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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

Another aspect of the emerging "Law of the E-mail"

Posted on February 25, 2009
Another aspect of the emerging "Law of the E-mail"Williamson v Delsener, 2009 NY Slip Op 01333, Decided on February 24, 2009, Appellate Division, First DepartmentIn this case the Appellate Division considered the impact of an exchange of e-mails between attorneys representing the parties with respect to the settlement of the then pending litigation...

Employee?s personnel records considered by the administrative law judge in determining the disciplinary penalty to be recommended

Posted on February 24, 2009
Employee?s personnel records considered by the administrative law judge in determining the disciplinary penalty to be recommendedHealth and Hospital Corp. v Milton Meyers, OATH Index No. 1487/09Administrative Law Judge Alessandra F. Zorgniotti found that a hospital aide guilty of intentionally ?chest bumping? a co-worker with such force as to cause the co-worker to stumble...

BrightScope's 401(K) ranking system now available

Posted on February 24, 2009
BrightScope's 401(K) ranking system now availableSource: 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...

New York State Health Insurance Program (NYSHIP) to verify dependent eligibility for NYSHIP participation

Posted on February 24, 2009
New York State Health Insurance Program (NYSHIP) to verify dependent eligibility for NYSHIP participationSource: NYSHIP Eligibility Verification ProjectNew York State Health Insurance Program (NYSHIP) plans to conduct a ?Dependent Eligibility Verification Project? to help insure that a participant receiving health insurance benefits is entitled to them...

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Probationer must prove dismissal was made in bad faith or for a statutorily or constitutionally impermissible reason

Posted on February 23, 2009
Probationer must prove dismissal was made in bad faith or for a statutorily or constitutionally impermissible reasonMatter of Bonanno v Nassau County Civ. Serv. Commn., 009 NY Slip Op 01114, Decided on February 10, 2009, Appellate Division, Second DepartmentDorothy H...

Extension of Supplemental Military Leave Benefits proposed by the New York Department of Civil Service

Posted on February 23, 2009
Extension of Supplemental Military Leave Benefits proposed by the New York Department of Civil ServiceProposed amendment to 4 NYCRR Sections 21.15 and 28-1.1 [I.D. No. CVS-07-09-00001-P]The Department of Civil Service has filed a notice of its intent to amend the Attendance Rules for State officers and employees in the Classified Service extending the availability of supplemental military leave benefits for certain New York State employees until December 31, 2009...

Essentials of Education Law Section 3020-a ? Disciplinary procedures

Posted on February 23, 2009
Essentials of Education Law Section 3020-a ? Disciplinary proceduresSource: Office of Teaching Incentives, NYS Department of EducationSection 3020-a of the Education Law, as amended by Chapter 691 of the Laws of 1994, provides that a tenured school district educator who has been charged with incompetence or misconduct may elect to have a hearing officer review the charges and make findings of fact and recommendations as to penalty or punishment, if warranted...

A policy decision by the employer is not subject to "pre-negotiations;" the impact of that decision on unit members is negotiable

Posted on February 20, 2009
A policy decision by the employer is not subject to "pre-negotiations;" the impact of that decision on unit members is negotiableMatter of County of Erie & Erie County Sheriff v State of New York Pub. Empl. Relations Bd. &c., 2009 NY Slip Op 01243, Decided on February 19, 2009, Court of AppealsCivil Service Employees Association, Inc...

Slip and fall due to the employee?s wet shoes held an accident for the purposes of qualifying for accidental disability retirement benefits

Posted on February 20, 2009
Slip and fall due to the employee?s wet shoes held an accident for the purposes of qualifying for accidental disability retirement benefitsMatter of Leary v New York City Employees' Retirement Sys., 2009 NY Slip Op 01122, Decided on February 10, 2009, Appellate Division, Second DepartmentMore often than not an application for accidental disability retirement benefits is rejected on the grounds that the event leading to the injury resulting in the filing of the application for such a benefit did not constitute an ?accident? within the meaning of the controlling statute...

Developing administrative procedures ? General Municipal Law §§207-a and 207-c

Posted on February 19, 2009
Developing administrative procedures ? General Municipal Law §§207-a and 207-cNYPPL held a series of seminars that dealt with implementing the provisions of Sections 207-a and 207-c of the General Municipal Law and other relevant statutes.The following outlines a number of the major issues and concerns that were considered relevant to developing procedures for handling Sections 207-a and 207-c claims...

Legal scholarship: First Statute of Westminster [1275] is cited in attorney?s brief

Posted on February 19, 2009
Legal scholarship: First Statute of Westminster [1275] is cited in attorney?s briefAmalfitano v Rosenberg, 2009 NY Slip Op 01069, Decided on February 12, 2009, Court of AppealsPrecedents and legislative history are frequently referred to in briefs and court decisions...

Of special interest to school administrator-readers - student suspension hearings are complicated

Posted on February 19, 2009
Of special interest to school administrator-readers - student suspension hearings are complicatedSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Economic stimulus bill includes COBRA obligations for employers

Posted on February 19, 2009
Economic stimulus bill includes COBRA obligations for employersSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com All rights reserved.The United States Senate and House have come to an agreement on the terms of the economic stimulus package, known as the American Recovery and Reinvestment Act of 2009 (the ?Act?)...

Employee required to answer employer?s work-related inquiries

Posted on February 18, 2009
Employee required to answer employer?s work-related inquiriesSpielbauer v County of Santa Clara [Calif.], Supreme Court of California, decided February 9, 2009. Docket No. S-150402A deputy public defender, Thomas Spielbauer, being investigated by his employer, Santa Clara County, for alleged deceptive court conduct...

Arbitration award vacated where employee violated "Last Chance Agreement"

Posted on February 18, 2009
Arbitration award vacated where employee violated "Last Chance Agreement"Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Pre-deprivation hearing not required where plaintiff convicted of a felony

Posted on February 17, 2009
Pre-deprivation hearing not required where plaintiff convicted of a felonyReproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.Rosa v. CUNY, ___F...

New links with a New York State focus:

Posted on February 17, 2009
New links with a New York State focusThe following links have been added to the New York State Focus links in the sidebar.Education Law Section 3020-aEducation Law, Section 3020-a Comm. RegulationsCounties in New York State - web site addressesNew York State Municipalities - web sites

Employers are not required to provide Miranda-like warnings of discipline if FMLA protections are not requested

Posted on February 17, 2009
Employers are not required to provide Miranda-like warnings of discipline if FMLA protections are not requestedSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

Only service of the petition and related papers an individual authorized by the agency head to accept service constitutes proper service

Posted on February 16, 2009
Only service of the petition and related papers an individual authorized by the agency head to accept service constitutes proper serviceMatter of Lowney v New York State Division of Human Rights, 2009 NY Slip Op 30270(U), February 4, 2009, Supreme Court, New York County, Docket Number: 108754/07, Judge: Walter B...

Criminal background checks of prospective school employees

Posted on February 16, 2009
Criminal background checks of prospective school employeesSource: Office of the State ComptrollerThe Safe Schools Against Violence in Education (SAVE) Act, [see Chapters 180 and 181 of the Laws of 2000] became effective in July 2000. It requires, in pertinent part, that applicants for teaching and most other positions in New York?s public schools to be checked for criminal histories...

New York?s WARN statute took effect Feb. 1, 2009

Posted on February 16, 2009
New York?s WARN statute took effect Feb. 1, 2009Source: 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...

Defending and indemnifying an employee being sued for damages for acts or omissions that occurred in the performance of official duties

Posted on February 13, 2009
Defending and indemnifying an employee being sued for damages for acts or omissions that occurred in the performance of official dutiesLarson v County of Seneca, 2009 NY Slip Op 50177(U), Decided on February 5, 2009, Supreme Court, Ontario County, Supreme Court Justice Craig J...

Elements essential to a grand jury making a finding concerning a public official?s performance of his or her duties

Posted on February 13, 2009
Elements essential to a grand jury making a finding concerning a public official?s performance of his or her dutiesMatter of Second Report of Seneca County Special Grand Jury of Jan. 2007. 2009 NY Slip Op 00921, Decided on February 6, 2009, Appellate Division, Fourth DepartmentIt is a rather rare occurrence for a grand jury to be asked to consider alleged misconduct by of public officer...

Truck driver found to be employee for unemployment insurance purposes

Posted on February 13, 2009
Truck driver found to be employee for unemployment insurance purposesSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

The absence of language in the collective bargaining agreement providing for the claimed benefit bars the arbitration of the alleged grievance

Posted on February 12, 2009
The absence of language in the collective bargaining agreement providing for the claimed benefit bars the arbitration of the alleged grievanceMatter of Union-Endicott Cent. School Dist. v Endicott Teachers' Assn., 2009 NY Slip Op 01060, Decided on February 11, 2009, Appellate Division, Third DepartmentJoanne Peters, a teacher employed by the Union-Endicott Central School District was a member of the collective bargaining unit represented by the Endicott Teachers Association...

A police force is a quasi-military organization and its members are subject strict discipline

Posted on February 12, 2009
A police force is a quasi-military organization and its members are subject strict disciplineMatter of Lundy v City of Oswego, 2009 NY Slip Op 00772, Decided on February 6, 2009, Appellate Division, Fourth DepartmentGeorge Lundy sued the City of Oswego and its mayor in an effort to annul a Civil Service Law Section 75 determination terminating his employment as Oswego?s Chief of Police...

The arbitrator should determine if the issue raised in a demand for arbitration is subject to arbitration under the terms of the bargaining agreement

Posted on February 12, 2009
The arbitrator should determine if the issue raised in a demand for arbitration is subject to arbitration under the terms of the bargaining agreementMatter of Town of Cheektowaga v Cheektowaga Police Club, Inc., 2009 NY Slip Op 00842, Decided on February 6, 2009, Appellate Division, Fourth DepartmentThe Cheektowaga Police Club, representing police officers below the rank of lieutenant, filed a demand for arbitration to challenge Cheektowaga?s decision to promote one officer to the rank of lieutenant instead of another officer, based on the other officer's residence outside the Town of Cheektowaga...

Accused employee does not have a right to discovery in Section 75 disciplinary proceedings

Posted on February 11, 2009
Accused employee does not have a right to discovery in Section 75 disciplinary proceedingsMatter of Utica City School Dist. v Fehlhaber, 2009 NY Slip Op 00776, Decided on February 6, 2009, Appellate Division, Fourth DepartmentThe Utica City School District initiated a Section 75 disciplinary proceeding against Craig S...

Establishment of an Employee Suggestion Program creates a contractual relationship

Posted on February 11, 2009
Establishment of an Employee Suggestion Program creates a contractual relationshipDaley v County of Erie, 2009 NY Slip Op 00928, Decided on February 6, 2009, Appellate Division, Fourth DepartmentPatrick L. Daley, an Eric County employee, sued the County alleging that it had violated its Employee Suggestion Program and thus was liable for damages for ?breach of contract,?Under the Program employees who submitted cost-saving suggestions that were implemented by County were given monetary awards...

Damages can be increased to account for adverse tax consequences

Posted on February 11, 2009
Damages can be increased to account for adverse tax consequencesSource: 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...

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