Young v. United Parcel Service presents a dilemma most employers, including state and local governments, can relate to.  What should an employer do if a pregnant employee’s job requires that she lift an amount well above what her doctor has approved during pregnancy? 

The specific issue the Court had to decide in this case was whether an employer violated Title VII because it accommodated many but not all nonpregnancy-related disabilities but...

According CSG's analysis of data from the Bureau of Labor Statistics, at its peak in August 2008 state government employment stood at 5.21 million, or around 3.8 percent of total nonfarm employment. Over the next five years, state governments shed 187,000 jobs, landing at 5.03 million in July 2013. As of December 2014, state governments had regained 53,000 positions after hitting a low in July 2013, but have only recovered a little over one-quarter of the positions lost since the August 2008 peak.  In December 2014, state government employment made up 3.6 percent of total nonfarm employment.

During and after the Great Recession, job losses in the private sector were more pronounced than losses to state government employment. For example, from Dec. 2007 – Dec. 2008, private sector employment contracted by 3.2 percent and from Dec. 2008 – Dec. 2009, it fell by 4.5 percent. For state government employment, losses did not begin until 2009, when employment fell by 0.8 percent (Dec. 2009-Dec. 2010), 0.3 percent (Dec. 2009 – Dec. 2010) and 1.8 percent (Dec. 2010 – Dec. 2011).

According CSG's analysis of data from the Bureau of Labor Statistics, throughout 2014, state government employment grew by 0.5 percent overall compared to 2.6 percent growth in the private sector. State government employment grew in 32 states, remained the same in four states and shrunk in 14 states.

According CSG's analysis of data from the Bureau of Labor Statistics, there were 21.9 million government workers in December 2014, or 15.6 of total nonfarm employment. Nearly two-thirds of government employment is at the local level and 55 percent of local government jobs are in education. About one-quarter of government employment is at the state level and 12 percent is at the federal level.

A new Supreme Court case says state boards don’t automatically get immunity from antitrust laws. This ruling could reduce the authority of governors and state legislatures to compose state agencies, boards and commissions or create massive headaches for state leaders trying to decide what active supervision means. In North Carolina State Board of Dental Examiners v. FTC, the Supreme Court held 6-3 that if the majority of a state board’s members are active market participants, antitrust immunity applies only if the state actively supervises the board. The State and Local Legal Center filed an amicus brief in this case, which CSG joined, arguing that active supervision was unnecessary.

The question the Supreme Court will decide in EEOC v. Abercrombie & Fitch Stores is simple:  who must ask about the need for a religious accommodation—the employer or the...

Chapter 8 of the 2014 Book of the States contains the following articles and tables:

In Harris v. Quinn the Supreme Court held 5-4 that the First Amendment prohibits the collection of an agency fee from home health care providers who do not wish to join or support a union. 

Medicaid recipients who would otherwise be institutionalized may hire personal assistants.  In Illinois, the Medicaid recipient is the employer and is responsible for almost all aspects of the employment relationship.  But the personal assistant is a state employee for collective bargaining purposes.  A number of personal assistants did not want to join the union or pay it dues. 

Imagine yourself going through a security screening. Annoying, right?  Now imagine yourself getting paid to go through a security screening.  Better, right?  But what if you are a state government with a security screening process that as a result of a court decision must now pay employees to go through security screenings?  Sometime in the next year, the Supreme Court will affirm or reverse the Ninth Circuit’s decision to this effect in ...

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