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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.

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

EEO/iNews from the United States Supreme Court - Thursday, May 14, 2009

Posted on May 16, 2009
EEO/iNews from the United States Supreme Court - Thursday, May 14, 2009Source: iNews © 2009 John D. Sargent, All Rights Reserved _____________________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

The Discipline Book A Concise Guide

Posted on May 16, 2009
The Discipline Book A Concise Guide to Disciplinein theNew York State Public Service 559 pagesNow available as a softcover book or as a searchable electronic bookThe Discipline Book is a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees employed by New York State and its political subdivisions under the State's Civil Service Law, the Education Law and disciplinary grievance procedures negotiated pursuant to the Taylor Law...

Employee terminated after losing the license required to perform the duties of the position

Posted on May 15, 2009
Employee terminated after losing the license required to perform the duties of the positionMatter of New York State Off. of Children & Family Servs. v Lanterman, 2009 NY Slip Op 03808, Decided on May 14, 2009, Decided on May 14, 2009The most significant issue in the Lanterman case concerned the result if the individual does not hold the license, certification, permit or other credential required to perform the duties of the position for which the credential is required...

An attorney?s advice sent by one layperson to another layperson not an attorney-client communication subject to a FOIL exception

Posted on May 15, 2009
An attorney?s advice sent by one layperson to another layperson not an attorney-client communication subject to a FOIL exceptionMatter of Siani v Clark, 2009 NY Slip Op 50906(U), Decided on April 15, 2009, Supreme Court, Albany County, Justice Henry F...

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Sarbanes-Oxley determination precludes later discrimination lawsuit involving same facts

Posted on May 15, 2009
Sarbanes-Oxley determination precludes later discrimination lawsuit involving same factsSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved...

Using a global positioning device to track the location of individuals while at work

Posted on May 14, 2009
Using a global positioning device to track the location of individuals while at workPeople v Weaver, 2009 NY Slip Op 03762, Decided on May 12, 2009, Court of AppealsA number disciplinary actions taken against employees were initiated by, or relied upon, the use of global positioning equipment installed in the employer?s vehicle or in the employer-issued cell phone...

Approval of a plaintiff?s request that the federal district court dismiss his or her then pending lawsuit may bar later reinstating the action

Posted on May 13, 2009
Approval of a plaintiff?s request that the federal district court dismiss his or her then pending lawsuit may bar later reinstating the action Perry v Commonwealth Of Pennsylvania and Pennsylvania State Police, Ca3, Docket #08-2884Bonita Perry appealed from an order of the District Court for the Western District of Pennsylvania denying her motion to reopen her case alleging claims against the Commonwealth of Pennsylvania (?Commonwealth?) under the Americans With Disabilities Act (?ADA?) and the Rehabilitation Act of 1973 in federal court...

Probationary teacher dismissed for an alleged inappropriate sexual relationship with a student

Posted on May 13, 2009
Probationary teacher dismissed for an alleged inappropriate sexual relationship with a studentBlack v New York City Dept. of Educ., 2009 NY Slip Op 03768, decided on May 12, 2009, Appellate Division, First DepartmentThe Chancellor of the New York City Department of Education gave probationary teacher Thomas Black an unsatisfactory rating, terminated his ?physical education? license and place his name on the Department's Ineligible/Inquiry list...

Public benefit corporations are subject to the Open Meetings Law and the Freedom of Information Law as long as they remain public benefit corporations

Posted on May 12, 2009
Public benefit corporations are subject to the Open Meetings Law and the Freedom of Information Law as long as they remain public benefit corporationsMatter of Reese v Daines, 2009 NY Slip Op 03569, decided on May 1, 2009, Appellate Division, Fourth DepartmentEllen Reese and a number of others filed a petition in Supreme Court seeking to compel Western New York Health Systems, Inc...

?Has the employee been treated less well than other employees because of his or her gender? test applied by OATH Administrative Law Judge

Posted on May 12, 2009
?Has the employee been treated less well than other employees because of his or her gender? test applied by OATH Administrative Law JudgeCommission on Human Rights ex rel. Zoleo v Weinstein Family Services of NY, OATH Index No. 623/09In 2005, the City Council passed the Local Civil Rights Restoration Act, which provides that the City Human Rights law shall be liberally construed "regardless of whether federal or New York State civil and human rights laws ? have been so construed...

Rejection of an applicant for employment or license because of his or her conviction of a crime

Posted on May 11, 2009
Rejection of an applicant for employment or license because of his or her conviction of a crimeMatter of Acosta v New York City Dept. of Educ., 2009 NY Slip Op 03667, decided on May 7, 2009, Appellate Division, First DepartmentThe Acosta decision explains that where a prospective employer rejects an applicant for employment because of that individual?s conviction of a crime, the employer must show that such conviction is relevant to the duties of the position or poses an unreasonable danger to clients, co-workers or the public...

Private security firm and City are joint employers under Title VII

Posted on May 11, 2009
Private security firm and City are joint employers under Title VIISource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

An appointing authority may, during collective bargaining, lawfully agree to limit its right to discharge a probationary teacher during probation

Posted on May 08, 2009
An appointing authority may, during collective bargaining, lawfully agree to limit its right to discharge a probationary teacher during probationMatter of Hampton Bays Union Free School Dist. v Public Empl. Relations Bd., 2009 NY Slip Op 03656, Decided on May 7, 2009, Appellate Division, Third DepartmentThe Hampton Bays Teachers' Association filed an improper practice charge against the school district pursuant to Civil Service Law § 209-a (1) (a) and (d) after the district refused to furnish documentation underlying its termination of a probationary physical education teacher before her probationary period expired...

Arbitrator may award attorney and arbitrator notwithstanding a provision that each party is to bear its own expenses

Posted on May 08, 2009
Arbitrator may award attorney and arbitrator fees notwithstanding an arbitration provision that each party is to bear its own expensesReliaStar Life Insurance Co. v EMC National Life Company,* USCA, 2nd Circuit, Docket No. 07-0828-cvA typical provision in an agreement to arbitrate a dispute provides that in the event a dispute is submitted to arbitration, ?each will bear the expenses of its own arbitrator and its own attorneys? ? the so-called American Rule...

The First Amendment?s protection does not apply in all situations involving an employee?s refusal to submit to a polygraph test

Posted on May 08, 2009
The First Amendment?s protection does not apply in all situations involving an employee?s refusal to submit to a polygraph testLuty v City of Saginaw, #07-2035, 2009 U.S. App. Lexis 2674 (Unpub. 6th Cir.)Source: AELE Law Enforcement Legal Center, http://www...

Employee found guilty of disciplinary charges involving absence from work based on records generated by global positioning equipment

Posted on May 07, 2009
Employee found guilty of disciplinary charges involving absence from work based on records generated by global positioning equipmentMatter of Halpin v Klein, 2009 NY Slip Op 03593, Decided on May 5, 2009, Appellate Division, First Department*Joel I. Klein, Chancellor of the New York City Department of Education, terminated John Halpin?s employment with the Department after finding Halpin guilty of having left work early on 63 occasions over a four-month period and having submitted falsified time cards for his work on those dates...

Reopening an appeal following the

Posted on May 07, 2009
Reopening an appeal following the promulgation of a decision by the Commissioner of EducationMatter of Rocco N. Lanzilotta and Westbury Union Free School District, Decisions of the Commissioner of Education, Decision 15,911Section 276.8 [8 NYCRR 276.8] of the Commissioner?s regulations provides for the reopening of an appeal previously decided by the Commissioner under certain conditions and circumstances...

State Pension Fund seeks damages and reimbursement of fees from Aldus Equity partners and its principals

Posted on May 07, 2009
State Pension Fund seeks damages and reimbursement of fees from Aldus Equity partners and its principalsSource: Office of the State ComptrollerOn May 6, 2009, New York State Comptroller Thomas P. DiNapoli announced that, as Sole Trustee of the New York State Common Retirement Fund, frequently referred to as The New York State Public Employees? Retirement System or ERS, he had filed a lawsuit against Aldus Equity Partners LP, its principals, and others for wrongful conduct, including various acts of fraud, bribery, breach of contract, and conspiracy...

Employee dismissed following a disciplinary fails to allege sufficient facts the disciplinary action was initiated in retaliation

Posted on May 06, 2009
Employee dismissed following a disciplinary fails to allege sufficient facts the disciplinary action was initiated in retaliation for his suing the employerMatter of Chiara v Wells, 2009 NY Slip Op 03516, Decided on April 28, 2009, Appellate Division, Second DepartmentIn a separate action involving the same parties, Jeffrey Chiara sued the Town of New Castle to recover damages for alleged unlawful discrimination, disparate treatment, and hostile work environment...

Medical provider may have abused the New York State Health Insurance Program

Posted on May 06, 2009
Medical provider may have abused the New York State Health Insurance ProgramSource: Office of the State ComptrollerAn audit report released May 5, 2009 by State Comptroller Thomas P. DiNapoli alleges that a Nassau County ?non-participating? medical practice took in an extra $787,134 in payments by routinely waiving the required out-of-pocket costs for services provided to employees and retirees, and their dependents, having health insurance coverage under the "Empire Plan" of New York State's Health Insurance Program (NYSHIP)...

Treatment during house calls by a healthcare provider are not covered by the FMLA -- 6th Circuit Court of Appeals

Posted on May 06, 2009
Treatment during house calls by a healthcare provider are not covered by the FMLA -- 6th Circuit Court of AppealsSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

EEO/iNews - Articles/Reports/Books

Posted on May 06, 2009
EEO/iNews - Articles/Reports/BooksiNews Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent, All Rights Reserved_______________________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

Employee terminated after accessing Facebook from her a home after claiming to be too ill to use a computer at work

Posted on May 05, 2009
Employee terminated after accessing Facebook from her a home after claiming to be too ill to use a computer at workSource: BBC World News, April 25, 2009Employee surveillance using the employer?s on-site security cameras is becoming an important issue in terms of employee privacy and the expectation of employees to privacy at the worksite...

Contract grievance procedures must be exhausted before a grievance is ripe for consideration by the courts

Posted on May 05, 2009
Contract grievance procedures must be exhausted before a grievance is ripe for consideration by the courtsMatter of Julicher v Town of Tonawanda, 2009 NY Slip Op 03273, Decided on April 24, 2009, Appellate Division, Fourth DepartmentDismissed from his position, Joseph J...

Medical interns eligible for student exemption from FICA tax

Posted on May 05, 2009
Medical interns eligible for student exemption from FICA taxSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

At-will employee not entitled to a pre-termination hearing

Posted on May 04, 2009
At-will employee not entitled to a pre-termination hearingMatter of Dorsey v Herkimer County Community Coll., 2009 NY Slip Op 03262, decided on April 24, 2009, Appellate Division, Fourth DepartmentJanet Evelyn Dorsey was employed by the Herkimer County Community College in a series of annual and biyearly appointments did not have a permanent or tenure status with the College...

Administrative disciplinary decision finding employee guilty must be affirmed if supported by substantial evidence

Posted on May 04, 2009
Administrative disciplinary decision finding employee guilty must be affirmed if supported by substantial evidenceMatter of DeNardo v Board of Educ. of Mamaroneck Union Free School Dist., 2009 NY Slip Op 03169, decided on April 21, 2009, Appellate Division, Second DepartmentBoard of Education of the Mamaroneck Union Free School District served Valerie DeNardo with disciplinary charges pursuant to §75 of the Civil Service Law...

Court annuls Commissioner of Human Rights determination because it lacked substantial evidence to support a finding of unlawful discrimination

Posted on May 04, 2009
Court annuls Commissioner of Human Rights' determination because it lacked substantial evidence to support a finding of unlawful discriminationMatter of Suffolk County Community Coll. v New York State Div. of Human Rights, 2009 NY Slip Op 03184, Decided on April 21, 2009, Appellate Division, Second DepartmentThe Commissioner of the New York State Division of Human found Suffolk County Community College had engaged in unlawful racially discriminatory practices against one of its employees and retaliated against him...

Lack of evidence of a connection to a protected activity defeats improper practice claim

Posted on May 01, 2009
Lack of evidence of a connection to a protected activity defeats improper practice claimRonald Grassel and Board of Education of The City School District of The City of New York, PERB Decision U-27502, 9/24/08The Board Public Employment Relations Board affirmed a decision of an ALJ dismissing a charge filed by Ronald Grassel alleging that the Board of Education had violated §209-a...

News Related to Equal Employment Opportunity

Posted on May 01, 2009
EEO/iNews = News Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent, All Rights Reserved__________________________________________EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

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