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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

State Comptroller?s report concludes that Office of Mental Health's ?contracting out? for personnel and other services not adequately monitored

Posted on September 01, 2010
State Comptroller?s report concludes that Office of Mental Health's ?contracting out? for personnel and other services not adequately monitoredSource: Office of the State Comptroller, Audit 2009-S-42The State Comptroller?s auditors found that the Office of Mental Health (OMH) had 819 state-funded contracts for personal and miscellaneous services during a three-year audit period totaling $61...

Politically motivated removals from public employment

Posted on September 01, 2010
Politically motivated removals from public employmentCoogan v Smyers, et al, CA2, 134 F.3d 479In a series of rulings concerning the removal of public employees for political reasons, the U.S. Circuit Court of Appeals, Second Circuit [New York] set out a number of tests and guidelines it uses to determine if a particular termination is Constitutionally permissible...

Sick building syndrome

Posted on September 01, 2010
Sick building syndromeKnapp v Vestal CSD, App Div, 247 A.D.2d 667,From time to time there are reports of individuals becoming ill because of the quality of a building?s environment. This can result in the filling of a workers? compensation claim.Donna K...

Selected bills recently signed into law

Posted on September 01, 2010
Selected bills recently signed into lawSource: New York State LegislatureChapter 423 of the Laws of 2010: Provides that employers who provide funeral leave for family members of deceased shall not deny such leave for same-sex committed partners of the deceased...

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Commissioner rules excessed teacher?s failure to request or indicate any assumption of the teacher?s retention on the preferred list a fatal omission

Posted on August 31, 2010
Commissioner rules excessed teacher?s failure to request or indicate any assumption of the teacher?s retention on the preferred list a fatal omissionAppeal of Staci Beauchamp and the City School District of the City of Glen Cove and Melanie Tuthill Odone, Decisions of the Commissioner of Education, Decision #16,123Staci Beauchamp appealed the decision of the Board of Education of the City School District of the City of Glen Cove to appoint Melanie Tuthill Odone as a reading teacher...

COBRA web page updated

Posted on August 31, 2010
COBRA web page updatedDOL press releaseThe Department of Labor's Employee Benefits Security Administration has updated its COBRA web page to add a fact sheet and FAQs on maintaining health coverage after the COBRA premium reduction ends. The updates are posted at: http://www...

Jurisdiction to consider unilateral changes in terms and conditions of employment

Posted on August 31, 2010
Jurisdiction to consider unilateral changes in terms and conditions of employmentRoma v Susquehanna Valley CSD, 92 N.Y.2d 489 [246 AD2d 714 reversed]The primary issue on this appeal is whether a complaint of a public employer?s unilateral change in a term and condition of employment that is expressly covered by its collective bargaining agreement (CBA) with an employee organization lies within the exclusive jurisdiction of the State Public Employment Relations Board (PERB), or may be resolved through the grievance procedures of the CBA...

Vesting health insurance rights

Posted on August 31, 2010
Vesting health insurance rightsHandy v Schoharie County, Appellate Division 244 A.D.2d 842In the Handy case, the Appellate Division said a legislative body may adopt of a resolution that alters a retiree?s health insurance benefits and that such a change can be legally applied to people who retired prior to the vote to change benefits...

Report alleges NYS Department of Corrections? former Food Production Center director violated the Public Officers Law

Posted on August 31, 2010
Report alleges NYS Department of Corrections? former Food Production Center director violated the Public Officers LawSource: The Office of the State ComptrollerThe former director of the State Department of Corrections? (DOCS) prison food production operation and his staff routinely traded favors and gifts with favored businesses that were rewarded with millions of dollars in state purchases according to a report released by State Comptroller Thomas P...

Demoted whistle blower entitled to reinstatement to the higher-level former position or equivalent and lost salary plus ?predetermination interest?

Posted on August 30, 2010
Demoted whistle blower entitled to reinstatement to the higher-level former position or equivalent and lost salary plus ?predetermination interest?Tipaldo v Lynn as Commissioner of the NYC Department of Transportation, 2010 NY Slip Op 06467, decided on August 24, 2010, Appellate Division, First DepartmentIn August 1996, John Tipaldo, a long-time manager with the New York City Department of Transportation (DOT), was promoted to the position of Acting Assistant Commissioner for Planning...

Individual determined to be suffering from a mental disability placed on involuntary Civil Service Law Section 72 leave of absence

Posted on August 30, 2010
Individual determined to be suffering from a mental disability placed on involuntary Civil Service Law Section 72 leave of absenceNYC Administration for Children?s Services v S.B., OATH Index #2425/10The Administration for Children's Services sought to place a child welfare specialist on involuntary leave pursuant to Civil Service Law Section 72 because of alleged mental disability...

Agility tests for firefighters must be validated as job related

Posted on August 30, 2010
Agility tests for firefighters must be validated as job relatedPietras v Farmingdale Fire District, USDC EDNY, 94-CV-0673U.S. District Court Judge Denis R. Hurley ruled that an agility test for a volunteer firefighter unlawfully discriminated against Victoria Pietras because of her gender...

When appealing individual?s employment status all parties that may be affected must be named and served

Posted on August 30, 2010
When appealing individual?s employment status all parties that may be affected must be named and servedFive Residents v Liberty CSD, Decisions of the Commissioner of Education, Decision #13861If a party wishes to have the Commissioner of Education review an issue, it is critical that all parties who might be affected by the Commissioner?s decision be named in the petition...

New York City Fire Department Emergency Medical Technician terminated after testing positive for cocaine

Posted on August 27, 2010
New York City Fire Department Emergency Medical Technician terminated after testing positive for cocaine NYC Fire Department v Rivera, OATH Index #3416/09OATH Administrative Law Judge Julio Rodriguez recommended termination of Carlos Rivera, a New York City Fire Department EMT...

Claiming breaks in service for childcare may be excused for the purposes of member service in the NYS Employees? Retirement System

Posted on August 27, 2010
Claiming breaks in service for childcare may be excused for the purposes of member service in the NYS Employees? Retirement SystemSoronen v Comptroller, 244 A.D.2d 842William Soronen, Jr., was a temporary aide to a New York State Senator during the 1974 and 1975 legislative sessions...

Disciplinary action could affect eligibility for Unemployment Insurance

Posted on August 27, 2010
Disciplinary action could affect eligibility for Unemployment InsuranceCuevas v Sweeney, 246 A.D.2d 718Sometimes an employee who has been dismissed from his or her position as a result of disciplinary action will file for unemployment insurance benefits...

Disqualifying an applicant for employment based on psychological evaluations

Posted on August 26, 2010
Disqualifying an applicant for employment based on psychological evaluationsCoffey v Kampe, NYS Supreme Court, [Not selected for publication in the Official Reports]The Coffey case concerns the disqualification of an individual who wanted to become a police officer because he did not pass the psychological evaluation portion of the Police Officer examination...

Selected court decisions concerning employment issues noted by law firms

Posted on August 26, 2010
Selected court decisions concerning employment issues noted by law firmsSource: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]Click on the caption of the item to access the full text of the article...

Discontinuing certain disability benefits

Posted on August 26, 2010
Discontinuing certain disability benefitsTown of Cortland v PERB, NYS Supreme Court, [Not selected for publications in the Official Reports]The Town of Cortland unilaterally adopted policies and procedures that terminated certain benefits that were being paid to police officers disabled in the line of duty if they had received such benefits for more than one year...

ALJ recommends that employer permit employee to retire rather than suffer dismissal in consideration of his 29-year unblemished service record

Posted on August 25, 2010
ALJ recommends that employer permit employee to retire rather than suffer dismissal in consideration of his 29-year unblemished service record NYC Fire Department v Gill, OATH Index #1871/10Although the New York City Fire Department sought the termination of Harold Gill?s employment as a firefighter after he tested positive for cocaine in a random drug test, OATH Administrative Law Judge Faye Lewis recommended that the termination be stayed to permit Gill to retire in light of his unblemished 29-year record of service with the Department...

A public employee's freedom of

Posted on August 25, 2010
A public employee's freedom of speech with respect to statements made to the pressHarman v. City of New York, CA2, 140 F.3d 111.Two New York City agencies, the Human Resources Administration [HRA] and the Administration for Children?s Services [ACS] adopted policies [Executive Orders 101 and 641] requiring employees to obtain agency permission before speaking to the media concerning any policies or activities of the agency...

Using e-mail as evidence in disciplinary actions

Posted on August 25, 2010
Using e-mail as evidence in disciplinary actionsStrauss v Microsoft, USDC SDNY, Lexis 7433Employers and employees are discovering that with the increased use of electronic mail [e-mail], records thought not to exist may be hidden in computer files. Accordingly, employers are now reviewing computer backup tapes to find evidence of employee misconduct for use in disciplinary actions while employees are using the same sources to discover incriminating evidence of employer wrongdoing such as unlawful discrimination or sexual harassment...

Official misconduct

Posted on August 24, 2010
Official misconductPeople v Lynch, Rockland County Court, [Not selected for publication in the Official Reports]Kevin Lynch, a member of a school board, was charged with ?Official Misconduct? [Penal Law Section 195 et seq] as the result of his voting in favor of the district?s purchasing health insurance policy recommended by a consultant hired by the school district...

Selected items by law firms recently posted on the Internet

Posted on August 24, 2010
Selected items by law firms recently posted on the InternetSource: Lexology in cooperation with the Association of Corporate Counsel[Click on caption to access item posted on the Internet]Connecticut appellate court confirms court has the power to remand case to arbitration panel for clarificationGoldberg Segalla LLPAn insurance company sought to vacate an arbitration award surrounding an explosion at a coal fired electrical generating facility in Arkansas that caused more than $28 million in damages...

Individual's refusal to participate

Posted on August 24, 2010
Individual's refusal to participate in a PERB administrative hearing deemed a failure to prosecute his or her complaintArmata and United Federation of Teachers, 30 PERB 4713Rebeca Armata elected not to attend the scheduled PERB hearing. Her complaint was dismissed on the grounds that she had failed to prosecute it...

Considering the impact of the reallocation of the salary grade of positions on the collective bargaining unit

Posted on August 23, 2010
Considering the impact of the reallocation of the salary grade of positions on the collective bargaining unitCSEA Local 1000, v PERB, Appellate Division, 248 A.D.2d 882May a public employer unilaterally seek to reallocate certain titles to a higher salary grade, if such an action serves to remove employees from a bargaining unit?Monroe County submitted a proposal to the County Legislature to upgrade county physical and occupational therapists...

Correction officer charged with disobeying an order to take a post assignment

Posted on August 23, 2010
Correction officer charged with disobeying an order to take a post assignmentNYC Department of Corrections v Callabrass, OATH Index #1981/10Regina Callabrass, a New York City correction officer, was served with a number of disciplinary charges alleging, among other things, that she was guilty of disobeying an order to take a post assignment...

Oath of office must be timely filed

Posted on August 23, 2010
Oath of office must be timely filedFormal Opinion of the Attorney General, 98-F6The filing of a timely oath of office is critical to an individual?s lawfully holding public office. The inter-relationship of the eligibility of a candidate to assume elective office and the filing of the required oath was addressed by the Attorney General in his Formal Opinion 98-F6...

Burden of proof of the charges of alleged misconduct never shifts to the individual served with disciplinary charges

Posted on August 20, 2010
Burden of proof of the charges of alleged misconduct never shifts to the individual served with disciplinary chargesNYC Department of Sanitation v Torrence, OATH Index #2015/10Leo Torrence, a New York Department of Sanitation, worker was required to possess a valid commercial driver's license...

Retiree rights under an expired collective bargaining agreement

Posted on August 20, 2010
Retiree rights under an expired collective bargaining agreementMyers v City of Schenectady, 244 A.D.2d 845, Motion for leave to appeal denied, 91 N.Y.2d 812In Myers the Appellate Division ruled that under certain circumstances retirees may be entitled to benefits flowing from collective bargaining agreements that have expired...

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