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

If a court finds that an administrative penalty is shocking to one's sense of fairness? it must remand the matter for a new penalty determination

Posted on October 06, 2010
If a court finds that an administrative penalty is shocking to one's sense of fairness? it must remand the matter for a new penalty determinationMatter of Liguori v Beloten, 2010 NY Slip Op 06739, Decided on September 30, 2010, Appellate Division, Third DepartmentDr...

Prima facie case of unlawful discrimination may be rebutted by a presentation of a non-discriminatory reason for the employment decision

Posted on October 06, 2010
Prima facie case of unlawful discrimination may be rebutted by a presentation of a non-discriminatory reason for the employment decisionMatter of Monsay v New York State Div. of Human Rights, 2010 NY Slip Op 06928, Decided on October 1, 2010, Appellate Division, Fourth DepartmentEvelyn H...

Vacating an arbitration award

Posted on October 06, 2010
Vacating an arbitration awardLocal 756 ex rel Westfall v Cohoes, 263 AD2d 652The Westfall decision concerned an arbitration award on a ruling involving the denial of Section 207-c benefits. It sets out some of the basic elements considered by courts when they are asked to vacate an arbitration award...

Workers? Compensation Leave - Civil

Posted on October 06, 2010
Workers? Compensation Leave - Civil Service Law Section 71House v NYS Office of Mental Health, 262 AD2d 929Martha I. House, a keyboard specialist at Richard H. Hutchings Psychiatric Center, suffered a work-related injury in December 1991. As a result she was frequently absent from work...

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

Adjusting a school's annual budget

Posted on October 06, 2010
Adjusting a school's annual budgetLeman v South Orangetown CSD, Decisions of the Commissioner of Education #14166South Orangetown Central School District?s school superintendent position became vacant April 1, 1998. In preparing its budget for the 1998-99 school year, the district included an appropriation of $131,885 for the superintendent?s salary line as the amount it expected would be required to employ a new superintendent...

Applying for disability retirement

Posted on October 06, 2010
Applying for disability retirementGrossman v McCall, App. Div., Third Dept., 262 AD2d 923, Motion for leave to appeal denied, 94 NY2d 765, Appeal on Constitutional grounds dismissed, 94 NY2d 796Retirement and Social Security Law Section 62(aa)(2), allows a member of a public retirement system eligible for ordinary disability retirement to file an application for benefits if (1) the member is still in service at the time of the application or (2) the member applies within 90 days from the date of his or her discontinuance of service...

Employment contracts in public education

Posted on October 06, 2010
Employment contracts in public educationBrousseau v Shenendehowa CSD, Decisions of the Commissioner of Education #14193The Shenendehowa Central School District and its Director of Finance, Susan M. Martin, signed an ?employment agreement? for the period May 13, 1998 through June 30, 1999 setting out the terms and conditions of Martin?s employment with the district...

Suspended employee found to have submitted required documents at the earliest date practicable

Posted on October 05, 2010
Suspended employee found to have submitted required documents at the earliest date practicableNYC Department of Sanitation v McCaffrey, OATH Index #2518/10OATH Administrative Law Judge Alessandra Zorgniotti recommended dismissal of charges that a sanitation worker, John McCaffrey, had failed to report to the clinic on two days as ordered and had failed to submit adequate documentation of his claim that he was unable to travel on those dates...

School Board to provide representation to school employee sued for striking a student in violation of Board policies in lawsuit that followed

Posted on October 05, 2010
School Board to provide representation to school employee sued for striking a student in violation of Board policies in lawsuit that followedMatter of Sagal-Cotler v Board of Educ. of the City School Dist. of the City of NY, 2010 NY Slip Op 32657(U)...

Denial of tenure based on failure to satisfy an advanced degree requirement in timely fashion ruled arbitrary

Posted on October 05, 2010
Denial of tenure based on failure to satisfy an advanced degree requirement in timely fashion ruled arbitraryAievoli v SUNY, 264 AD2d 476The State University of New York [SUNY] denied Patrick J. Aievoli tenure because he had failed to attain his master?s degree ?in a timely manner...

Excessive absenteeism basis for termination

Posted on October 05, 2010
Excessive absenteeism basis for terminationCicero v Triborough Bridge and Tunnel Auth., 264 AD2d 334The Triborough Bridge and Tunnel Authority [TBTA] terminated Rocco Cicero, a toll collector, after finding him guilty of charges alleging toll shortages, four unauthorized absences and excessive absenteeism...

Filing a timely appeal challenging administrative decisions critical

Posted on October 05, 2010
Filing a timely appeal challenging administrative decisions criticalDecker v BOCES Monroe 2-Orleans, Decisions of the Commissioner of Education #14173It is not unusual for a disappointed job seeker to press for reconsideration of his or her application for appointment...

Using internal investigation reports in civil lawsuits

Posted on October 05, 2010
Using internal investigation reports in civil lawsuitsRamirez v MBSTOA, 258 A.D.2d 326It is not uncommon for an employer to undertake an ?internal investigation? of an incident involving alleged negligence or misconduct on the part of an employee in the performance of his or her duties...

Filing an employer application for involuntary ordinary disability retirement on behalf of the employee

Posted on October 05, 2010
Filing an employer application for involuntary ordinary disability retirement on behalf of the employeeOshinsky v NYC Housing Auth., USDC-SDNYVarious state retirement laws authorize an employer to file an application for retirement on behalf of an individual who is unable to perform his or her duties if the individual declines to do so...

Conduct that was the subject of counseling memoranda may be the basis for disciplinary charges subsequently served on the employee

Posted on October 04, 2010
Conduct that was the subject of counseling memoranda may be the basis for disciplinary charges subsequently served on the employeeMatter of Board of Educ. of the Dundee Cent. School Dist. v Coleman, 2010 NY Slip Op 51684(U), Decided on October 1, 2010, Supreme Court, Yates County, Judge W...

A disability that causes or contributes to an employee?s decision to retire constitutes an involuntary withdrawal from the labor market

Posted on October 04, 2010
A disability that causes or contributes to an employee?s decision to retire constitutes an involuntary withdrawal from the labor market Matter of Jimerson v New York City Police Dept., 2010 NY Slip Op 06729, Decided on September 30, 2010, Appellate Division, Third DepartmentDelores Jimerson was employed as a senior administrative aide by the New York City Police Department...

Asserting rights not covered by the Taylor Law collective bargaining agreement

Posted on October 04, 2010
Asserting rights not covered by the Taylor Law collective bargaining agreementCSEA v Nassau Co., App. Div., 2nd Dept., 264 AD2d 798, Motion for leave to appeal denied, 94 NY2d 759Clearly, a public employee union may, under appropriate circumstances, file a lawsuit, or demand arbitration, for an alleged breach of a collective bargaining agreement...

Suing for damages for on-the-job personal injury pursuant to General Municipal Law Section 205-e and the firefighter?s rule

Posted on October 04, 2010
Suing for damages for on-the-job personal injury pursuant to General Municipal Law Section 205-e and the firefighter?s ruleFlynn v City of New York, App. Div., First Department, 258 AD2d 129[Decided with Marron v City of New York, App. Div., First Department]Section 205-e of the General Municipal Law grants police officers, or their representatives, the right to bring legal action to recover damages for personal injuries or death resulting from another person?s negligence in failing to comply with statutory or regulatory requirements...

Involuntary placement of employee on medical leave

Posted on October 04, 2010
Involuntary placement of employee on medical leaveEvans v NYS Dept. of Health et al, 2nd Cir., No. 98-7160(L)Due process requirements generally prevent public employers in New York State from removing employees or placing them on leave without a hearing...

Designating employee as managerial or confidential

Posted on October 04, 2010
Designating employee as managerial or confidentialLippman v PERB, App. Div., Third Dept., 263 AD2d 891The designation of managerial and confidential employees within the meaning of the Taylor Law is important to both employers and unions. In the Lippman case the Appellate Division, Third Department, set out the criteria courts follow in reviewing determinations by the Public Employment Relations Board [PERB] concerning the designation of such personnel...

Increasing workday hours held to adversely affect employee leave credits

Posted on October 04, 2010
Increasing workday hours held to adversely affect employee leave creditsNagy v Board, Sup. Ct., Conn, #16003Connecticut?s Supreme Court ruled that increasing the workday hours of state employees from seven hours to eight hours per day ?devaluates? their accrued annual and sick leave credits...

OATH hearing officer denies 9-month postponement of disciplinary hearing while individual is on �72 disability leave

Posted on October 01, 2010
OATH hearing officer denies 9-month postponement of disciplinary hearing while individual is on �72 disability leaveNew York City Department of Consumer Affairs v Santamaria, OATH Index #2455/10NYPPLThe New York City Department of Consumer Affairs filed �75 disciplinary charges against Randi Santamaria alleging various acts of insubordination and ?carelessness...

Electronic document preservation

Posted on October 01, 2010
Electronic document preservationSource: Article by Kramer Levin Naftalis & Frankel LLP attorneys Norman C. Simon and Brendan M. SchulmanNYPPLAttorneys Simon and Schulman write ?In our Electronic Discovery Updates, we have occasionally reported on decisions in New York in which federal or state courts have imposed sanctions for a party?s failure to fulfill preservation or production obligations relating to electronically stored information (?ESI?)...

EEOC alleges female employee ?pressured to enter into a sham marriage? constitutes sexual harassment

Posted on October 01, 2010
EEOC alleges female employee ?pressured to enter into a sham marriage? constitutes sexual harassmentSource: Posted on the Internet in CCH Workday. Reproduced with permission. Copyright� CCH 2010, All rights reserved. If you wish to become a subscriber to CCH Workday, please go to http://www...

Attorneys caution employers to make certain that its "information security doesn?t walk out the door" when employees leave the organization

Posted on October 01, 2010
Attorneys caution employers to make certain that its "information security doesn?t walk out the door" when employees leave the organizationSource: Poyner & Spruill LLP by Attorneys Louis B. Meyer III and Elizabeth H. JohnsonPosted by The Lexology newsfeed [New users can register free of charge at www...

School board not required to adjusting teaching schedules to avoid a layoff

Posted on October 01, 2010
School board not required to adjusting teaching schedules to avoid a layoffSoukey v Cohoes City School Dist., Commissioner of Education Decision 14,106Faced with a reduced work schedule or a perhaps layoff, a teacher may ask the school board to adjust the schedules of other teachers in order to retain him or her in a full-time position...

Considering employee sick leave bank requests

Posted on October 01, 2010
Considering employee sick leave bank requestsPocantico Hills CSD v Teachers Assoc., App. Div., 2nd Dept. 264 AD2d 397, Motion to appeal denied, 94 NY2d 759The Taylor Law Agreement between the Pocantico Hills Central School District and the Pocantico Hills Teachers Association provided for a sick leave bank for use by teachers absent as a result of an ?extended, serious illness or serious injury...

Determining a union?s right to arbitrate

Posted on October 01, 2010
Determining a union?s right to arbitrateBatavia CSD v Batavia Teachers? Assn., App. Div., Fourth Dept., 265 AD2d 806Jefferson County v Jefferson Co. Deputy Sheriff?s Assn., App. Div., Fourth Dept., 265 AD2d 802The Appellate Division, Fourth Department, handed down two rulings that addressed efforts by public employers to prevent the arbitration of grievances filed by unions on behalf of members...

Appointment to the position of detective

Posted on October 01, 2010
Appointment to the position of detectiveRyff v Safir, App. Div., First Dept., 264 AD2d 349The Ryff case sets out some standards that the Appellate Division, First Department, said should be considered in determining if a police officer who has temporarily served as a detective for at least 18 months is entitled to hold that title on a permanent basis without further examination...

AIDS phobia

Posted on October 01, 2010
AIDS phobiaLibasci v Rockville Centre Housing Auth., NYS Supreme Ct., Nassau County, [Not selected for inclusion in the Official Reports]Libasci and a fellow Rockville Centre sanitation worker, Joseph DeJesus, were removing trash from the Rockville Housing Authority when an insulin needle protruding from a trash bag stuck Libasci...

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 ...