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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: April 16, 2014 at 07:30:00

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Official misconduct

Posted on April 16, 2014
Official misconductOATH Index Nos. 1679/13, 1680/13, 1681/13Two job center directors and a deputy director were charged with improperly transferring cases from other job centers in order to increase their own center?s job placement statistics. The employees admitted that they participated in the scheme but that they did so under pressure of meeting agency-wide goals...


Former Lt. Gov. Ravitch to Address Fiscal Challenges Facing Local Governments

Posted on April 15, 2014
Former Lt. Gov. Ravitch to Address Fiscal Challenges Facing Local GovernmentsFormer New York State Lieutenant Governor Richard Ravitch will deliver a talk on ?The Fiscal Challenges Facing Local Governments? for the 2014 Edwin L. Crawford Memorial Lecture on Municipal Law, to be held at Albany Law School on Tuesday, April 22, 2014, at 4:00 p...


Employee?s purported unresponsive answers to interrogatories used as a defense in disciplinary action

Posted on April 14, 2014
Employee?s purported unresponsive answers to interrogatories used as a defense in disciplinary actionOATH Index No. 876/14The employer moved to preclude the employee from offering a defense to disciplinary charges based upon employee?s purported unresponsive answers to interrogatories...


Nonresident attorney's right to practice law in New York State

Posted on April 13, 2014
Nonresident attorney's right to practice law in New York StateSchoenefeld v. State of New York, et al., USCA, 11-4283-cvThe U.S. District Court, Northern District of New York, held that Section 470 of the Judiciary Law, which requires nonresident attorneys to maintain an ?office for the transaction of law business? within the state of New York in order to practice in New York courts, places an impermissible burden on Ms...


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Perceived disability

Posted on April 12, 2014
Perceived disabilityWidomski v. Orange County Community CollegeSource: Justica Daily Summaries- EducationPlaintiff filed suit against OCCC, alleging claims of discrimination on the basis of a "perceived disability" and retaliation in violation of Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U...


Reckless behavior

Posted on April 11, 2014
Reckless behaviorOATH Index No. 266/14 The employee, a maintainer at the Verrazano Bridge, duties include driving tow trucks and assisting disabled vehicles. He was charged with several acts of dangerous and insubordinate behavior, and making false statements...


The Commissioner of Education to determine if two positions are sufficiently similar within the meaning of Education Law §2510 in the first instance

Posted on April 10, 2014
The Commissioner of Education to determine if two positions are sufficiently similar within the meaning of Education Law §2510 in the first instanceMatter of Alden Cent. Sch. Dist. (Alden Cent. Schools Administrators' Assn.), 2014 NY Slip Op 02185, Appellate Division, Fourth DepartmentThe school district filed an Article 75 petition seeking to stay arbitration of a grievance challenging the level of the compensation paid to an individual represented by the union who had been laid off from her position of principal of an elementary school and thereafter appointed from the preferred list to serve as an assistant principal at a middle school at a lower salary...


Application to stay or adjourn a disciplinary hearing

Posted on April 10, 2014
Application to stay or adjourn a disciplinary hearingOATH Index No. 503/14 A New York City firefighter?s application to stay or adjourn disciplinary hearing pending the outcome of a state court proceeding was denied by a New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge Judge Faye Lewis explained that the existence of a pending civil action does not generally provide a basis for a stay of an administrative disciplinary proceeding and the issues raised in the disciplinary proceeding were not preclusive of the issues raised in the Notice of Claim filed by respondent in state court...


No private right of action flows from a mere statement of general policy applicable to all Civil Service employees

Posted on April 10, 2014
No private right of action flows from a mere statement of general policy applicable to all Civil Service employeesMatter of Subway Surface Supervisors Assn. v New York City Tr. Auth., 2014 NY Slip Op 02380, Court of AppealsThe Subway Surface Supervisors Association, representing employees working under the title Station Supervisor Level One (SS-I) commenced a special proceeding against the New York City Transit Authority (TA) alleging that its members were being paid a lower base salary than their claimed counterparts, Station Supervisor Level Two (SS-II), for the same type of work...


The positions of village clerk/treasurer and village court clerk when filled by the same individual are incompatible

Posted on April 09, 2014
The positions of village clerk/treasurer and village court clerk when filled by the same individual are incompatibleInformal Opinions of the Attorney General 2014-1This opinion indicates that typically a village court clerk transmits certain funds to the village treasurer, and the a village treasurer maintains the funds and transfers some portion of them to the county and State...


Supplemental military leave benefits

Posted on April 09, 2014
Supplemental military leave benefitsI.D. No.CVS-14-14-00001-PThe New York State Department of Civil Service has proposed to amend 4 NYCRR 21.15 and 4 NYCRR 28-1.17, both of which provided supplemental military leave benefits to eligible officers and employees of the State as the employer...


Individual is required to make a timely demand for reinstatement following submission of his or her resignation allegedly made under duress

Posted on April 07, 2014
Individual is required to make a timely demand for reinstatement following submission of his or her resignation allegedly made under duress2014 NY Slip Op 01905, Appellate Division, Fourth DepartmentPetitioner, a former police officer, filed a petition pursuant to CPLR Article 78 seeking to compel his former employer to reinstate him to his former position with back pay, alleging that although he had submitted his resignation, it was obtained under duress -- i...


Treatment of Marriages of Same-Sex Couples for Retirement Plan Purposes

Posted on April 05, 2014
Treatment of Marriages of Same-Sex Couples for Retirement Plan PurposesThe IRS has issued Notice 2014-19, which provides guidance on how qualified retirement plans should treat the marriages of same-sex couples following the Supreme Court?s decision in United States v...


New York State's Human Rights Law and the New York City's Human Rights Law are not identical

Posted on April 04, 2014
New York State's Human Rights Law and the New York City's Human Rights Law are not identical2014 NY Slip Op 02098, Court of AppealsInitially employed by the NYC Health and Hospitals Corporation [HHC] in 1979, Plaintiff was diagnosed with an occupational lung disease...


Employee discipline guidelines for public employers

Posted on April 03, 2014
Employee discipline guidelines for public employersSource: posted by the Editorial Team of the NYMuniBlog    Harris Beach partner Edward A. Trevvett, Esq., recently presented a talk focusing on Employee Discipline ? Process, Procedure & Off-Duty Misconduct to municipal officials at a New York Conference of Mayors (NYCOM) Personnel School held in Pittsford, New York...


Complying with probationary evaluation procedures set out in the collective bargaining agreement

Posted on April 02, 2014
Complying with probationary evaluation procedures set out in the collective bargaining agreement 2014 NY Slip Op 01236, Appellate Division, Third DepartmentThe relevant collective bargaining agreement (CBA) containing a broad arbitration clause and a grievance procedure providing that any unresolved grievance is subject to arbitration...


An individual?s inconsistent statements to different parties can be deemed a willful false statement or misrepresentation

Posted on April 01, 2014
An individual?s inconsistent statements to different parties can be deemed a willful false statement or misrepresentation2014 NY Slip Op 01805, Appellate Division, Third DepartmentA civilian employee, [Claimant] working at a state correctional facility was dismissed from his employment after he was arrested for attempting to smuggle contraband, hidden in his lunch pail, into the facility...


Providing health insurance benefits to employee upon retirement

Posted on March 31, 2014
Providing health insurance benefits to employee upon retirement2014 NY Slip Op 01496, Appellate Division, Third DepartmentA series of collective bargaining agreement (CBA) in effect from July 1996 to June 2002 provided that employees who retire with fifteen or more years of service to the District shall be entitled to District provided individual or family health insurance coverage, as applicable, at no cost to the retiree...


Posted on the Blogs:

Posted on March 29, 2014
Posted on the Blogs:The Digital Journal has posted an article prepared by White, Ricotta & Marks, P.C. [www.queensemploymentattorney.com] highlighting some of the recent changes to the disciplinary hearing procedures set out in Education Law §3020-a...


Individual declared ineligible for unemployment insurance benefits after failing to obtain a required license

Posted on March 28, 2014
Individual declared ineligible for unemployment insurance benefits after failing to obtain a required license Matter of Duncanson (Commissioner of Labor), 2014 NY Slip Op 01802, Appellate Division, Third DepartmentA former school teacher [Claimant] was found ineligible for unemployment insurance benefits...


Unless the collective bargaining agreement specifically so provides, the contract grievance procedure set out in the agreement is not available to a retiree

Posted on March 27, 2014
Unless the collective bargaining agreement specifically so provides, the contract grievance procedure set out in the agreement is not available to a retiree2014 NY Slip Op 01845, Appellate Division, Fourth DepartmentA retired employee [Retiree] of the Village [Village] commenced this breach of contract action seeking to compel Village to pay 80% of his health insurance plan premiums, alleging that Village had paid him that percentage pursuant to the terms of a collective bargaining agreement (CBA) between the Village and the union when he was an active employee...


The Warren M. Anderson Breakfast Series Seminar?s Infrastructure Funding session is scheduled for April 8, 2014

Posted on March 26, 2014
The Warren M. Anderson Breakfast Series Seminar?s Infrastructure Funding session is scheduled for April 8, 2014Source: Government Law Center, Albany Law SchoolThe Albany Law School?s Government Law Center will host the next 2014 Annual Warren M. Anderson Breakfast Seminar Series, a nonpartisan hour-long breakfast program, on April 8 from 8-9 a...


Substantial evidence that police officer is able to perform the duties of his or her position precludes granting the individual General Municipal Law §207-c benefits

Posted on March 26, 2014
Substantial evidence that police officer is able to perform the duties of his or her position precludes granting the individual General Municipal Law §207-c benefitsHensel v City of Utica, 2014 NY Slip Op 01883, Appellate Division, Fourth DepartmentA municipal police officer was injured while on duty and received General Municipal Law §207-c benefits*for a period of time...


Some critical procedural elements to be satisfied in order to provide the Commissioner jurisdiction to consider an application to remove a school board member or school district officer

Posted on March 25, 2014
Some critical procedural elements to be satisfied in order to provide the Commissioner jurisdiction to consider an application to remove a school board member or school district officer Application for removal of the President and Member at Large of a school board...


Litigating an alleged violation of a term in a collective bargaining agreement following the rejection of a non-binding arbitration award by party to the agreement

Posted on March 24, 2014
Litigating an alleged violation of a term in a collective bargaining agreement following the rejection of a non-binding arbitration award by party to the agreementCivil Serv. Employees Assn., Inc. v Nassau Health Care Corp., 2014 NY Slip Op 01704, Appellate Division, Second DepartmentCSEA alleged that Nassau Health Care Corporation [NHCC] had violated the terms of a collective bargaining agreement [CBA] when it deemed certain employees reinstated to their former positions as "new" employees for purposes of determining their eligibility for health benefits, their seniority status, and their rate of leave accruals...


2014 editions of electronic books [e-books] focusing on New York State and Municipal Public Personnel Law:

Posted on March 22, 2014
2014 editions of electronic books [e-books] focusing on New York State and Municipal Public Personnel Law now available:The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State set out in a 2100+ page e-book...


Factors that may serve to mitigate a disciplinary penalty upon a finding of misconduct

Posted on March 21, 2014
Factors that may serve to mitigate a disciplinary penalty upon a finding of misconduct2014 NY Slip Op 01813, Appellate Division, First Department2014 NY Slip Op 01814, Appellate Division, First DepartmentIn both of these cases tenured teachers were terminated after a disciplinary arbitrator found them guilty of allegedly "engaging in what appeared to be sexually inappropriate behavior with a colleague" while on school property in an ?unofficial capacity...


Guidelines considered by the Commissioner of Education when adjudicating an application seeking the removal of a member of a board of education or a school officer

Posted on March 20, 2014
Guidelines considered by the Commissioner of Education when adjudicating an application seeking the removal of a member of a board of education or a school officerDecisions of the Commissioner of Education, Decision 16,593 In considering this application seeking the removal of certain members of the school district?s board of education, the Commissioner first recited the litigation and other procedures over a number of years in which the parties to this application were involved and noted that ?the history of dissention and conflict? affecting the school district is well documented by the numerous legal actions in recent years involving the district...


The failure to serve a necessary party requires the dismissal of the proceeding

Posted on March 19, 2014
The failure to serve a necessary party requires the dismissal of the proceeding2014 NY Slip Op 01696, Appellate Division, First DepartmentThe Article 78 action involved an individual [Petitioner] seeking a court order annulling a decision of the New York City Civil Service Commission [CSC]...


Suspension without pay pending employee?s disciplinary determination

Posted on March 18, 2014
Suspension without pay pending employee?s disciplinary determinationCSEA, Cortland Local v Cortland Hous. Auth., 2014 NY Slip Op 01652, Appellate Division, Third DepartmentIn August the Cortland Housing Authority served disciplinary charges pursuant to Civil Service Law §75 against a member of the Civil Service Employees Association?s Local Housing Association Unit and suspended her without pay...


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