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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.

Post Frequency: 14.9/day

Last Entry: December 17, 2014 at 07:00:00

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Determining if an individual is an employee or an independent contractor of an entity

Posted on December 17, 2014
Determining if an individual is an employee or an independent contractor of an entityLustgarten (New York Psychotherapy & Counseling Ctr.--Commissioner of Labor), 2014 NY Slip Op 08538, Appellate Division, Third DepartmentSamuel H. Lustgarten, a psychiatrist, provided services for clients of New York Psychotherapy and Counseling Center (NYPCC) for approximately 10 years...


Due process considerations involving employees on leave of absence pursuant to CSL §71 as the result of a work related injury or disease or CSL §72 as the result of an injury or disease not related to employment

Posted on December 16, 2014
Due process considerations involving employees on leave of absence pursuant to CSL §71 as the result of a work related injury or disease or CSL §72 as the result of an injury or disease not related to employmentAllen v City of New York, 2014 NY Slip Op 08369, Appellate Division, First DepartmentThe Appellate Division affirmed a Supreme Court's ruling that the City of New York violated Lionel Allen, then on workers' compensation leave pursuant to §71, when it terminated him from such leave...


Selected reports and information published by New York State's Comptroller during the Week Ending December 14, 2014

Posted on December 15, 2014
Selected reports and information published by New York State's Comptroller during the Week Ending December 14, 2014 Click on text highlighted in color  to access the full reportDiNapoli: Audits Recommend Fixes to Affordable Housing ProgramsNew York State Comptroller Thomas P...


National Publication Names NYS?s Tax Policy Director ?Person of the Year?

Posted on December 15, 2014
National Publication Names NYS?s Tax Policy Director, Deputy Commissioner Robert Plattner, ?Person of the Year?Source: New York State Department of Taxation and FinanceA national publication has honored the NYS Tax Department?s policy chief with its annual Person of the Year Award for his vital role in the passage of sweeping corporate tax reform...


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Calculating a teacher's seniority for layoff and preferred eligible list purposes

Posted on December 15, 2014
Calculating a teacher's seniority for layoff and preferred eligible list purposes Decisions of the Commissioner of Education, Decision No. 16,686An educator [Teacher A] challenged the actions of the School District in calculating her seniority for layoff and  preferred eligibility list  purposes...


The 50 Most Popular New York Blawgs

Posted on December 13, 2014
The 50 Most Popular New York Blawgs The 50 most popular Law Blogs of the 352 listed by Justia as having a "New York State focus" are listed below. The reference to the Blog's ?Rank this week? refers to its rank in the 5,983 Blawgs in 74 subcategories for which Justia maintains statistics for the past week...


Claimant's willful misrepresentation on his or her application for unemployment insurance results in the imposition of both a recoverable overpayment and forfeiture penalty

Posted on December 12, 2014
Claimant's willful misrepresentation on his or her application for unemployment insurance results in the imposition of both a recoverable overpayment and forfeiture penaltyCampon (Commissioner of Labor), 2014 NY Slip Op 08298, Appellate Division, Third Department...


Demonstrating a constitutional claim of member service credits bars their prehearing removal and the cancellation of the individual's retirement application by the retirement system

Posted on December 11, 2014
Demonstrating a constitutional claim of member service credits bars their prehearing removal and the cancellation of the individual's retirement application by the retirement system Kravitz v DiNapoli, 2014 NY Slip Op 08284, Appellate Division, Third DepartmentJay A Kravitz, a licensed physician, provided part-time professional services to four public school districts since the mid-1980s...


Placing an employee on an involuntary leave of absence pursuant to Civil Service Law §72.5

Posted on December 10, 2014
Placing an employee on an involuntary leave of absence pursuant to Civil Service Law §72.5 2014 NY Slip Op 08273, Appellate Division, Third DepartmentThis appeal considers the placement of an employee [Anonymous] (1) on an involuntary leave of absence pursuant to Civil Service Law §72...


Allegations of unlawful discrimination based of the employer?s failure to promote an individual to higher level positions

Posted on December 09, 2014
Allegations of unlawful discrimination based of the employer?s failure to promote an individual to higher level positionsOkocha v City of New York, 2014 NY Slip Op 08261, Appellate Division, First DepartmentThe Appellate Division ruled that Supreme Court was correct in dismissing the petition filed by Emmanuel O...


A death benefit payable by the New York Employees? Retirement System is a testamentary substitute that may permit a non-designated spouse to exercise his or her ?right of election?

Posted on December 08, 2014
A death benefit payable by the New York Employees? Retirement System is a testamentary substitute that may permit a non-designated spouse to exercise his or her ?right of election?Gopaul v New York City Employees' Retirement Sys., 2014 NY Slip Op 08020, Appellate Division, Second DepartmentShakuntala Devi Tika Gopaul, the widow of a member of the New York City Employees' Retirement System (NYCERS), sued NYCERS after it refused to accept her late husband's fully completed and notarized designation of beneficiary form naming her as his sole beneficiary...


Providing for the defense and indemnification of school officials pursuant to Public Officers Law §18(3)(a) or Education Law §381

Posted on December 06, 2014
Providing for the defense and indemnification of school officials pursuant to Public Officers Law §18(3)(a) or Education Law §3811Appeal of Betty Carmand and Steven White, Decisions of the Commissioner of Education, Decision #16,689In this appeal to the Commissioner of Education, Betty Carmand and Steven White challenged the Board of Education of the East Ramapo Central School District's decision under color of §18 of the Public Officers Law to expend district funds to appoint counsel to defend or otherwise represent current and former board members and district employees in connection with several actions, proceedings and other matters...


The jurisdiction of New York State?s Division of Human Rights is limited to resolving complaints of alleged unlawful discrimination involving an employer, an employment agency, or a labor union

Posted on December 05, 2014
The jurisdiction of New York State?s Division of Human Rights is limited to resolving complaints of alleged unlawful discrimination involving an employer, an employment agency, or a labor unionMalcolm v New York State Dept. of Labor, 2014 NY Slip Op 07852, Appellate Division, Fourth DepartmentBernice Malcolm filed a complaint of unlawful discrimination with the New York State Division of Human Rights in which she named the New York State Department of Labor [DOL] as one of a number of respondents...


Infographic on White Collar Crime

Posted on December 05, 2014
Infographic on White Collar CrimeGould School of Law, University of Southern CaliforniaThe University of Southern California's Gould School of Law has posted an ?infographic? on the Internet focusing on white collar crime.The infographic states that ?White collar crime is as old as business itself, with the pioneers of the art form resorting to crude measures to bilk others out of their hard earned currency...


A public officer failing to file a timely oath of office forfeits his or her appointment or election to such office

Posted on December 04, 2014
A public officer failing to file a timely oath of office forfeits his or her appointment or election to such officePublic Officers Law §30§30 of the Public Officers Law, among other things, provides that ?Every office shall be vacant" upon the refusal or neglect of the individual to file his or her official oath or undertaking, if  one is required, before or within thirty days after the commencement of  the term of office for which he or she is chosen, if an elective office, or if an appointive  office, within thirty days after notice of his or her appointment, or within thirty days after the commencement of such term; or to file a renewal undertaking within the time required by law, or if   no time be so specified, within thirty  days  after  notice  to  him or her in   pursuance of law, that such renewal undertaking is required...


Cybersecurity: An enterprise-wide governance issue

Posted on December 04, 2014
Cybersecurity: An enterprise-wide governance issueDecember 9, 2014 ? 2 PM ET A complimentary CLE webinarBoth a hot button and hot potato in many organizations, the issue of who is responsible for cybersecurity can be nebulous. To strengthen an organization?s position on cybersecurity, boards of directors and management need to elevate cybersecurity to an issue of corporate governance, not just a technology problem siloed within an IT department...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on December 3, 2014

Posted on December 04, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on December 3, 2014 Click on text highlighted in color  to access the full reportDepartment of Health (DOH): Improper Payments Related to the Medicare Buy-In Program (Follow-Up) (2014-F-12)An initial audit report issued in October 2012 determined that, from March 2006 through February 2011, Medicaid made nearly 260,000 improper payments (totaling about $26...


Maggie Miller named Chief Information Officer of the New York State Office of Information Technology Services

Posted on December 04, 2014
Maggie Miller named Chief Information Officer of the New York State Office of Information Technology ServicesSource: Office of the GovernorOn December 3, 2014, Governor Andrew M. Cuomo announced that he has appointed Maggie Miller Chief Information Officer of the New York State Office of Information Technology Services...


Placing an employee on an involuntary leave pursuant to Civil Service Law §72.5

Posted on December 03, 2014
Placing an employee on an involuntary leave pursuant to Civil Service Law §72.5OATH Index No. 2443/14Following an investigation of several complaints of workplace violence involving an employee, Anonymous, the individual was referred to a psychiatrist for evaluation...


Retirement Update from the Internal Revenue Service

Posted on December 03, 2014
Retirement plan updates issued by the Internal Revenue ServiceClick on highlighted text to access the complete advisoryUpdated Model NoticesUpdated model eligible rollover distribution noticesFor Sponsors of 401(a), 403(a), 403(b) and governmental 457(b) plans to notify participants of rollover options for their distributions from Roth and non-Roth accounts, including the right to direct pre-tax and after-tax amounts to separate destinations(Notice 2014-74)Retirement Plan WebinarsRemember to registerfor these upcoming retirement plan webinars ? 2 p...


An employer is neither required to create a new light-duty position to accommodate a disability nor to assign an employee with more than a temporary disability to a light-duty program designed to accommodate a temporary disability

Posted on December 02, 2014
An employer is neither required to create a new light-duty position to accommodate a disability nor to assign an employee with more than a temporary disability to a light-duty program designed to accommodate a temporary disability*Coles v New York State Div...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on December 2, 2014

Posted on December 02, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli on December 2, 2014 Click on texthighlighted in color  to access the full reportVillage of Bainbridge ? Financial Operations (Chenango County)The board did not request adequate reports from the clerk-treasurer and was unable to make informed financial decisions...


The Rule of Necessity provides a limited exception to the requirement of an unbiased adjudicator by permitting a biased adjudicator to decide a case if, and only if, the dispute cannot otherwise be heard

Posted on December 01, 2014
The Rule of Necessity provides a limited exception to the requirement of an unbiased adjudicator by permitting a biased adjudicator to decide a case if, and only if, the dispute cannot otherwise be heardZlotnick v City of Saratoga Springs, 2014 NY Slip Op 08289, Appellate Division, Third DepartmentThis CPLR Article 78 petition was transferred to the Appellate Division by the Supreme Court to review a determination John P...


Sending a copy of an e-mail containing confidential agency information addressed to other supervisors to her attorney not protected by an ?attorney-client? privilege

Posted on November 26, 2014
Sending a copy of an e-mail containing confidential agency information addressed to other supervisors to her attorney not protected by an ?attorney-client? privilege OATH Index No. 2614/14A supervisor was served with disciplinary charges alleging she had included confidential information about agency clients in an email to supervisors that she had ?e-mail copied? to her attorney...


Failing to report for a medical examination

Posted on November 25, 2014
Failing to report for a medical examinationOATH Index No. 1402/14A food service manager was found to have failed to report for scheduled medical examinations, that he was ordered to attend pursuant to §2568 of the Education Law, on three occasions. Further, Administrative Law Judge Faye Lewis found that the manager had not been at work for more than two years...


Appealing the denial of an application for General Municipal Law §207-c disability benefits

Posted on November 24, 2014
Appealing the denial of an application for General Municipal Law §207-c disability benefitsLowther v County of Rockland, 2014 NY Slip Op 08018, Appellate Division, Second DepartmentThe Rockland County Sheriff denied Deputy Sheriff Charles Lowther?s application for disability benefits pursuant to General Municipal Law §207-c...


Tenured teachers and school administrators facing disciplinary action typically have the right to elect the Education Law §3020-a.disciplinary procedure in lieu of a contract disciplinary procedure

Posted on November 21, 2014
Tenured teachers and school administrators facing disciplinary action typically have the right to elect the Education Law §3020-a.disciplinary procedure in lieu of a contract disciplinary procedureKilduff v Rochester City Sch. Dist., 2014 NY Slip Op 08056, Court of AppealsThe Rochester City School District notified Roseann Kilduff, a tenured school social worker,that she was to be suspended for 30 days without pay for certain alleged misconduct...


An individual serving in a major nontenured policymaking or advisory position within the meaning of Labor Law §565(2)(e) is ineligible for unemployment insurance benefits

Posted on November 20, 2014
An individual serving in a major nontenured policymaking or advisory position within the meaning of Labor Law §565(2)(e) is ineligible for unemployment insurance benefitsMatter of Birnbaum (Commissioner of Labor), 2014 NY Slip Op 07719, Appellate Division, Third DepartmentJulian R...


STATE OFFICE CLOSURES IN STORM AREAS - updated November 20, 2014

Posted on November 20, 2014
Governor's Office of Employee RelationsEdward.Walsh@cs.ny.gov518.457.9375November 20, 2014STATE OFFICE CLOSURES IN STORM AREASIn light of the weather conditions associated with the continuing winter storm, State offices in Cattaraugus, Chautauqua, Erie, Franklin, Genesee, Herkimer, Jefferson, Lewis, Oswego, and Wyoming counties will be closed on Friday, November 21...


A public entity may have liability for damages resulting from an accident if it has a ?special relationship? with the injured party

Posted on November 19, 2014
A public entity may have liability for damages resulting from an accident if it has a ?special relationship? with the injured partyDelanoy v City of White Plains, 2014 NY Slip Op 07615, Appellate Division, Second DepartmentJoseph J. Delanoy, Jr sued the City of White Plains seeking to recover damages for personal injuries...


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