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

Jurisdiction has the authority to set licensing requirements as part of the qualification for appointment to a position

Posted on November 18, 2010
Jurisdiction has the authority to set licensing requirements as part of the qualification for appointment to a positionNew York State Socy. of Professional Engrs., Inc. v City of New York, 2010 NY Slip Op 08352, Decided on November 16, 2010, Appellate Division, First DepartmentPrior to September 3, 2008, the New York City Charter required that the Commissioner of Buildings had to be a licensed professional engineer or registered architect...

Employee dismissed for altering the value of his paycheck

Posted on November 18, 2010
Employee dismissed for altering the value of his paycheckLocal 375 v NYC Health & Hospital Corp., 257 AD2d 530Jose Hernandez was charged with changing a ?3? on his pay check into an ?8,? ?significantly enhancing the putative value of the check.? Hernandez explained that the change was caused by his inadvertent ?doodling...

Changing the scheduled number of hours that employees are to work during the workweek

Posted on November 18, 2010
Changing the scheduled number of hours that employees are to work during the workweekMitchell v LaBarge, 257 AD2d 834Ann M. Mitchell and other employees and former employees sued the Town of Ulster when it unilaterally changed their workweek from 30 hours to 35 hours, contending that the town?s action violated the federal Fair Labor Standards Act...

School employee employed in a classified service position may not appeal adverse disciplinary decision to the Commissioner of Education

Posted on November 18, 2010
School employee employed in a classified service position may not appeal adverse disciplinary decision to the Commissioner of EducationGuadagnino v Lancaster CSD, CEd 14080The Lancaster Central School District filed disciplinary charges against Anthony P...

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

Comptroller may subpoena employee?s medical records in reviewing employer-initiated application for disability retirement

Posted on November 18, 2010
Comptroller may subpoena employee?s medical records in reviewing employer-initiated application for disability retirementBurns v NY State and Local Police and Fire Retirement Systems, 258 AD2d 692Town of Clarkstown police officer Robert Burns was granted Section 207-c benefits after suffering a work-related injury in May 1993...

Employee may be disciplined for excessive absence from work

Posted on November 18, 2010
Employee may be disciplined for excessive absence from workGradel v Sullivan Co. Public Works, 257 AD2d 972May an individual who has been authorized to take time off from work be disciplined for ?excessive absence? based on an accumulation of ?authorized? absences? The Gradel case involved Section 75 disciplinary charges that were filed against Len Gradel, a Sullivan County sanitation worker...

Court hearing not available when claims that the appointing authority acted in bad faith are ?conclusory and speculative?

Posted on November 17, 2010
Court hearing not available when claims that the appointing authority acted in bad faith are ?conclusory and speculative?Matter of Swindell v Antonelli, 2010 NY Slip Op 08346, Decided on November 16, 2010, Appellate Division, First DepartmentTajiri Swindell, an employee of the NYC Department of Corrections, was on the promotion list for Captain...

Advancement to a higher level position not always a promotion entitling employee to a leave of absence from his or her former position

Posted on November 17, 2010
Advancement to a higher level position not always a promotion entitling employee to a leave of absence from his or her former positionBethel v McGrath-McKechnie, 258 AD2d 316, Reversed, 95 NY2d 7If an employee is promoted to a position in which he or she is required to serve a probationary period, the individual is given a leave of absence from his or her former position and is to be restored to that position if he or she fails the probationary period (Section 63...

Negotiated drug testing policy may waive an employee?s right to a Section 75 disciplinary hearing

Posted on November 17, 2010
Negotiated drug testing policy may waive an employee?s right to a Section 75 disciplinary hearingGary Grippo v John P. Martin, 257 AD2d 952After negotiations with union representatives, the Town of Glenville adopted a drug and alcohol policy in December 1995...

Negotiations during decertification action

Posted on November 17, 2010
Negotiations during decertification actionAdvisory Opinion of Counsel 32 PERB 5002* Sometimes the time becomes ripe for collective bargaining while a decertification petition is pending final determination. May the employer commence negotiations with a representative of a unit of public employees while the representation challenge concerning that unit is still pending?PERB?s Counsel noted that in Matter of Rockland County, 10 PERB 3098, PERB held that ?a public employer is not compelled to, and may not, negotiate with the incumbent employee organization while a bona fide question concerning representation is pending...

Staying a grievance arbitration

Posted on November 17, 2010
Staying a grievance arbitrationNewfield CSD v Newfield Teachers Asso., 258 AD2d 845, motion to appeal denied, 93 NY2d 809Newfield Central School District subcontracted with BOCES to staff various positions. In July 1997, the Newfield Central School Teachers Association filed a grievance alleging that the district had violated its collective bargaining agreement with the teachers association...

Employee terminated following loss of a license required to perform the duties of the position

Posted on November 17, 2010
Employee terminated following loss of a license required to perform the duties of the positionLytle v U.S. Postal Service, 257 AD2d 779One of the conditions of Christopher M. Lytle?s employment by the United States Postal Service was that he posses a valid driver?s license so that he could perform his postal duties...

Website established for those interested in joining the Cuomo-Duffy administration

Posted on November 17, 2010
Website established for those interested in joining the Cuomo-Duffy administration Source: Cuomo-Duffy Transition CommitteeInterested in joining the Cuomo-Duffy administration?There is a website where those interested in positions in the Cuomo-Duffy administration may submit their resumes for consideration electronically...

Any expansion of benefits available pursuant to ��207-a and 207-c must be expressly provided for in a collective bargaining agreement

Posted on November 16, 2010
Any expansion of benefits available pursuant to ��207-a and 207-c must be expressly provided for in a collective bargaining agreementMatter of Town of Tuxedo v Town of Tuxedo Police Benevolent Assn., 2010 NY Slip Op 08122, decided on November 9, 2010, Appellate Division, Second DepartmentOn December 4, 2004, Town of Tuxedo Police Officer John Tamburello was injured in the line of duty...

Disciplinary suspension without pay tolled while individual incarcerated

Posted on November 16, 2010
Disciplinary suspension without pay tolled while individual incarceratedManning v Warsaw CSD, CEd 14071The Warsaw Central School District served disciplinary charges against a tenured teacher, William Manning, Jr., related to his alleged operating a motor vehicle under the influence of alcohol...

Payment for vacation credits upon resignation

Posted on November 16, 2010
Payment for vacation credits upon resignationKarp v North Country Community College, 258 AD2d 775After 15 years of service, Robert Karp resigned from his position with the North Country Community College in 1997. When the college refused to pay him for accrued vacation credits he claimed he accrued between 1982 and 1985, he sued...

Educator terminated before the end of the probationary period

Posted on November 16, 2010
Educator terminated before the end of the probationary periodStrax v Rockland County BOCES, 257 AD2d 578The Rockland County Board of Cooperative Educational Services dismissed Carol Strax, a probationary administrative assistant, from her position. Strax sued, seeking a court order reinstating her to the position...

Employee terminated after refusing to work overtime

Posted on November 16, 2010
Employee terminated after refusing to work overtimeMack v Comm. of Labor, 257 AD2d 828One of the requirements of toll collector Tijuana R. Mack?s employment was that she occasionally was needed to work overtime before or after her regular shift. However, she declined to accept a number of overtime assignments and was given a number of written warnings...

Unemployment insurance benefit adjusted to reflect retirement allowance

Posted on November 16, 2010
Unemployment insurance benefit adjusted to reflect retirement allowanceLicciardello v Comm. of Labor, 255 AD2d 850Marie Licciardello left her teaching position with the City of New York. She later began to receive payments from her pension fund at the rate of $250 per week...

Determining if a demand for arbitration was timely filed

Posted on November 15, 2010
Determining if a demand for arbitration was timely filedMatter of Town of N. Hempstead v Civil Serv. Employees Assn., Inc., 2010 NY Slip Op 08121, decided on November 9, 2010, Appellate Division, Second DepartmentTwo days after the Town of North Hempstead terminated the employment of an employee CSEA advised the Town that it intended to proceed to arbitration...

Hearsay evidence may be the basis for an administrative disciplinary determination

Posted on November 15, 2010
Hearsay evidence may be the basis for an administrative disciplinary determinationMatter of Hughes v New York State Unified Ct. Sys., Off. of Ct. Admin., 2010 NY Slip Op 07932, Decided on November 3, 2010, Appellate Division, Second DepartmentThomas Hughes, an Office of Court Administration [OCA] court officer, was served with disciplinary charges alleging, among other offenses, failing to keep his uniform in proper condition, failing to keep his weapon properly loaded, and keeping an impermissible metal-jacketed round in his weapon...

Termination during probation

Posted on November 15, 2010
Termination during probationRigney v Nassau Co. CSC, NYS Supreme Court, [Not selected for publication in the Official Reports]The Rigney decision illustrates that individuals who complain that their employer acted in bad faith in terminating them prior to the end of their probationary periods must demonstrate that their probationary performance was otherwise satisfactory in order to prevail...

A public employer may discipline an employee for refusing to support employer?s change in its operation

Posted on November 15, 2010
A public employer may discipline an employee for refusing to support employer?s change in its operationLewis v Cowen,165 F.3d 154J. Blaine Lewis, head of Connecticut?s lottery, was fired for refusing to publicly support a change in the lottery?s operations...

Employee has the burden of showing the abolishment of his or her position was not made in good faith

Posted on November 15, 2010
Employee has the burden of showing the abolishment of his or her position was not made in good faithBelvey v Tioga County, 257 AD2d 967 In January 1998 the Tioga County legislature abolished its position of Director of Data Processing and, implementing recommendations by both a private consultant and the Governor?s Task Force on Information Resource Management regarding future data processing needs for the county, created a new position -- Director, Division of Information Technology and Communication Services...

Retirement benefits based on only an employee?s regular salary and termination pay or other compensation paid in anticipation of retirement excluded

Posted on November 15, 2010
Retirement benefits based on only an employee?s regular salary and termination pay or other compensation paid in anticipation of retirement excludedDavies v NYS LPFRS, 259 AD2d 912, motion for leave to appeal denied, 93 NY2d 810A Taylor Law contract negotiated by the City of Corning and its police officers allowed unit members to elect to participate in a ?senior officer? program...

Settlement of disciplinary arbitration must be in writing to be enforced by a court

Posted on November 15, 2010
Settlement of disciplinary arbitration must be in writing to be enforced by a courtMarpe v Dometsch, 256 AD2d 914Sometimes the parties to a grievance or disciplinary proceeding agree to ?settle? the matter. The terms of the settlement may be read into the record at an administrative hearing or before an arbitrator or the parties may simply ?sign an agreement of settlement...

Educator?s assignments must be consistent with tenure area of the position in which he or she is employed

Posted on November 15, 2010
Educator?s assignments must be consistent with tenure area of the position in which he or she is employedBanschback v Middle Country CSD, CEd. 14078Dowler v Middle Country CSD, CEd 14078Eileen Banschback and Timothy Dowler, certified physical education teachers, were employed by the Middle Country Central School District as teaching assistants* and assigned to teach adaptive physical education under the general supervision of a certified physical education teacher...

Publication of New York Public

Posted on November 11, 2010
Publication of New York Public Personnel Law will resume Monday, November 15, 2010.

Supervisor?s performing employee?s duties while employee suspended pending a criminal investigation leads to additional disciplinary charges

Posted on November 10, 2010
Supervisor?s performing employee?s duties while employee suspended pending a criminal investigation leads to additional disciplinary chargesMatter of Covert v Schuyler County, 2010 NY Slip Op 07861, Decided on November 4, 2010, Appellate Division, Third DepartmentBeth E...

Court rejects attorney?s claim that public funds were wasted because he was qualified and would have done the legal work for substantially less money

Posted on November 10, 2010
Court rejects attorney?s claim that public funds were wasted because he was qualified and would have done the legal work for substantially less moneyMatter of Diederich v Lawrence, 2010 NY Slip Op 07850, Decided on November 4, 2010, Appellate Division, Third DepartmentAttorney Michael Diederich Jr...

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 “buyer�...

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 ...