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Labor & Employment Law

New York Public Personnel Law New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

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Last Entry: March 03, 2015 at 01:00:00

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The five most popular NYPPL case summaries during February 2015

Posted on March 03, 2015
The five most popular NYPPL case summaries during February 2015Source: Google statistics  Essentials of the "Pickering Balancing Test? 4045 The legal distinction between domicile and residen... 1638 Any administrative action in the nature of discipl...


Terminating the services of a probationary employee

Posted on March 02, 2015
Terminating the services of a probationary employee2015 NY Slip Op 01630, Appellate Division, Second DepartmentOn September 10, prior to completion of the employee?s probationary period, the appointing authority voted to terminate the individual [PE] and on September 13 notified the PE of his termination by letter...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on February 26, 2015

Posted on February 27, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on February 26, 2015Click on text highlighted in color  to access the full reportOn February 26, 2015 New York State Comptroller Thomas P. DiNapoli announced that the following audits have been issued: Department of Health (DOH): Medicaid Program: Medicaid Claims Processing Activity April 1, 2013 Through September 30, 2013 (2013-S-12) DOH?s eMedNY computer system processes Medicaid claims submitted by providers for services rendered to Medicaid-eligible recipients, and it generates payments to reimburse the providers for their claims...


A public employee?s speech as a citizen rather than as an employee protected by the First Amendment

Posted on February 27, 2015
A public employee?s speech as a citizen rather than as an employee protected by the First AmendmentMatthews v City of New York, USCA, 2nd Circuit, Civ. 13-2915New York City Police Officer Craig Matthews sued the City of New York alleging that the City had retaliated against him for speaking to his commanding officers about an arrest quota policy at his precinct...


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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on February 25, 2015

Posted on February 26, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on February 25, 2015Click on text highlighted in color  to access the full reportTown of Croghan ? Financial Management (Lewis County) The board adopted budgets that relied too heavily on fund balance as a financing source and appropriated more fund balance than it had available...


The U.S. Court of Appeals, Second Circuit?s tests for sovereign immunity

Posted on February 26, 2015
The U.S. Court of Appeals Second Circuit?s tests for sovereign immunityLeitner v Westchester Community College, USCA, 2nd Circuit, 14-1042-cvAn adjunct professor employed by the Westchester Community College was terminated for allegedly making offensive comments in class...


Refusing to answer work-related questions in the course of an investigation

Posted on February 25, 2015
Refusing to answer work-related questions in the course of an investigation 2015 NY Slip Op 01573, Appellate Division, First DepartmentThe question of compelling a public officer or employee to testify or risk termination was considered by the Court of Appeals in Matt v LaRocca, 71 NY2d 154, cert denied 486 US 1007...


Letter sent to Acting State Commissioner of Education Berlin concerning teacher evaluation

Posted on February 24, 2015
Letter sent to Acting State Commissioner of Education Berlin concerning teacher evaluationSource: Office of the GovernorOn February 23, 2015 Director of State Operations Jim Malatras sent a letter to State Education Department Acting Commissioner Elizabeth R...


New Deputy Chief Investment Officer named to the New York State Common Retirement Fund

Posted on February 24, 2015
New Deputy Chief Investment Officer named to the New York State Common Retirement FundSource: Office of the State ComptrollerOn February 24, 2015 New York State Comptroller Thomas P. DiNapoli announced the appointment of Anastasia Titarchuk to the position of Deputy Chief Investment Officer for the $181...


Determining seniority of probationary employees in the event of a layoff

Posted on February 23, 2015
Determining seniority of probationary employees in the event of a layoffKenny v Rockland County Supt. of Highways, 2015 NY Slip Op 01453, Appellate Division, Second DepartmentKevin J. Kenny was appointed to the position of Engineer II [Field] by the Rockland County Highway Department in April 2001...


Professionals employed by educational institutions entitled to employment insurance benefits for periods between two successive academic years absent a reasonable assurance of continued employment

Posted on February 20, 2015
Professionals employed by educational institutions entitled to employment insurance benefits for periods between two successive academic years absent a reasonable assurance of continued employment2015 NY Slip Op 00926, Appellate Division, Third DepartmentLabor Law §590(10) precludes professionals employed by educational institutions from receiving employment insurance benefits for periods between two successive academic years when the employer has provided them with a reasonable assurance of continued employment...


Reforms to New York State?s ethics laws and rules proposed

Posted on February 20, 2015
Reforms to New York State?s ethics laws and rules proposedSource: Office of the GovernorOn Friday, February 20. 2015, Governor Andrew M. Cuomo outlined proposed reforms to New York State?s ethics laws and rules. The reforms are included in the 30 day amendments to the 2015-16 Executive Budge and address the following: New Disclosure Requirements: Public officials will be required to disclose all outside earned income they receive, from whom they receive it, the actual services performed to receive the income and whether there is any connection to the state government or the office that they hold and the work performed...


Probationary employee should be given timely notice of employer?s concerns that the employee?s performance placed continued employment at risk

Posted on February 19, 2015
Probationary employee should be given timely notice of employer?s concerns that the employee?s performance placed continued employment at risk 2015 NY Slip Op 01384, Appellate Division, First Department A Supreme Court judge denied the petition filed by a guidance counselor [Counselor] seeking to annul her unsatisfactory annual performance rating for the 2011-2012 academic year and her termination of her probationary appointment as a guidance counselor...


Determining tenure areas for teachers

Posted on February 18, 2015
Determining tenure areas for teachers and tenure areas for education administrators distinguishedAppeal of Pronti, Decisions of the Commissioner of Education, Decision No. 16,698Due to financial concerns, the school district sought to consolidate and reorganize administrative duties, resulting in the abolishment of two administrative positions, including one in the tenure area of Director of Special Education, and the approval of the creation of an administrative position in the tenure area of CSE and CPSE Coordinator/K-12 Administrator [Coordinator]...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending February 15, 2015

Posted on February 14, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending February 15, 2015 Source: Office of the State Comptroller DiNapoli: Fewer School Districts Overriding Tax Cap The number of school districts overriding New York?s property tax cap declined by more than half over the past three fiscal years, dropping from 44 school districts in 2012-13 to only 19 in 2014-15, according to a report issued Wednesday by State Comptroller Thomas P...


A school district active employee and the district?s retired employee must be provided with identical health insurance benefits

Posted on February 13, 2015
A school district active employee and the district?s retired employee must be provided with identical health insurance benefitsAnderson v Niagara Falls City School Dist., 2015 NY Slip Op 01098, Appellate Division, Fourth Department After the Niagara Falls City School District [Niagara Falls] transferred its retirees from a Blue Cross/Blue Shield Traditional Plan [Traditional Plan] to a Blue Cross/Blue Shield Forever Blue Medicare Plan [Forever Blue Plan] the retirees [Anderson] sued contending that the transfer resulted in a reduction in their health insurance benefits while Niagara Falls failed to effectuate a similar reduction in benefits for its active employees...


Reminder -- Apply now to participate in Loyola Law School's 10th annual Journalist Law School Program

Posted on February 13, 2015
Reminder -- Apply now to participate in Loyola Law School 10th annual Journalist Law School Program The deadline for filing applications to attend Loyola Law School's 10th annual Journalist Law School Program is Monday, Feb. 16. 2015, 11:59 p.m., Pacific Standard Time...


2015-2016 Proposed Executive Budget Highlights

Posted on February 11, 2015
2015-2016 Proposed Executive Budget Highlights Source: Office of the State Comptroller In a report released February 10, 2015 by State Comptroller Thomas P. DiNapoli, the Comptoller reports that proposed 2015-2016 Executive Budget holds down spending and boosts state reserves, according to...


Probationary employee terminated notwithstanding the dismissal of criminal charges

Posted on February 05, 2015
Probationary employee terminated notwithstanding the dismissal of criminal charges 2015 NY Slip Op 00813, Appellate Division, First DepartmentMartin v Hearst Corporation, USCA, Second Circuit, Docket #13-3315 Supreme Court denied the petition filed by an individual, a probationary employee, seeking to have the court annul employer's dismissing her from employment...


Recent findings and recommendations of OATH Administrative Law Judges

Posted on February 04, 2015
Recent findings and recommendations of OATH Administrative Law JudgesSource: New York City Office of Administrative Trials and Hearings[Click on text highlighted in color  to access the full text of the determination]Failure to return lost property to patientHealth & Hospitals Corp...


Determining when the statute of limitations commences to run with respect to a ?quasi-legislative? administrative determination

Posted on February 02, 2015
Determining when the statute of limitations commences to run with respect to a ?quasi-legislative? administrative determinationMatter of School Adm'rs Assn. of N.Y. State v New York State Dept. of Civ. Serv., 2015 NY Slip Op 00676, Appellate Division, Third Department On May 15, 2012, the New York State Department of Civil Service's Employee Benefits Division issued policy memorandum indicating the circumstances under which an employee of an agency participating in the New York State Health Insurance Program [NYSHIP] may decline health insurance enrollment in NYSHIP in exchange for a cash payment or other benefit, which policy was to take effect immediately...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 31, 2015

Posted on January 31, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 16, 2015 Click on text highlighted in color  to access the full report Office of Children and Family Services; Department of Environmental Conservation; Department of Health; Metropolitan Transportation Authority; New York State Health Insurance Program; Office of Parks, Recreation and Historic Preservation (Administration of Concession Services at Riverbank State Park); Office of Parks, Recreation and Historic Preservation (Preservation of Safety Infrastructure ? Follow-Up); Town of Goshen; Town of Hague; and Seaford Fire District...


New York State Comptroller Thomas P. DiNapoli?s Fiscal Stress Monitoring System reports 90 schoold districts experiencing fiscal stress

Posted on January 30, 2015
New York State Comptroller Thomas P. DiNapoli?s Fiscal Stress Monitoring System reports 90 schoold districts experiencing fiscal stressSource: Office of the State Comptroller Ninety school districts, more than 13 percent of districts statewide, have been designated as fiscally stressed under New York State Comptroller Thomas P...


Employee deemed to have voluntarily resigned from her position found eligible for unemployment insurance benefits under the circumstances

Posted on January 29, 2015
Employee deemed to have voluntarily resigned from her position found eligible for unemployment insurance benefits under the circumstancesMatter of Bowman (City of Niagara Falls--Commissioner of Labor), 2015 NY Slip Op 00425, Appellate Division, Third DepartmentAn individual may have but one domicile at time, i...


United States Supreme Court distinguishes a law from a regulation for the purposes the federal whistle blower statute

Posted on January 28, 2015
United States Supreme Court distinguishes a law from a regulation for the purposes the federal whistle blower statute Department of Homeland Security v MacLean, USSC #13-984 A federal air marshal publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals from certain flights...


Determining if there is a special relationship between a municipal employer and a municipal employee

Posted on January 27, 2015
Determining if there is a special relationship between a municipal employer and a municipal employee2015 NY Slip Op 00526, Appellate Division, Second Department Sometimes there is a "special relationship" between a municipal employer and a municipal employee...


An individual may be the victim of discriminatory animus that is directed to a third person with whom the individual associates

Posted on January 26, 2015
An individual may be the victim of discriminatory animus that is directed to a third person with whom the individual associates 2015 NY Slip Op 00326, Appellate Division, Second DepartmentIn this action, which the court characterized as a ?case of first impression for this Court,? one of the issues concerned whether a plaintiff alleging discrimination in employment on the basis of religion in violation of New York State?s Executive Law §296 can establish a prima facie case by alleging that he was discriminated against because of the religion of his spouse...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 24, 2014

Posted on January 24, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 24, 2014 Click on text highlighted in color  to access the full report DiNapoli and Schneiderman Announce Guilty Plea in $120K Fraud of State Pension Benefits State Comptroller Thomas P...


Proposed changes to the Education Law §3020-a disciplinary procedures

Posted on January 23, 2015
Proposed changes to the Education Law §3020-a disciplinary proceduresSource: Office of the GovernorOn January 21, 2015 Governor Andrew M. Cuomo presented his ?2015 Opportunity Agenda? in course of delivering his "State of the State Message."The Governor said that ?The current teacher discipline and termination system, commonly known as 3020-a hearings, is broken...


Arbitrator rules that retired employees entitled to certain benefits available to active employee as though their service ?was not interrupted?

Posted on January 22, 2015
Arbitrator rules that retired employees entitled to certain benefits available to active employee as though their service ?was not interrupted?Matter of Port Auth. of N.Y. & N.J. v Port Auth. Police Lieutenants Benevolent Assn., 2015 NY Slip Op 00459, Appellate Division, First Department [See, also, Matter of Port Auth...


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