Labor & Employment Law

"Buyer's Remorse" Insufficient to Establish Interference Claim Where Employee Knowingly Elected Not to Exercise FMLA Rights

Posted on March 10, 2009
"Buyer's Remorse" Insufficient to Establish Interference Claim Where Employee Knowingly Elected Not to Exercise FMLA RightsCopyright © 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...

Section 3020-a disciplinary charges filed against Liverpool CSD administrator dismissed by arbitrator

Posted on March 09, 2009
Section 3020-a disciplinary charges filed against Liverpool CSD administrator dismissed by arbitratorSource: Press Release School Administrators Association Of New York State, March 4, 2009The disciplinary charges filed against Liverpool Director of Computer Education and Services Bonnie Ladd have been dismissed in their entirety prior to a single witness testifying...

Proof an enforceable past practice required to support alleged §209-a.1(d) violation

Posted on March 09, 2009
Proof an enforceable past practice required to support alleged §209-a.1(d) violationNorth Colonie Teachers Association, NYSUP/AFT/ NEA/AFT/CIO and North Colonie Central School District, Board decision, U-27717The Board affirmed a decision of an ALJ dismissing an improper practice charge filed by the North Colonie Teachers Association (Association) alleging that the North Colonie Central School District (District) violated §209-a...

Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceeding

Posted on March 09, 2009
Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceedingMatter of Cipriano v Onondaga County Corrections, 2009 NY Slip Op 01559, decided on March 5, 2009, Appellate Division, Third DepartmentOnondaga County Assistant Corrections Commissioner Peter A...

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Establishing a task force on public employee retirement health care benefits

Posted on March 07, 2009
Establishing a task force on public employee retirement health care benefitsExecutive Order 7.15Executive Order 7.15 establishing a task force to study health insurance for State and municipal employees upon retirement, provides as follows:WHEREAS, it is in the interest of all New Yorkers that the State and local governments provide retirees receiving health care benefits with quality and affordable health care; andWHEREAS, many retirees have expressed concern that their health benefits will be singled out for reduction during difficult fiscal times; andWHEREAS, health care costs have consistently grown faster than the rate of inflation in recent years, straining the finances of public employers; andWHEREAS, Government Accounting Standards Bulletin (GASB) 45 requires greater disclosure on public entities? financial statements of the their future health care liabilities to retired employees, and failure to properly account for these liabilities could potentially impact the State?s or localities? financial rating; andWHEREAS, there is a need for a dispassionate and informed study of this issue, which will allow for compilation of relevant background information; sharing of viewpoints between interested parties; exploration and evaluation of possible reform proposals; and efforts to reach consensus and make recommendations on relevant issues...

New York State Task Force on Public Retiree Health Benefits created by Executive Order of the Governor

Posted on March 06, 2009
New York State Task Force on Public Retiree Health Benefits created by Executive Order of the GovernorExecutive Order 7.15Governor David A. Paterson issued an Executive Order, Executive Order 7.15,* establishing the New York State Task Force on Public Retiree Health Benefits...

Nebraska Supreme court holds state trooper can be discharged based upon his off duty association with the KKK

Posted on March 06, 2009
Nebraska Supreme court holds state trooper can be discharged based upon his off duty association with the KKKSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq...

Employee organization may elect not to act provided its decision is not improperly motivated

Posted on March 06, 2009
Employee organization may elect not to act provided its decision is not improperly motivatedDaniel Farrey And District Council 37, AFSCME, AFL-CIO, Decisions of the Board, PERB U-27677The Public Employment Relations Board affirmed the decision of an ALJ dismissing a duty of fair representation charge filed by Daniel Farrey (Farrey) against District Council 37 (DC 37) with respect to negotiated provisions of an agreement relating to the federal Fair Labor Standards Act (FLSA)...

A village board is not bound absent its adoption of a resolution providing for the benefit claimed to have agreed upon orally

Posted on March 05, 2009

An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the action

Posted on March 05, 2009

Employer did not show electronic signature on arbitration pact was valid

Posted on March 05, 2009

The custodian of the records has the burden of proving that information it withheld in responding to a FOIL request is within a FOIL exemption

Posted on March 04, 2009

Failure to agree to a union?s demand, without more, does not constitute bad faith

Posted on March 04, 2009

Webinar on new COBRA amendments offered by Jackson Lewis Partner Joseph Lazzarotti

Posted on March 04, 2009

Automatic removal of a public officer upon conviction of a crime

Posted on March 03, 2009

Ability to pass hearing test without the assistance of a hearing aid found a business necessity for the purpose of qualifying for a security position

Posted on March 03, 2009

Employee polygraph protection act prohibits mandatory arbitration

Posted on March 03, 2009

Unilateral creation of a new shift for certain employees in the bargaining unit

Posted on March 02, 2009

Arbitrator finds employee guilty of disciplinary charges filed against him; offers employer a choice of penalties to be imposed

Posted on March 02, 2009

Employee must show a causal relationship between injury and employment to be eligible for workers? compensation benefitsMatter

Posted on March 02, 2009

Legal Aspects of Firearms Restrictions - Part One: Management's Right to Restrict or Forbid a Law Enforcement Officer from Carrying Firearms

Posted on March 02, 2009

New York State?s Emergency Alert Service

Posted on March 01, 2009

Twenty-day statute of limitations for filing an appeal with the Unemployment Insurance Board strictly construed

Posted on February 27, 2009

Eligibility for Workers? Compensation benefits depends on whether a work related injury was the reason why an individual retired

Posted on February 27, 2009

After recommending termination, hearing officer suggests that under the circumstances, the appointing authority could impose a lesser penalty

Posted on February 27, 2009

A ?general release? of liability for an injury is not sufficient to insulate a governmental agency from liability resulting from its own negligence

Posted on February 26, 2009
A ?general release? of liability for an injury is not sufficient to insulate a governmental agency from liability resulting from its own negligenceRigney v Ichabod Crane Cent. School Dist., 2009 NY Slip Op 01274, Decided on February 19, 2009, Appellate Division, Third DepartmentIt is quite common for a State or municipal entity to require that individuals using its facilities sign a waiver releasing it from liability in the event the individual suffers an injury while on the premises or while participating in an activity at the facility...

PERB Administrative Law Judges consider the negotiability of demands to establish procedures concerning GML Section 207-c benefits

Posted on February 26, 2009
PERB Administrative Law Judges consider the negotiability of demands to establish procedures concerning GML Section 207-c benefitsCity Of Middletown and City of Middletown Police Benevolent Association, Improper Practice Petition U-27423 [by ALJ Fitzgerald]Port Washington Police District and Port Washington Police Benevolent Association, Inc...

Concerning the removal and appointment of an individual to the position of Election Commissioner by a county legislature

Posted on February 26, 2009
Concerning the removal and appointment of an individual to the position of Election Commissioner by a county legislatureMatter of Wood v County of Cortland, 2009 NY Slip Op 29069, Decided on February 18, 2009, Supreme Court, Cortland CountyThe general rule is that the power to appoint implies the power to remove...

Changing the job description of a position to include new or additional duties must satisfy a ?rational basis? test to survive judicial scrutiny

Posted on February 25, 2009
Changing the job description of a position to include new or additional duties must satisfy a ?rational basis? test to survive judicial scrutinyMatter of Criscolo v Vagianelis, 2009 NY Slip Op 01319, Decided on February 24, 2009, Court of AppealsThe NYS Department of Correctional Services provides for three levels of administrative hearings to consider ?inmate misbehavior reports...

Termination recommended for two correction officers found guilty of using excessive force on an inmate

Posted on February 25, 2009
Termination recommended for two correction officers found guilty of using excessive force on an inmateDept. of Corrections v Rodney Williams and Alexander Williams,* OATH Index Nos. 2215/08 and 2216/08Administrative Law Judge John B. Spooner found two correction officers searched an inmate's cell without authorization and that one of the officers used impermissible force against the inmate...

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