Fire Law 5

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Case Study 1: 50 points

Review Case Study 11-3: Comp Time – Public Employers Offering Instead of Overtime Pay/U.S. Supreme Court, found on page 146 in the textbook. Christensen v. Harris County, 529 U.S. 576 (2000).

Many fire departments have rules regarding the maximum compensation time that employees may accumulate and also how compensation time is paid at retirement or termination.

Discuss the rules regarding compensation time accrual and use in your fire department or another department in your state and compare and contrast them to those at issue in Christensen. Be sure to address if and how the rules comply with the FLSA.

Your response should be at least 750 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

Review Case Study 12-1: Random Drug testing – No History of Drug Problems on Fire Department, found on page 152 in the textbook. Petersen v. City of Mesa, 83 P.3d 35 (Ariz. 2004), Arizona Supreme Court No. CV-03-0100-PR.

To view the full decision copy and paste the following Web address into a Web browser:

http://www.azcourts.gov/Portals/23/pdf2004/CV_03_0…

Though the Arizona Supreme Court found Mesa’s random drug testing to be outside the “closely guarded category of constitutionally permissible suspicion less searches”, a number of Appeals Court cases have upheld drug testing of firefighters in general, finding that that they do serve in “safety-sensitive” positions.

Discuss whether your fire department or another fire department in your state has a random drug testing program. Briefly outline the provisions of the program. Also, explain if and how this program is addressed in your union’s collective bargaining agreement with your employer.

Your response should be at least 750 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

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