Labor & Employment Law

Appointing authority is entitled to rely upon the findings of its own medical personnel when qualifying an applicant for employment

Posted on April 30, 2009
Appointing authority is entitled to rely upon the findings of its own medical personnel when qualifying an applicant for employmentMatter of City of New York v New York City Civ. Serv. Commn., 2009 NY Slip Op 03384, decided on April 28, 2009, Appellate Division, First DepartmentThe New York Civil Service Commission reversed a determination made by the New York City Police Commissioner that disqualified a candidate for appointment as a police officer for medical reasons: the applicant suffered from sleep apnea...

Employer does not have to pay benefits to former employees guilty of embezzling

Posted on April 30, 2009
Employer does not have to pay benefits to former employees guilty of embezzling William Floyd Union Free School Dist. v Wright, 2009 NY Slip Op 03164, Decided on April 21, 2009, Appellate Division, Second DepartmentThe William Floyd Union Free School District asked Supreme Court to relieve it of its contractual obligation to provide postretirement health and dental insurance benefits to Daniel C...

Local Government Leadership

Posted on April 30, 2009
Local Government LeadershipSource: State Comptroller Thomas P. DiNapoliNoting recent stories concerning the shrinking pool of public sector leaders, State Comptroller Thomas P. DiNapoli said that more than 50 percent of all municipal managers are age 50 or older, and many will be eligible to retire within 5 years and counties, cities, towns, villages and school districts face a growing problem in recruiting and retaining leadership talent...

Involvement in an accident going to or from work typically is not job-related for the purposes of receiving workers' compensation benefits

Posted on April 29, 2009
Involvement in an accident going to or from work typically is not job-related for the purposes of receiving workers' compensation benefitsMatter of Littles v New York State Dept. of Corrections, 2009 NY Slip Op 03088, decided on April 23, 2009, Appellate Division, Third DepartmentWhile en route to her job at a prison, Wandell Littles was injured when she was involved in an automobile accident approximately 10 feet from the entrance to the facility...

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

Mother-in-law not an employee under New York State's Executive Law for purposes of numerosity

Posted on April 29, 2009
Mother-in-law not an employee under New York State's Executive Law for purposes of numerositySource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

The Discipline Book -- a handbook for administrators, union officials and attorneys involved in disciplinary actions

Posted on April 29, 2009
Now available in paperback, The Discipline Book -- a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees working for New York State and its political subdivisions under the State's Civil Service Law, the Education Law and disciplinary grievance procedures negotiated through collective bargaining...

The Merit System and public employment ? does it have a future?

Posted on April 28, 2009
The Merit System and public employment ? does it have a future?Ricci v DeStefano, United State Supreme Court, Docket Nos. 07-1428 and 08-328New York State?s Constitution mandates that ?appointments and promotions in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive? [Article V, Section 6]...

Authority to proceed to initiate disciplinary action against an employee

Posted on April 28, 2009
Authority to initiate disciplinary action against an employeeMatter of Stafford v Board of Educ. of Mohonasen Cent. School Dist., 2009 NY Slip Op 03084, Decided on April 23, 2009, Appellate Division, Third DepartmentJoel Stafford was served with disciplinary charges pursuant to §75 of the Civil Service Law...

Copy of Updated New York Style Manual Available (Brown Book)

Posted on April 28, 2009
Copy of Updated New York Style Manual Available (Brown Book)Source: 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...

Failure to exercise discretion is an abuse of discretion

Posted on April 28, 2009
Failure to exercise discretion is an abuse of discretionSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved http://lawprofessors.typepad.com/adminlaw/A recent opinion from the Washington Court of Appeals provides an interesting teaching point...

PERB reverts to its earlier ?past-practice? analysis in determining ?unit work?

Posted on April 27, 2009
PERB reverts to its earlier ?past-practice? analysis in determining ?unit work?Matter of Manhasset Union Free School Dist. v New York State Pub. Empl. Relations Bd., 2009 NY Slip Op 03072, Decided on April 23, 2009, Appellate Division, Third DepartmentThe Public Employment Relations Board held that Manhasset Union Free School District had violated Civil Service Law §209-a(1)(d) by transferring "unit work to outside contractors...

Can I Get Fired for Posting on Twitter or Facebook?

Posted on April 27, 2009
Can I Get Fired for Posting on Twitter or Facebook?Source: 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...

Law Blogs

Posted on April 27, 2009
Law BlogsThere are literally thousands of LawBlogs currently being published on the Internet and cover topics from "Administrative Law" to "Workers' Compensation.Among the law blogs concentrating on New York State legal issues are the following:The New York Disability Law Blog Information, help and support for disabled individuals with long term disability, social security disability and workers' compensation claims...

Applying the public policy exception in a judicial review arbitration awards

Posted on April 24, 2009
Applying the public policy exception in a judicial review arbitration awardsMatter of Amalgamated Transit Union v MTA Bus Co., 2009 NY Slip Op 30877(U), April 16, 2009, Supreme Court, New York County, Docket Number: 115102/08, Judge: O. Peter SherwoodAmalgamated Transit Union, Local 1179, AFL-CIO filed a petition pursuant to CPLR Article 75 CPLR Article 75 seeking the confirmation of an arbitration award in its favor providing for the reinstatement of one of its members, Adron Grate...

Sanitation worker reinstated as AWOL status due to arrest, acquittal is not misconduct

Posted on April 24, 2009
Sanitation worker reinstated as AWOL status due to arrest, acquittal is not misconductSilberzweig v Doherty, ___Misc.3d___Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H...

iNews Related to Equal Employment Opportunity

Posted on April 24, 2009
EEO/iNewsiNews Related to Equal Employment OpportunitySource: iNews © 2009 John D. Sargent, All Rights Reserved, Thursday, April 23, 2009________________________________________________________________________EEO/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...

Lack of a clear explanation of the administrative procedure requires the granting an administrative hearing

Posted on April 23, 2009
Lack of a clear explanation of the administrative procedure requires the granting an administrative hearingMeadow* v NYC Dept. of Fin., Motor Vehicles, 2009 NY Slip Op 03048, Decided on April 21, 2009, Appellate Division, First DepartmentThe notice on the back of a New York City issued parking ticket indicated three ways "TO PLEAD NOT GUILTY' AND REQUEST A HEARING":1...

Careerjet.com?s search engine aids users in finding employment opportunities in the United States and foreign countries

Posted on April 23, 2009
Careerjet.com?s search engine aids users in finding employment opportunities in the United States and foreign countriesSource: Advisory from Careerjet?s marketing specialist Emily KovakMs. Kovak calls attention to Careerjet -- a job search engine designed to make the process of finding a job via the Internet easier...

Bankrupt municipality may void union contracts

Posted on April 23, 2009
Bankrupt municipality may void union contractsSource: 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...

Arbitration pursuant to the terms of a collective bargaining agreement held exclusive remedy for alleged discrimination

Posted on April 22, 2009
Arbitration pursuant to the terms of a collective bargaining agreement held exclusive remedy for alleged discrimination14 Penn Plaza LLC et al. v Pyett et al., United States Supreme Court No.07-581United States Supreme Court ruled that a provision in a collective-bargaining agreement that ?clearly and unmistakably? compels union members to arbitrate Age Discrimination in Employment Act (ADEA) claims instead of using EEOC and courts to resolve the issue controls...

Local government officials invited to participate in the Local Government Leadership Institute at Hofstra and Cornell Universities

Posted on April 22, 2009
Local government officials invited to participate in the Local Government Leadership Institute at Hofstra and Cornell UniversitiesSource: Office of the State ComptrollerNew York State Comptroller Thomas P. DiNapoli has established the Local Government Leadership Institute to develop fiscal and management expertise and to provide information and guidance to local government officials...

Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of age

Posted on April 22, 2009
Requiring a lifeguard applicant to take a swim test using a State issued ?Speedo? swimsuit is not an act of unlawful discrimination because of ageMatter of Lester v New York State Off. of Parks, Recreation & Historic Preservation, 2009 NY Slip Op 01651, Decided on March 3, 2009, Appellate Division, Second DepartmentThe New York State Division of Human Rights dismissed Roy J...

An ambiguity as to the finality of an administrative determination tolls the running of the statute of limitations

Posted on April 21, 2009
An ambiguity as to the finality of an administrative determination tolls the running of the statute of limitationsIn re Linda Branch, et. al. and the New York City Department of Education, et. al., 2009 NY Slip Op 02898, Decided on April 16, 2009, Appellate Division, First DepartmentMarco Viola and Linda Branch, employed by Thomas Buses, Inc...

Volunteer firefighter terminated after being found guilty of failing to follow procedures and falsifying documents

Posted on April 21, 2009
Volunteer firefighter terminated after being found guilty of failing to follow procedures and falsifying documentsKurot v East Rockaway Fire Dept., 19 Misc 3d 1120, rev. Appellate Division, 2009 NY Slip Op 03000, April 14, 2009The East Rockaway Fire Department filed disciplinary charges against Volunteer Fire Captain LeRoy Kurot alleging that he ?knowingly and willfully violated the Purchasing Policy of the East Rockaway Fire Department and the Village of East Rockaway...

Employee benefits

Posted on April 21, 2009
Employee benefitsSelected items from Jackson Lewis, LLPSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at http://www.jacksonlewis.com/ All rights reserved.The Jackson Lewis Law Firm has posted the following advisories on its web site:COBRA Premium Subsidies Notice Requirements and Action PlanThe new American Recovery and Reinvestment Act of 2009 ("ARRA") provides reductions in premiums and additional opportunities to elect continued group health coverage under COBRA for employees who became eligible for COBRA coverage as a result of an involuntary termination of employment between Full Story >New Special Enrollment Rights Under Group Health Plans Effective April 1, 2009The Children's Health Insurance Program Reauthorization Act of 2009 ("CHIPRA"), enacted February 4, 2009, requires group health plans to provide two new special enrollment rights beginning April 1, 2009...

Lawsuit dismissed for failure to specify the acts or omissions of unlawful discrimination underlying the complaint

Posted on April 20, 2009
Lawsuit dismissed for failure to specify the acts or omissions of unlawful discrimination underlying the complaintRoth v State University of New York, et. al., 2009 NY Slip Op 02829, Decided on April 14, 2009, Appellate Division, First DepartmentJeffrey Roth sued SUNY?s State College of Optometry and named individuals, alleging he was the victim of unlawful discrimination...

Failure to repay student loans bars admission to practice law

Posted on April 20, 2009
Failure to repay student loans bars admission to practice lawMatter of Anonymous, 2009 NY Slip Op 02883, Decided on April 16, 2009, Appellate Division, Third DepartmentAlthough Anonymous passed the New York State bar exam and the State Board of Law Examiners certified him for admission to practice before the Appellate Division, Third Department, the Appellate Division concluded that Anonymous ?has not presently established the character and general fitness requisite for an attorney and counselor-at-law...

News Related to Equal Employment Opportunity

Posted on April 20, 2009
EEO/iNews, iNews Related to Equal Employment Opportunity© 2009 John D. Sargent, All Rights Reserved, republished with permission.________________________________________________________________________EEO/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...

Terminating of a probationary teacher?s employment

Posted on April 17, 2009
Terminating of a probationary teacher?s employmentMatter of Hinson and the Board of Education of the Valhalla Union Free School District, Decisions of the Commissioner of Education, Decision No. 15,908Cynthia Hinson challenged the termination of her probationary appointment and denial of tenure by the Board of Education of the Valhalla Union Free School District...

Employer policy requiring the employee charge his or her vacation days for illness if sick leave is exhausted upheld

Posted on April 17, 2009
Employer policy requiring the employee charge his or her vacation days for illness if sick leave is exhausted upheldUSDOL/OALJ Reporter, Decisions of the Administrative Review Board, ARB No. 08-082, ALJ No. 2008-STA-25In Wood v Aggregate Industries, the U...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.