Labor & Employment Law

Education Law amended to bar attorneys from simultaneously serving as an independent contractor and as an employee with the same school district

Education Law amended to bar attorneys from simultaneously serving as an independent contractor and as an employee with the same school district

Senate 8699 (Skelos)/ Assembly 11743 (Sweeney),

Governor David A. Paterson signed into law bill [S.8699 (Skelos) / A. 11743 (Sweeney) amending the Education Law in an effort to curb abuses in the state pension systems.

An investigation found abuses of the pension system within school districts, particularly by attorneys being paid as both an employee and independent contractor, and by recent retirees who used state waivers to work at essentially the same positions for which they were collecting pensions.

The key provisions with respect to attorneys are as follows:

§ 2051. Charging for professional services. 1. A lawyer shall not simultaneously be an independent contractor and an employee of a school district or board of cooperative educational services for the purpose of providing legal services to such school district or board of cooperative educational services.

2. A lawyer who is not an employee of a school district or board of cooperative educational services, shall not seek to be or be considered, treated or otherwise reported by the school district, or board of cooperative educational services as an employee thereof for purposes of compensation, remuneration, health insurance, pension and all employment-related benefits and emoluments associated therewith.

The full text of the bill is posted on the Internet at: http://public.leginfo.state.ny.us/menugetf.cgi

Full post as published by New York Public Personnel Law on October 14, 2008 (boomark / email).