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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: May 28, 2015 at 09:00:00

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An administrative agency?s acknowledgment of its authority to reconsider its determination, without more, neither rendered its determination nonfinal nor extended the relevant statute of limitations

Posted on May 28, 2015
An administrative agency?s acknowledgment of its authority to reconsider its determination, without more, neither rendered its determination nonfinal nor extended the relevant statute of limitations2015 NY Slip Op 04369, Appellate Division, Third DepartmentThe general rule followed in situations where an aggrieved party asks an administrative agency or tribunal to reconsider its determination is that the statute of limitations to appeal the administrative determination begins to run when notice of the final administrative action or decision is received by the party or, if the party is represented by an attorney, the party's attorney, notwithstanding the submission of such a request...


Submitting, demanding and withdrawing a resignation from public employment

Posted on May 27, 2015
Submitting, demanding and withdrawing a resignation from public employment 2015 NY Slip Op 04408, Appellate Division, First DepartmentThe rules of the New York State Civil Service Commission provide that "every resignation shall be in writing" [4 NYCRR 5...


Unit member claims her employee organization breached its duty of fair representation when it refused to provide her with legal representation

Posted on May 26, 2015
Unit member claims her employee organization breached its duty of fair representation when it refused to provide her with legal representation 2015 NY Slip Op 04234, Appellate Division, First DepartmentA member [Member] of the collective bargaining unit sued the Member?s collective bargaining  organization [CBO]  after receiving a letter from the CBO advising her that:[1] Her grievance concerning a salary adjustment was denied; [2] The CBO did not believe that her claim was meritorious; and [3] The CBO would not pursue the matter at arbitration...


Substantial evidence of guilt of ?serious? offences supports imposing the penalty of dismissal from employment

Posted on May 25, 2015
Substantial evidence of guilt of ?serious? offences supports imposing the penalty of dismissal from employment2015 NY Slip Op 04252, Appellate Division, First DepartmentThe New York City Police Commissioner dismissed a New York City police officer from his position following an administrative disciplinary hearing...


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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending May 23, 2015

Posted on May 23, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending  May 23, 2015Click on text highlighted in color  to access the full reportEmbezzlement by Former Justice Court Clerk results in incarceration, repayment of $117,120An audit investigation by State Comptroller Thomas P...


Designating an individual an ?independent contractor? rather than an ?employee? does not control the relationship of that individual to the employing entity

Posted on May 22, 2015
Designating an individual an ?independent contractor? rather than an ?employee? does not control the relationship of that individual to the employing entity125 AD3d 1223The Unemployment Insurance Appeal Board, ruled, among other things, that the New York State Office of Court Administration [OCA] is liable for unemployment insurance contributions on remuneration paid to a claimant [Worker] for unemployment insurance benefits...


The court will sustain an administrative determination if the administrative body?s interpretation of the controlling statute is reasonable and the underlying factual findings are supported by substantial evidence

Posted on May 21, 2015
The court will sustain an administrative determination if the administrative body?s interpretation of the controlling statute is reasonable and the underlying factual findings are supported by substantial evidence2015 NY Slip Op 519303, Appellate Division, Third DepartmentSupreme Court dismissed the petitioner's [Retiree] application seeking a review of a determination of State Comptroller denying Retireer's application for ?incentive service retirement...


Inability to Work With a Particular Supervisor is Not a Disability

Posted on May 21, 2015
Inability to Work With a Particular Supervisor is Not a DisabilityArkady Itkin - https://casetext.com/users/arkady-itkin -   Generally, an employee who suffers from anxiety / stress depression as a result of working for a particular supervisor is not entitled to having a different manager as a reasonable accommodation to that disability...


Probationary employee has the burden of showing his or her termination was made in bad faith or for an unlawful reason

Posted on May 21, 2015
Probationary employee has the burden of showing his or her termination was made in bad faith or for an unlawful reason 2015 NY Slip Op 02220, Appellate Division, First DepartmentThe Appellate Division sustained a Supreme Court?s dismissal of a probationary employee?s [Probationer] ?motion to renew,? explaining that the lower court ?properly determined that there was no basis to annul [the appointing authority?s determination to discontinue Probationer?s employment as an assistant principalProbationer, said the court, failed to show that the appointing authority?s determination, upon reinvestigation and reconsideration, was made in bad faith, in violation of lawful procedure, or for a constitutionally impermissible purpose...


The State Constitution?s prohibition of gifts of public funds is not necessarily applicable in situations involving labor-management relations between public employees and public employers under the Taylor Law

Posted on May 20, 2015
The State Constitution?s prohibition of gifts of public funds is not necessarily applicable in situations involving labor-management relations between public employees and public employers under the Taylor Law2015 NY Slip Op 03837, Appellate Division, Second DepartmentIntroducing its decision in this appeal with the statement "Judicial review of an arbitrator's award is extremely limited," the Appellate Division explained that "A party seeking to overturn an arbitration award on one or more grounds stated in CPLR 7511(b)(1) bears a heavy burden, and must establish a ground for vacatur by clear and convincing evidence...


A claim that an employee organization has breached its duty of fair representation must be timely raised by the aggrieved individual

Posted on May 19, 2015
A claim that an employee organization has breached its duty of fair representation must be timely raised by the aggrieved individual2015 NY Slip Op 03810, Appellate Division, Second DepartmentAn employee organization?s duty of fair representation is the legal duty, requiring the employee organization to represent every employee in the negotiating unit in good faith,  regardless of whether the employee is a member of the employee organization or not...


The Doctrine of Equitable Estoppel will not be applied where the individual had sufficient knowledge to bring a timely action

Posted on May 18, 2015
The Doctrine of Equitable Estoppel will not be applied where the individual had sufficient knowledge to bring a timely action2015 NY Slip Op 04050, Appellate Division, First DepartmentSupreme Court dismissed the employee?s petition [Petitioner] seeking to annul the appointing authority?s termination of her employment as untimely...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending May 16, 2015

Posted on May 16, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending May 16, 2015Click on text highlighted in color to access the full report Comptroller Di Napoli releases municipal audit reports for:Carthage-West Carthage Water Pollution Control Facilityhttp://www...


Loss of the license or other certification required for the performance of the duties of the position typically results in the termination of the individual?s employment

Posted on May 15, 2015
Loss of the license or other certification required for the performance of the duties of the position typically results in the termination of the individual?s employment2015 NY Slip Op 04182, Appellate Division, Third DepartmentAlthough the loss of the license or the certification required to perform the duties of the position typically results in the termination of the individual?s employment, the courts have held that a termination for inability to produce proof of possession of a required license, permit or certificate is not a dismissal in the nature of discipline...


The eight factors that a public agency or private employer must consider before rejecting an applicant for employment based on his or her criminal record

Posted on May 14, 2015
The eight factors that a public agency or private employer must consider before rejecting  an applicant for employment based on his or her criminal record2015 NY Slip Op 04028, Court of AppealsDistinguishing its decision in Acosta v New York City Board of Education [Board], in this action the Court of Appeals held that the Board?s denial of the application for certification as a school bus driver because of his prior criminal convictions was not arbitrary and capricious...


Employers must provide a disabled individual with a reasonable accommodation of his or her disability in contrast to providing the accommodation preferred by the individual

Posted on May 13, 2015
Employers must provide a disabled individual with a reasonable accommodation of his or her disability in contrast to providing the accommodation preferred by the individual2015 NY Slip Op 03936, Appellate Division, First DepartmentThe Appellate Division agreed with Supreme Court?s finding that the City of New York as the employer [Employer] had demonstrated that it had engaged in a good faith interactive process through which it had provided Complainant with a reasonable accommodation to address her vision and reading disabilities...


A reminder from the Internal Revenue Service

Posted on May 13, 2015
A reminder from the Internal Revenue ServiceFree Webinars1. Taxability of Fringe Benefits Part Two: Commonly Provided Fringe Benefits When: June 11, 2015; 2 p.m. (Eastern) [ [Did you miss Part One? See #3 below.]How: Register for this event. You will use the same link to attend the event...


A requests for reconsideration of a final administrative decision does not toll the running of the Statute of Limitations

Posted on May 12, 2015
A request for reconsideration of a final administrative decision does not toll the running of the Statute of Limitations2015 NY Slip Op 03929, Appellate Division, First DepartmentIn 2006 the New York City Teachers' Retirement System (TRS) calculated a teacher?s [Retiree] total service credit and found her to be ineligible for an early retirement incentive (ERI) program...


Public pension reform effort by the Illinois State Legislature ruled unconstitutional by the Supreme Court of Illinois

Posted on May 11, 2015
Public pension reform effort by the Illinois State Legislature ruled unconstitutional by the Supreme Court of IllinoisIn re Pension Reform Litigation, [Doris Heaton, et al,] v Pat Quinn, Governor, State of Illinois, et al, Supreme Court of Illinois, 2015 IL Docket 118585, In this action the plaintiff contended the Act amending Illinois Pension Code (40 ILCS 5/1-101 et seq...


New York State?s Human Rights Law protects unpaid interns in the public and private sectors from unlawful discrimination

Posted on May 10, 2015
New York State?s Human Rights Law protects unpaid interns in the public and private sectors from unlawful discriminationSource: NYS Division of Human Rights New York State Division of Human Rights Commissioner Helen Diane Foster has issued a press release reminding public and private sector employers in New York State that interns are protected from discrimination in the workplace under the New York State Human Rights Law...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending May 9, 2015

Posted on May 09, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending May 9, 2015Click on text highlighted in color to access the full report Delaware Co. ? Vehicle Usage and DisposalCounty officials did not perform cost-benefit analyses to support the after-hours locations of vehicles...


Computerized monitoring system records deemed substantial evidence of guilt in a disciplinary proceeding

Posted on May 08, 2015
Computerized monitoring system records deemed substantial evidence of guilt in a disciplinary proceeding2015 NY Slip Op 03919, Appellate Division, First DepartmentAn employee [Petitioner] was found guilty of the disciplinary charges filed against him alleging that he failed to follow standard that resulted in an injury to an individual using an ?out of service? building elevator...


Applying the doctrine of estoppel against a governmental entity

Posted on May 07, 2015
Applying the doctrine of estoppel against a governmental entity2015 NY Slip Op 02551, Appellate Division, Third DepartmentIn 2004 representatives of the New York State and Local Retirement System [System] told an individual [Member] that he was eligible to receive member service credit in the System for his employment with the Legal Aid Society of Westchester County from 1973 to 1975...


The absence of the individual who rated the employee unsatisfactory from the administrative hearing may be cured by the testimony of a superior who also observed and rated the employee?s performance

Posted on May 06, 2015
The absence of the individual who rated the employee unsatisfactory from the administrative hearing may be cured by the testimony of a superior who also observed and rated the employee?s performance2015 NY Slip Op 03787, Appellate Division, First DepartmentSupreme Court denied a teacher?s [Teacher] petition seeking to annul the appointing authority?s sustaining unsatisfactory rating given Teacher for the school year in question...


An employee injured on the job may sue for injuries he or she subsequently suffered while being transported to a hospital for treatment for his or her job related injuries

Posted on May 05, 2015
An employee injured on the job may sue for injuries he or she subsequently suffered while being  transported to a hospital for treatment for his or her job related injuries 2015 NY Slip Op 03506, Appellate Division, Second DepartmentA correction officer [Officer] sustained an injury in the course of his employment at a New York City corrections facility...


A police department may not be liable injuries caused by a police officer if the officer was not acting "within the scope of his or her employment and in furtherance of the employer's business."

Posted on May 04, 2015
A police department may not be liable injuries caused by a police officer if the officer was not acting "within the scope of his or her employment and in furtherance of the employer's business."Among the defendants in this wrongful death action involving a police officer [Officer] were Officer?s employers: the Town Police Department and Town [Defendants]...


The activities of the State?s Joint Commission on Public Ethics and the Legislative Ethics Commission to be reviewed

Posted on May 03, 2015
The activities of the State?s Joint Commission on Public Ethics and the Legislative Ethics Commission to be reviewed Members of a Review Commission, the JCOPE Review Commission, have been appointed. The Review Commission is to review and evaluate the activities and performance of the State?s Joint Commission on Public Ethics and the Legislative Ethics Commission...


Administrators, union leaders and attorneys involvied with employment in the public sector issues may be interested in some of the LawBlogs listed by Justia

Posted on May 01, 2015
Administrators, union leaders and attorneys involved with employment in the public sector issues may be interested in visiting some of the LawBlogs tracked by JustiaUpdated May 1, 2015Justia currently tracks the readership of 6,122 Lawblogs in 74 subcategories, ranking the most popular based on the number of visits to these LawBlogs using its BlawgSearch search engine...


Withdrawing an application for service retirement benefits requires the member to file a written request to do so with the retirement system prior to the effective date of his or her retirement

Posted on May 01, 2015
Withdrawing an application for service retirement benefits requires the member to file a written request to do so with the retirement system prior to the effective date of his or her retirement A member [Member] of the New York State & Local Employees' Retirement System [System]  filed an application for service retirement benefits...


A probationary teacher may be terminated from his or her position absent a showing that his or her dismissal was made in bad faith, in violation of law, or for a constitutionally impermissible purpose.

Posted on April 30, 2015
A probationary teacher may be terminated from his or her position absent a showing that his or her dismissal was made in bad faith, in violation of law, or for a constitutionally impermissible purpose.Supreme Court denied a probationary employee?s [Probationer] petition seeking to have the court annul the appointing authority?s decision to terminate Probationer?s services during her probationary period...


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