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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: 15.9/day

Last Entry: November 24, 2014 at 07:00:00

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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...


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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...


New York State Comptroller Thomas P. DiNapoli releases municipal audits

Posted on November 19, 2014
New York State Comptroller Thomas P. DiNapoli releases municipal auditsSource: Office of the State ComptrollerNew York State Comptroller Thomas P. DiNapoli announced his office completed audits of the municipalities listed below. Cick on text highlighted in color  to access the full reportTown of Berkshire ? Town Clerk (Tioga County)The town clerk did not properly safeguard taxpayer funds...


STATE OFFICE CLOSURES IN STORM AREAS

Posted on November 19, 2014
For your information:Receive 5:04 p.m., Wednesday, November 19, 2014Governor's Office of Employee RelationsEd WalshEdward.Walsh@cs.ny.gov518.457.9375November 19, 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 Thursday, November 20...


Establishing seniority rights in the course of collective bargaining

Posted on November 18, 2014
Establishing seniority rights in the course of collective bargainingBregman v East Ramapo Cent. Sch. Dist., 2014 NY Slip Op 07610, Appellate Division, Second DepartmentThe Appellate Division held that Steven Bregman and the other plaintiffs [Bregman] in this action had waived their right to seniority credit through their teacher association's collective bargaining agreement with the Board of Education for the East Ramapo Central School District...


New York State Comptroller Thomas P. DiNapoli releases school audits

Posted on November 18, 2014
New York State Comptroller Thomas P. DiNapoli releases school audits Source: Office of the State ComptrollerOn November 18, 2014, New York State Comptroller Thomas P. DiNapoli announced his office completed audits of the school districts listed below...


Some limitations to obtaining information pursuant to New York State's Freedom of Information Law

Posted on November 17, 2014
Some limitations to obtaining information pursuant to New York State's Freedom of Information LawMiller v New York State Div. of Human Rights, 2014 NY Slip Op 07742, Appellate Division, First DepartmentThe Appellate Division sustained a Supreme Court ruling that the New York State Division of Human Rights did not violate the State?s Freedom of Information Law [FOIL] when it denied Jerald Miller?sFOIL request for certain documents...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending November 14, 2014

Posted on November 15, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending November 14, 2014Click on text highlighted in color  to access the full reportDepartment of Agriculture and Markets: Dairy Inspections (2014-S-16) The department performed approximately 6,000 inspections at almost 1,400 locations in calendar year 2013...


Deleting e-mails sent by the supervisor

Posted on November 13, 2014
Deleting e-mails sent by the supervisor OATH Index No. 2553/14The appointing authority filed disciplinary charges against an employee charging the individual with having deleted 27 of the 29 of the e-mails sent by her supervisor without having read them and disobeying an order not to delete e-mails transmitted by the supervisor...


New York State's Veterans Employment Act .

Posted on November 12, 2014
New York State's Veterans Employment Act Source: NYS Department of Civil ServiceThe New York State Department of Civil Service has distributed General Information Bulletin No. 14-04 to State Department and Agency Directors of Personnel and Affirmative Action Officers...


Recent ruling by the Appellate Division concerning alleged unlawful discrimination

Posted on November 07, 2014
Recent ruling by the Appellate Division concerning alleged unlawful discriminationBrowne v Board of Educ, 2014 NY Slip Op 07465, Appellate Division, Second DepartmentMatter of Katz (Commissioner of Labor), 2014 NY Slip Op 07556, Appellate Division, Third DepartmentThe Browne decision:This decision by the Appellate Division illustrates the shifting of a party?s ?burden of going forward? in litigating a complaint alleging unlawful discrimination...


The Unemployment Insurance Appeal Board is bound by the disciplinary arbitrator's factual findings regarding the employee?s misconduct

Posted on November 06, 2014
The Unemployment Insurance Appeal Board held bound by the disciplinary arbitrator's factual findings regarding the employee?s misconduct 2014 NY Slip Op 07414, Appellate Division, Third DepartmentA NYC Transit Authority [Authority] train operator [Operator] was served with disciplinary charges...


If a settlement or award includes a payment, only the part constituting reimbursement for lost wages is included in determining the employee?s retirement allowance

Posted on November 05, 2014
If a settlement or award includes a payment, only the part constituting reimbursement for lost wages is included in determining the employee?s retirement allowance 2014 NY Slip Op 07412, Appellate Division, Third DepartmentIn 2006 a grievance brought by the union on behalf of a teacher [Teacher] who was not selected for a coaching position was settled with the school district...


Removal of a public officer from his or her office

Posted on November 03, 2014
Removal of a public officer from his or her officeKalodukas v Berentsen, 2014 NY Slip Op 07406, Appellate Division, Third DepartmentGlenda Kalodukas and other citizen residents of the Village of Bloomingburg in Sullivan County [Kalodukas], filed a petition in the Appellate Division pursuant to Public Officers Law §36* seeking to have the Appellate Division remove Mark Berentsen from his position of Mayor of the Village, alleging, among other things, that he violated General Municipal Law Article 18...


Reporting compensation and reimbursement for expenses paid to election workers

Posted on November 01, 2014
Reporting compensation and reimbursement for expenses paid to election workersSource: Internal Revenue Service bulletinElection workers are individuals hired by government entities to perform services at polling places in connection with national, state and local elections...


A written administrative employee evaluation that is not disciplinary in nature may be placed in an employees personnel file by the employer

Posted on October 31, 2014
A written administrative employee evaluation that is not disciplinary in nature may be placed in an employees personnel file by the employer2014 NY Slip Op 07360, Appellate Division, Second DepartmentA tenured teacher [Teacher] filed a CPLR Article 78 petition seeking a court order directing the school district to remove a certain letter from Teacher's personnel file...


Using the services of a private entity to select and provide qualified medical personnel to conduct medical examination required by Civil Service Law §72.1

Posted on October 30, 2014
Using the services of a private entity to select and provide qualified medical personnel to conduct medical examination required by Civil Service Law §72.1Agency v Anonymous, OATH Index #866/14  Civil Service Law §72.1, in pertinent part, provides: ?When in the judgment of an appointing authority an employee is unable to perform the duties of his or her position by reason of a disability, other than a disability resulting from occupational injury or disease as defined in the workers' compensation law, the appointing authority may require such employee to undergo a medical examination to be conducted by a medical officer selected by the civil service department or municipal commission having jurisdiction...


Collective bargaining agreement determined to have clearly and unambiguously barred the arbitration of grievances involving layoff

Posted on October 29, 2014
Collective bargaining agreement determined to have clearly and unambiguously barred the arbitration of grievances involving layoff Matter of the Arbitration between Hudson Val. Community Coll. and Hudson Val. Community Coll. Faculty Assn., 2014 NY Slip Op 07240, Appellate Division, Third DepartmentChristine Raneri, a part-time adjunct professor employed by the Hudson Valley Community College (HVCC), was appointed as a full-time probationary teacher by the College in 2007...


Public employees speech concerning matters of a personal interest is not ?protected speech? within the ambit of the First Amendment

Posted on October 28, 2014
Public employees speech concerning matters of a personal interest is not ?protected speech? within the ambit of the First Amendment2014 NY Slip Op 07270, Appellate Division, First DepartmentAmong the issues considered in this appeal was the teacher?s [Teacher] claim that she had suffered retaliation as a result of her having sued the New York City Department of Education [NYCDE] and having made statements to the media...


A department policy does not trump the probationary period established by law or by a rule or regulations having the force and effect of law

Posted on October 27, 2014
A department policy does not trump the probationary period established by law or by a rule or regulations having the force and effect of lawYan Ping Xu v New York City Dept. of Health & Mental Hygiene, 2014 NY Slip Op 07261, Appellate Division, First DepartmentOne of the issues in this Article 78 action concerned the termination of Yan Ping Xu [YPX], a New York City employee serving as a "City Research Scientist I," a position in the noncompetitive class ...


COLA increases for dollar limitations on benefits and contributions

Posted on October 27, 2014
Retirement plan contributions - limitations on benefits and contributions Source: The Internal Revenue ServiceThe Federal tax law places limits on the dollar amount of contributions to retirement plans and IRAs and the amount of benefits under a pension plan...


The custodian of public records demanded pursuant to a FOIL request electing to withhold some or all such records has the burden of demonstrating that the information requested falls within a statutory exemption

Posted on October 27, 2014
The custodian of public records demanded pursuant to a FOIL request electing to withhold some or all such records has the burden of demonstrating that the information requested falls within a statutory exemptionJaronczyk v Mangano, 2014 NY Slip Op 07164, Appellate Division, Second DepartmentThe basic concept underlying the Freedom of Information Law [FOIL] is that all government documents and records, other than those having access specifically limited by statute,* are available to the public...


An appointing authority may not ignore statutory procedures that deprive public employees of the protection of the statute

Posted on October 24, 2014
An appointing authority may not ignore statutory procedures that deprive public employees of the protection of the statuteThornton v Saugerties Cent. Sch. Dist., 2014 NY Slip Op 07046, Appellate Division, Third DepartmentThe School District?s [District] data administrator?s [Thornton] position was abolished for budgetary reasons upon the School District?s purchase of data management services from a Board of Cooperative Educational Services (BOCES)...


A legal opinion by a municipal attorney is advisory

Posted on October 23, 2014
A legal opinion by a municipal attorney is advisory Comptroller of the City of New York v Department of Fin. of the City of New YorkSupreme Court, New York County, 2014 NY Slip Op 24309, Supreme Court, New York CountyIn this special proceeding, the Comptroller of the City of New York [the Comptroller] asked Supreme Court to compel the City?s Department of Finance of the City of New York (DOF) to honor a subpoena served on it by the Comptroller...


Employee improperly suspended

Posted on October 22, 2014
Employee improperly suspended without pay beyond the period permitted by Civil Service Law §75(3) credited with member service in a public retirement systemBattisti v City of New York, 2014 NY Slip Op 07065, Appellate Division, First DepartmentAnthony Battistiwas found guilty of misconduct after a disciplinary hearing and terminated from his employment with the New York City Police Department [NYPD]...


Terminated employee entitled to pay and benefits for all periods of suspension without pay in excess of 30 days

Posted on October 21, 2014
Terminated employee entitled to pay and benefits for all periods of suspension without pay in excess of 30 daysAlarcon v Board of Educ. of S. Orangetown Cent. School Dist , Appellate Division, Second Judicial Department, 2014 NY Slip Op 06969. [Alarcon II]In Alarcon I, [Alarcon v Board of Educ...


Appellate Courts differ regarding the State?s reduction of its employer contribution towards health insurance premiums for certain State retirees

Posted on October 20, 2014
Appellate Courts differ regarding the State?s reduction of its employer contribution towards health insurance premiums for certain State retireesBransten v State of New York, 117 AD3d 455 Retired Pub. Empls. Assn., Inc. v Cuomo, 2014 NY Slip Op 07044, Appellate Division, Third DepartmentIn course of collective bargaining for Taylor Law agreements for the period 2011-2016, the State and several collective bargaining units representing State employees agreed to reductions in the State's employer contribution towards State employee health insurance premiums to avoid laying off State employees during the life of these several collective bargaining agreements...


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