Walker over remarks critical of probe [Journal-Sentinel, Volokh; more at Cato, Roger Pilon and Tim Lynch; earlier from me here, etc.]

Medical roundup

  • Mississippi community rallies behind 88 year old doctor investigated by licensure board for practicing from his car [AP]
  • Pennsylvania: “Kill deal between Attorney General’s office and law firm, nursing homes ask court” [Harrisburg Patriot-News; earlier on AG Kathleen Kane; related on law firm of Cohen Milstein, on which earlier]
  • Hazards of overwarning in the wired hospital: “2,507,822 unique alarms in one month in our ICUs, the overwhelming majority of them false.” [Robert Wachter, Medium]
  • JAMS arbitrator, a retired California Supreme Court judge, resists subpoena seeking explanation of settlement allocation decisions among Prempro clients of Girardi Keese [National Law Journal; see also from way back]
  • Reports of VA-scandal retaliation raise question: do all the HIPAA laws in the world protect us from persons in high places wishing to pry into our medical records with ill intent? [J. D. Tuccille, Reason]
  • New York Attorney General Eric Schneiderman charged that 79% of herbal supplements lacked appropriate DNA, but that claim itself turns out to be hard to substantiate [Bill Hammond, New York Daily News]
  • Nurses’ gallows humor defended against That’s-Not-Funny Brigade [Alexandra Robbins, Washington Post]

Employer incentives and the discontents of workers’ comp

Despite discontents with the workers’ compensation system, statistics show the American workplace growing steadily safer, and it is anything but clear that the incentives for safe practice of the various players would be improved by a system which forced more accident cases into litigation [Gordon Yago, York Daily Record, quotes me at several places]