New York Public Personnel Law: Labor & Employment Law

Home -> Law Blog Directory -> Labor & Employment Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Labor & Employment 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: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Vacating an arbitration award

Posted on January 25, 2010
Vacating an arbitration awardMatter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn., 2009 NY Slip Op 04230, Decided on May 26, 2009, Appellate Division, Second DepartmentComplaining that the arbitrator's award was ?indefinite and nonfinal? when it directed that ?sixth grade teachers assigned a sixth teaching period? shall be paid at the "negotiated sixth

Termination from Civil Service Law §71 Workers? Compensation Leave

Posted on January 25, 2010
Termination from Civil Service Law §71 Workers? Compensation LeaveMatter of Richard Lazzari v Town of Eastchester, 62 AD3d 1002§71 of the Civil Service Law provides for the granting of ?workers? compensation leave? to an employee of the State or a political subdivision of the State who is disabled as the result of a work-connected injury or disease where such injury or disease does not

Failure to include transcript of the disciplinary hearing bars any ?meaningful appellate review?

Posted on January 22, 2010
Failure to include transcript of the disciplinary hearing bars any ?meaningful appellate review?Matter of Michael Saunders v Rockland Bd. of Coop. Educ. Servs., 62 AD3d 1012Michael Saunders was served with disciplinary charges pursuant to §3020 of the Education Law alleging that he allowed a student to be strapped into a restraining chair without cause and striking a student in the jaw and chest.

Processing of an administrative appeal does not toll the running of a statute of limitations

Posted on January 22, 2010
Processing of an administrative appeal does not toll the running of a statute of limitationsMatter of Yolanda Strong v New York City Dept. of Educ., 62 AD3d 592State Supreme Court, New York County, Leland G. DeGrasse, Jr., granted Yolanda Strong?s petition challenging the New York City Department of Education terminating her employment as a probationary per diem substitute teacher...

To access this complete feed in the blog feed reader login or register for free.

Court vacates jury?s determination that employee was laid off because of her political affiliation

Posted on January 22, 2010
Court vacates jury?s determination that employee was laid off because of her political affiliationMiller v County of Nassau, 2009 NY Slip Op 31178(U), May 11, 2009, Supreme Court, New York County, Docket Number: 28936/92, Judge: Ute W. Lally [Not selected for publication in the Official Reports]Roberta Miller was the only Democrat employed by the Nassau County Department of Senior Citizens

Increasing the compensation of the State?s judiciary

Posted on January 22, 2010
Increasing the compensation of the State?s judiciaryLarabee v Governor of the State of New York, 65 AD3d 74Two Family Court Judges, a Civil Court Judge and a Criminal Court Judge, whose salaries are specified in Judiciary Law § 221-e and § 221-g, initiated litigation naming the Governor, the New York State Senate, the State Assembly, and the State of New York as defendants...

Is there is a constitutionally-based right of privacy if employees of a government agency text message while on duty?

Posted on January 22, 2010
Is there is a constitutionally-based right of privacy if employees of a government agency text message while on duty?City of Ontario [California] v. Quon, 08-1332Source: ScotusWiki [The companion site to SCOTUSblog.com]The United States Supreme Court will hear an appeal by the city of Ontario, California, and its police department involving the use hand-held communication devices...

No right to discovery in a disciplinary procedure unless provided by law or specifically provided by the collective bargaining agreement

Posted on January 21, 2010
No right to discovery in a disciplinary procedure unless provided by law or specifically provided by the collective bargaining agreementMatter of Pfau v Public Employment Relations Board, 2010 NY Slip Op 00340, Appellate Division, Third DepartmentThe Public Employment Relations Board (PERB) determined that the Unified Court System (UCS) engaged in an improper practice under the Taylor Law (Civil

Considering criminal conviction in determining qualification of an applicant for employment in the public service

Posted on January 21, 2010
Considering criminal conviction in determining qualification of an applicant for employment in the public serviceMatter of El v New York City Dept. of Educ., 23 Misc 3d 1121(A)Civil Service Law Section 50.4 provides for the disqualification of applicants or eligibles for appointment in the Classified Service and states that: ?The state civil service department and municipal commissions may refuse

Attorney?s letter to witnesses in a grievance proceeding held an attempt to threaten or influence a witness

Posted on January 21, 2010
Attorney?s letter to witnesses in a grievance proceeding held an attempt to threaten or influence a witnessKalyanaram v New York Institute of Technology, 3 AD3d 435After investigating complaints from 37 students alleging that Gurumurthy Kalyanaram, a member the New York Institute of Technology?s faculty had engaged in inappropriate conduct during class, the Institute sent a letter to Kalyanaram

Probationary employee dismissed on the basis of reports indicating a potential violation of the employer?s rules

Posted on January 21, 2010
Probationary employee dismissed on the basis of reports indicating a potential violation of the employer?s rulesMatter of Shabazz v New York State Dept. of Correctional Servs., 63 AD3d 1253The Appellate Division affirmed a judgment of the Supreme dismissing a petition filed by Malik Shabazz seeking a review a determination of Correctional Services? terminating his employment...

Operating a truck with a faulty Qualcomm

Posted on January 21, 2010
Operating a truck with a faulty Qualcomm Source: USDOL/OALJ Reporter; Decisions of the Administrative Review Board December 2009A Qualcomm is a satellite communication device used for recording driver hours involved in operating a truck. With the increasing use of such devices in equipment operated by public employees, the Fabre decision points out an acceptable alternative to recording driver

Judicial review of a university's determination to deny tenure to a faculty member is limited

Posted on January 20, 2010
Judicial review of a university's determination to deny tenure to a faculty member is limitedMatter of Lipsky v New York Inst. of Tech., 2010 NY Slip Op 00261, Appellate Division, Second DepartmentPaul Lipsky was appointed as a tenure-track, assistant professor by the New York Institute of Technology and the terms and conditions of his employment were governed by a collective bargaining agreement

Changing personnel record to indicate a resignation rather than a dismissed for cause not necessarily binding for purposes of unemployment insurance

Posted on January 20, 2010
Changing personnel record to indicate a resignation rather than a dismissed for cause not necessarily binding for purposes of unemployment insuranceMatter of Childs v Commissioner of Labor, 2010 NY Slip Op 00328, Appellate Division, Third Department [see, also, 42 AD3d 620]Marcita G...

Reinstatement following termination pursuant to §73 of the Civil Service Law

Posted on January 20, 2010
Reinstatement following termination pursuant to §73 of the Civil Service LawMatter of Hoover v County of Broome, 23 Misc 3d 1134(A)Keith Hoover sued Broome County, seeking a court order annulling the County?s decision to ?terminate his employment? pursuant to Civil Service Law §73,* and compelling his reinstatement with back salary and employment benefits...

Violation of employer?s rules results in dismissal from the position

Posted on January 20, 2010
Violation of employer?s rules results in dismissal from the positionMatter of Ward v Juettner, 63 AD3d 748The Board of Police Commissioners of the Town of Greenburgh conducted a disciplinary hearing and found Town of Greenburgh police officer Erik Ward guilty of violating "three Rules and Regulations" of the Town of Greenburgh Police Department...

Arbitrating a layoff unit determination by the appointing authority may be prohibited by statute or as a matter of public policy

Posted on January 20, 2010
Arbitrating a layoff unit determination by the appointing authority may be prohibited by statute or as a matter of public policyMatter of Civil Serv. Employees Assn., Inc. v County of Erie, 63 AD3d 1536In the course of a layoff, CSEA complained that Erie County improperly prohibited County employees laid off from various departments from being recalled or "bumped" into equivalent open positions

Providing for the defense and indemnification of employees being sued as a result of the performance, or failure to perform, their official duties

Posted on January 20, 2010
Providing for the defense and indemnification of employees being sued as a result of the performance, or failure to perform, their official dutiesMatter of Matyas v Board of Educ., Chenango Forks Cent. School Dist., 63 AD3d 1273John Matyas was employed as a teacher and coach by the Chenango Forks Central School District...

Appointing authority responsible for determining if an individual is qualified for the appointment

Posted on January 20, 2010
Appointing authority responsible for determining if an individual is qualified for the appointmentAppeal of Dawn And Jay Kippen from action of the Board of Education of the City School District of the City of Rome regarding the employment of a superintendent and application for the removal of Jeffrey P...

Agency Cuts and Other Measures to Streamline Government

Posted on January 20, 2010
Agency Cuts and Other Measures to Streamline GovernmentSource: Office of the New York State GovernorGovernor David A. Paterson has proposed a number of State agency and public authority mergers and consolidations, as well as actions identified by his Office of Taxpayer Accountability, which he is advancing in his 2010-11 Executive Budget to reduce the cost of State government...

Election to negotiate a solution not a substitute for proceeding with the administrative hearing provided by law

Posted on January 19, 2010
Election to negotiate a solution not a substitute for proceeding with the administrative hearing provided by lawMatter of East Lake George House Marina v Lake George Park Commission, 2010 NY Slip Op 00327, decided on January 14, 2010, Appellate Division, Third DepartmentEast Lake George House Marina operated a marina on Lake George in Warren County, New York...

The Governor's Office of Employee Relations designated as the lead agency in barring gender identity in employment by the State

Posted on January 19, 2010
The Governor's Office of Employee Relations designated as the lead agency in barring gender identity in employment by the StateExecutive Order No. 7.33*The Governor's Office of Employee Relations [GOER], in consultation with the Executive Director of the Division of Human Rights, has been charged with promulgating "clear and consistent guidelines prohibiting discrimination based on gender

Inability to demonstrate the possession of a required license permits the summary termination of an incumbent

Posted on January 19, 2010
Inability to demonstrate the possession of a required license permits the summary termination of an incumbentMatter of Cravatta v New York State Dept. of Transp., 23 Misc 3d 1137(A)In this case the court considered the application of the so-called "Felix" procedure [Felix v New York City Dep't of Citywide Administrative Services, 3 NY3d 498] in a situation where the incumbent loses or fails to

Reemployment of retired State and municipal public employees by the State or a political subdivision of the State

Posted on January 19, 2010
Reemployment of retired State and municipal public employees by the State or a political subdivision of the StateNew York State Department of Civil Service - Division of Staffing Services General Information Bulletin No. 09-07Except in cases involving the election to public office and employment in one of the specified position listed in §150, §150 of the Civil Service Law mandates the suspension

Freezing the payment of salary increments does not freeze the crediting of service for the purpose of determining an employee's increment step

Posted on January 19, 2010
Freezing the payment of salary increments does not freeze the crediting of service for the purpose of determining an employee's increment stepMatter of Meegan v Brown, 63 AD3d 1673In response to a State Comptroller's report concerning a fiscal crisis in the City of Buffalo, the State Legislature passed the Buffalo Fiscal Stability Authority Act on July 3, 2003...

Past practice inconsistent with earlier written policy cannot be relied upon to support a unilateral termination or modification of the practice

Posted on January 19, 2010
Past practice inconsistent with earlier written policy cannot be relied upon to support a unilateral termination or modification of the practiceBoard Of Education Of The City School District Of The City Of New York, PERB Decision U-27711Adapted from decision summaries prepared by Public Employment Relations Board staff membersThe Board affirmed a decision by an Administrative Law Judge (ALJ)

Certain information contained in personnel records may be redacted in complying with a Freedom of Information request

Posted on January 19, 2010
Certain information contained in personnel records may be redacted in complying with a Freedom of Information requestMatter of Capital Newspapers Div. of Hearst Corp. v City of Albany, 63 AD3d 1336The Albany Times Union [TU] reporter filed two requests under the Freedom of Information Law (Public Officers Law Article 6) with City of Albany seeking documents, including ?gun tags,? related to the

Filing an administrative appeal challenging an adverse personnel decision does not toll the statute of limitations for filing a lawsuit

Posted on January 18, 2010
Filing an administrative appeal challenging an adverse personnel decision does not toll the statute of limitations for filing a lawsuitSteinberg v Board of Educ. of the City School Dist. of the City of New York, 2010 NY Slip Op 00201, Decided on January 12, 2010, Appellate Division, First DepartmentMatthew Steinberg challenged his termination during his probationary period from his teaching

School board has discretion in determining whether or not to file disciplinary charges against an employee

Posted on January 15, 2010
School board has discretion in determining whether or not to file disciplinary charges against an employeeAppeal of T.D. and K.D., from action of the Board of Education of the City School District of the City of Oswego, et al; Decisions of the Commissioner of Education, Decision No...

State not bound by misinformation provided by a State employee relied upon by the aggrieved individual

Posted on January 15, 2010
State not bound by misinformation provided by a State employee relied upon by the aggrieved individualMatter of Lewandowski v New York State & Local Police & Fire Retirement Sys., 2010 NY Slip Op 00050, decided on January 7, 2010, Appellate Division, Third Department Paul Lewandowski sustained a disabling injury while working as a firefighter...

Previous | Next

Related Law Bulletins

Claim for Concealment of Value of Marital Assets Dismissed in New York
Once a divorce case is settled, parties often experience “buyerï¿½...

Pre-Nuptial Agreements: New York Tolls the Statute of Limitations
The New York legislature has passed a law that clears up what had ...

Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?
I was in the emergency room with my son one evening, and the emerg...

Another Fatal Accident on the New York Bronx River Parkway
November 2007 has been a treacherous month on the Bronx River Park...

New York City Car Crash Kills Woman Who Survived 9/11
Florence Cioffi, a woman who survived 9/11 and was just days from ...