New York Public Personnel Law: Labor & Employment Law

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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.

Post Frequency: 10.2/day

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

Smith, Hodges, Stabile and Gely Principals of Employment Law

Posted on April 03, 2009
Smith, Hodges, Stabile and Gely Principals of Employment LawSource: 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...

EEO/iNews

Posted on April 03, 2009
EEO/iNewsSource: iNews Related to Equal Employment Opportunity - © 2009 John D. Sargent All Rights Reserved - Thursday, April 2, 2009EEO/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...

Public officer entitled to compensation despite his or her failure to file his or her oath of office

Posted on April 02, 2009
Public officer entitled to compensation despite his or her failure to file his or her oath of officeWhitman v City of Troy, 3 Misc 3d 794, Justice George B. Ceresia, Jr.Cases in which the failure of a public officer to file his or her oath of office in a timely manner is an issue are somewhat rare...

Positions recently designated managerial or confidential for the purposes of the Taylor Law

Posted on April 02, 2009
Positions recently designated managerial or confidential for the purposes of the Taylor Law*Decisions by PERB's Office of Public Employment Practices and RepresentationSachem Central School District And United Public Service Employees Union: Cynthia Carvajal, Senior Account Clerk Typist, Carol Burns, Senior Stenographer, and Barbara Waidler, Secretary to the Superintendent, were designated as confidential based on evidence that their duties and responsibilities satisfied the criteria enumerated in §201...

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Suspension without pay recommended for employee found guilty of using inappropriate speech

Posted on April 02, 2009
Suspension without pay recommended for employee found guilty of using inappropriate speechHealth & Hospitals Corp. (Elmhurst Hospital Center) v. McKenzie, OATH Index No. 1239/09OATH Administrative Law Judge Kara Miller recommended a 60-day suspension for a custodial assistant, Nukrue McKenzie, employed at the Elmhurst Hospital Center of the NYC Health and Hospitals Corporation...

Public officer entitled to compensation despite his or her failure to file his or her oath of office

Positions recently designated managerial or confidential for the purposes of the Taylor Law

Suspension without pay recommended for employee found guilty of using inappropriate speech

Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with ?actual malice?

Posted on April 01, 2009
Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with ?actual malice?Shulman v Hunderfund, 2009 NY Slip Op 02263, Decided on March 26, 2009, Court of AppealsIn the words of Justice Smith, ?In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co...

Dismissal after testing positive in random drug test later declared inoperative by the Appellate Division ruled lawful

Posted on April 01, 2009
Dismissal after testing positive in random drug test later declared inoperative by the Appellate Division ruled lawfulMatter of Goldin v Kelly, 2009 NY Slip Op 30646(U), March 11, 2009, Supreme Court, New York County Docket Number: 109751/08, Judge: Eileen A...

Principal Must Teach After Probationary Period Expiration To Obtain Tenure By Estoppel

Posted on April 01, 2009
Principal Must Teach After Probationary Period Expiration To Obtain Tenure By EstoppelSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Lawsuit for libel brought against public official turns on whether the statements objected to were uttered with ?actual malice?

Dismissal after testing positive in random drug test later declared inoperative by the Appellate Division ruled lawful

Principal Must Teach After Probationary Period Expiration To Obtain Tenure By Estoppel

Absent damages, technical violations of the FMLA do not support recovery

Posted on March 31, 2009
Absent damages, technical violations of the FMLA do not support recoverySource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation...

Please note that from time to time

Posted on March 31, 2009
Please note that from time to time a political ad or endorsement may appear in the sidebar of this Blog concerning a special election for Member of the House of Representatives.We do not have any control over this posting and neither support nor oppose the candidate's election to this office.

Basis for vacating or modifying an arbitrator?s disciplinary arbitration award limited

Posted on March 31, 2009
Basis for vacating or modifying an arbitrator?s disciplinary arbitration award limitedMatter of Board of Educ. of William Floyd Union Free School Dist. v Lemay, 2009 NY Slip Op 02358, Decided on March 24, 2009, Appellate Division, Second DepartmentThe William Floyd Union Free School District attempted to vacate an arbitrator?s award promulgated pursuant to Section 3020-a(5) of the Education Law...

Special Grand Jury?s report ordered sealed after public officer who was the target of the investigation resigned from public office

Posted on March 31, 2009
Special Grand Jury?s report ordered sealed after public officer who was the target of the investigation resigned from public officeMatter of Seventh Report of Seneca County Special Grand Jury of Jan. 2007, 2009 NY Slip Op 02398, Decided on March 27, 2009, Appellate Division, Fourth DepartmentSeneca County Court Justice Dennis F...

State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against her

Posted on March 30, 2009
State Division of Human Rights lacks jurisdiction to consider school board member?s charge that the school board unlawfully discriminated against herAppeal of Antoinette A. Huffine from action of the Board of Education of the South Country Central School District regarding a discrimination complaint, Decisions of the Commissioner of Education, Decision No...

Legal Aspects of Firearms Restrictions

Posted on March 30, 2009
Legal Aspects of Firearms RestrictionsSource: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEIn February 2009 AELE published Part One - Management?s Right to Restrict or Forbid an Officer from Carrying Firearms...

Terminated employees challenge City?s requirement that employees be domiciled within its jurisdication

Posted on March 30, 2009
Terminated employees challenge City?s requirement that employees be domiciled within its jurisdicationMatter of Ball v City of Syracuse, 2009 NY Slip Op 02039, Decided on March 20, 2009, Appellate Division, Fourth DepartmentThe significant issue Ball case is the legal distinction between an individual?s domicile and his or her residence...

Letter to file not an adverse employment action under Title VII

Posted on March 27, 2009
Letter to file not an adverse employment action 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...

DOL Issues Model COBRA Subsidy Notices and Forms

Posted on March 27, 2009
DOL Issues Model COBRA Subsidy Notices and FormsSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved.The United States Department of Labor (?DOL?) today posted on its website model notices and application forms to be used by employer-sponsored health plans and individuals electing COBRA in connection with the American Recovery and Reinvestment Act of 2009 (?ARRA?) COBRA premium subsidy...

Retaliation against public employees:

Posted on March 27, 2009
Retaliation against public employees: conquering the time lagSource: Wait a Second! Reproduced with permission. © Bergstein & Ullrich, 2009, http://www.tbulaw.com/ All rights reserved.In order to win a retaliation case, you have to show that the defendant engaged in an adverse employment action at least a few months after you engaged in the protected activity...

Retaliation against public employees: conquering the time lag

Retrenchment 101 ? basics concerning the layoff of employees from positions in the public service of the State and its political subdivisions

Posted on March 26, 2009
Retrenchment 101 ? basics concerning the layoff of employees from positions in the public service of the State and its political subdivisionsN.B. The following is a basic and limited overview of the often complex laws, rules and regulations, and court rulings, that must be considered and applied in a layoff situation...

Governor Paterson announces comprehensive response to Inspector General?s report on the manipulation of the civil service system

Posted on March 25, 2009
Governor Paterson announces comprehensive response to Inspector General?s report on the manipulation of the civil service systemSource: Executive Chamber Press OfficeGovernor David A. Paterson announced a comprehensive State response to address serious violations of the public trust in the civil service system that were outlined in a report released on March 24, 2009 by Inspector General (IG) Joseph Fisch...

The 2009 Federal Stimulus; Labor And Employment Law

Posted on March 25, 2009
The 2009 Federal Stimulus; Labor And Employment LawSource: 33 Rutgers Law Rec. 1 (2009)Mitchell H. Rubinstein, Esq., author of the well-respected BLAWG Adjunct Law Professor, is a resource for information concerning labor and related law and is frequently cited in NYPPL...

City not subject to tort liability

Posted on March 24, 2009
City not subject to tort liability for injury resulting from a discretionary decision involving the exercise of reasoned judgmentHeckel v City of New York, 2009 NY Slip Op 01949, Decided on March 17, 2009, Appellate Division, Second DepartmentGlenn Heckel, an employee of the New York City Department of Sanitation was injured when, while placing a piece of cardboard into the smaller of two compartments of the truck being used for collection, his hand became caught under a "hopper blade...

Commissioner of Education asked to void collective bargaining agreement between school district and an employee organization

Posted on March 24, 2009
Commissioner of Education asked to void collective bargaining agreement between school district and an employee organizationAppeal of Theresa Budich, from actions of the Board of Education of the Monroe-Woodbury Central School District relating to the ratification of a collective bargaining agreement, and application for the removal of Michael DiGeronimo as a member of the board...

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